It gets Complicated…
Temporary Restraining Order, Temporary Protective Order, Civil Restraining Order, Family Violence Protective Order, Ex-Parte Order, Stalking Order, No Contact Order, No Further Contact Order, Stay Away Order, No Further Contact Order, No Further Violent Contact Order, Special Condition of Bond, are all terms used to describe a variety of tools the court uses to address Domestic Violence and Family Violence Issues in Georgia.
At its core, the Court System in Georgia exists to protect the citizens of the Peach State though the application of Criminal Laws and enforcement of Civil Rights, Laws and Privileges granted by our Legislature.
In virtually every Domestic Violence/Family Violence issue, some form of “Protective Order” has been granted. How you work and deal with this situation will affect every step of your process.
An “Order” is a written statement from a court that informs Parties in a case they must act in a proscribed manner. In Domestic Violence/Family Violence contexts, these Orders generally flow from a Court in conjunction with an Arrest, based off criminal allegations, or a Petition brought by a Victim.
Once properly given notice, the target of the order MUST comply with its terms or face drastic legal consequences. These orders offer civil and criminal legal protection to men, women, children, and include everyone involved in a specific Domestic Violence Issue.
Violation of these orders is a criminal offense, Aggravated Stalking, which may result in a conviction with significant jail time and other serious penalties.
If you are served with a Petition for an Order, an executed Order or given notice by the Court that you are under the terms of a Court Order, that means that someone has actually gone to court and informed the judge there is a condition that the Court must address through Due Process. You are Going to Court.
If you are under Order or wish to Apply for and Obtain a Protective Order, you need to speak with a Georgia Attorney about your rights. Please contact the law office of Joshua Schiffer for a free consultation.