TEMPORARY PROTECTIVE ORDERS
What is a Temporary Protective Order (TPO)?
A Temporary Protective Order (TPO) helps to protect victims of domestic violence and stalking. The order will require the abuser to stay a certain distance away from you, your home and your work. The abuser will be prohibited from contacting you in person, by email, by telephone, by mail and through a third party. The court can also order the abuser to stay away from your children if the court feels the abuser poses a risk to your children.
The Family Violence Act, beginning at O.C.G.A. § 19-13-1, is a law to protect people who are abused by present or past spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children or other persons living or formerly living in the same household. It can also be used to get temporary custody, financial support and other assistance for the abused person. If there is no relationship and you do not qualify for a family violence protective order, you may be eligible for a protective order under the Stalking Law, O.C.G.A. § 16-5-94.
A Temporary Protective Order is not the same as a Temporary Restraining Order. Please consult with an attorney before coming to the Family Division if you are unclear as to whether you need a Protective Order or a Restraining Order. The Family Division does not accept petitions for Restraining Orders.
How do I apply for a Temporary Protective Order (TPO)?
A person can apply for a Temporary Protective Order (TPO) at the Superior Court of Fulton County Family Division’s office located at 136 Pryor Street, 8th Floor, Suite C-826, Atlanta, Georgia 30303. The phone number is 404-612-4579. If you are 18 years of age or older and you are the victim of family violence, you can file the petition. If you are under 18 and you are the victim of violence, you must find someone who is 18 years of age or older to file the petition for you.
At the Family Division office, Petitioners are screened to determine whether or not they meet certain criteria to obtain a protective order from domestic violence or stalking. Petitioners are provided the necessary forms to complete their petition. After Petitioners complete their paperwork, they are brought before a Judge for an Ex Parte hearing where the Judge only hears one side. Ex Parte hearings are held daily at certain scheduled times. Please call the Family Division office to obtain the schedule of the Family Division’s daily Ex Parte hearings, 404-612-0505.
The Judge will determine whether or not to grant an emergency protective order based on the information and evidence presented. If the emergency protective order is granted, the Petitioner will have to come back within 2 weeks of the filing of the petition, but no later than 30 days after the filing of the petition for a full hearing to include both parties. A Petitioner can request a full hearing for a protective order although their Ex Parte request for an emergency protective order has been denied.
The Judge at the full hearing will make a determination based on the evidence presented by both parties whether to grant or dismiss the TPO petition. If there is an emergency protective order granted in an Ex Parte hearing, the Judge at the full hearing will make a determination based on the evidence presented by both parties whether to extend the TPO in place or dismiss it.
https://www.fultoncourt.org/family/family-domviol.php