Crystal Wright | December 19, 2024 | Family Law
In Lawrenceville, as well as throughout the state of Georgia, what certain other jurisdictions refer to as a “restraining order” or a “civil restraint order” is officially known as a protective order. Georgia issues different types of protective orders.
Types of Protective Orders
Georgia offers three types of protective orders—the family violence protective order, the stalking protective order, and the employer protective order.
The Family Violence Protective Order
The family violence protective order is based on the Georgia Family Violence Act. It is designed to protect you and people like you from violence, physical harm, threats of harm, false imprisonment, attempts to harm you physically, or harassment by a family member or someone else you have had a close relationship with, such as:
- An ex-spouse
- An ex-boyfriend or girlfriend, if you ever lived together
- The co-parent of your child, even if you were never married to them
- Current or former roommates
If you cannot get a family violence protection order against a particular individual because the relationship between you doesn’t qualify, you can always seek a stalking protection order or an employer protection order (see below).
The Stalking Protective Order
A family protective order will not be appropriate if the person you wish to restrain does not qualify as “family” for the purposes of filing it. Imagine needing an order against an ex-boyfriend who you never lived with, for example. This person might stake out your home, your office, or other places, or they may engage in other obsessive, intrusive, or frightening behaviors (opening your mail, for example). This is when it is appropriate to file a stalking protective order.
The Employer Protective Order
An employer can seek an employer protective order to protect one of their employees. Note that the employee cannot seek this order on their own—the employer must do it. Such an order is appropriate if the employee has suffered unlawful violence or credible threats of violence at their workplace or within the scope of their employment. Stalking behavior, as described above, can also support an employer protective order. Unwanted communications can also generate a “hostile work environment.”
Duration of Protective Orders
Each of the three types of protective orders can be temporary or permanent in nature.
Temporary Protective Orders
A temporary protective order is for emergencies. Suppose, for example, that your spouse abused you and forced you to move out of your home. You might need help immediately without the option to wait days or weeks for a hearing. You do go to court to apply for a temporary protective order, but your hearing with the judge is ex parte–the defendant won’t even be notified of the hearing until it is over.
The court can impose a variety of restrictions on the defendant, including barring the defendant from the family home, without notifying the defendant in advance. A temporary order lasts for 30 days or until the date of a hearing on a permanent protective order, whichever happens first.
Permanent Protective Orders
The court should schedule a hearing on a permanent protective order at some time during the 30-day temporary protective order period. The court will notify the defendant and hold a full adversarial hearing. That means both sides can call witnesses and present evidence, and the respondent can oppose your request. The court can also decline to extend the protective order if it finds your case unconvincing.
If the court grants a full restraining order, it can last up to a year. It is normally extendable up to three years. In very rare cases a Georgia judge might issue a restraining order with no expiration date.
What a Protective Order Can Prohibit
The judge enjoys broad discretion concerning the terms of any of the above-described protective orders. A Georgia protective order can prohibit:
- Direct contact, including following you or visiting your home or places that you frequent.
- Indirect contact, including attempts to contact you through relatives, mutual friends, or other third parties.
- Any kind of communication with you, including electronic communication
- Any form of physical, sexual, or emotional abuse. Of course, such conduct is already illegal, but including it in a protective order adds to the potential punishment.
- Possession of firearms.
- Consumption of alcohol or drugs.
The court might require the defendant to move out of any residence they share with you, regardless of whose name is on the property title, and it might set strict child custody and child support. The order might also generally prohibit them from being present within, say, 500 yards of you.
Penalties for Violating a Protective Order
Violating a protective order in Georgia is a serious offense that can lead to significant legal consequences, including fines, imprisonment, or both. The severity of penalties depends on the nature of the violation and whether it involved additional criminal acts, such as stalking or harassment. Violators may face misdemeanor or felony charges, and a conviction can result in a permanent criminal record, which may affect employment, housing, and other aspects of life. Courts may also impose stricter protective measures to ensure compliance.
Contact a Lawrenceville Family Law Attorney as Soon as You Can
If you need to file a protective order in Georgia, it is in your best interest to work with an experienced attorney. Contact Crystal Wright Law, LLC today to schedule your free consultation with a Lawrenceville family law lawyer. Our experienced team can answer your questions and help you throughout the process you face.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at
Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134