A Temporary Protective Order (TPO) is what most people refer to as a restraining order. A TPO is a formal court order that may be granted to a person to protect them, and their children, from the real or perceived threat of physical violence, harassment or other harm. The protections afforded by a TPO go into effect immediately upon papers being served to the other party.
A TPO is usually in effect for two to three weeks while a court hearing is scheduled. The purpose of the hearing is to learn about the situation and determine if the order should be dropped or extended for up to a year. The petitioner and respondent are both required to attend the hearing and each may present their case for extending or dropping the order. If the court decides to extend the protective order, it could be for several months or given a permanent status in extreme situations.
Obtaining a restraining order in Georgia is a two step process. First, you must visit with an advocate to complete an initial screening which documents your reasons and evidence for requesting a TPO. Upon completing this screening, you are required to swear an oath that the information provided is real and accurate. Your request is then sent to a Superior Court judge for consideration. Second, you are required to appear before a judge in court, summarize your situation, and answer any questions the judge may have. If the TPO is granted, it can include directives on temporary child custody, child support, spousal support, and possession of marital property.
For help with temporary protective orders (TPOs) or divorce restraining orders contact our offices at 470-252-5001 or email@example.com.
Divorce is the most common family law matter we encounter. We help our clients understand their options and show them that this process doesn’t have to be painful or prohibitively expensive.
Mediation is one way of resolving your case amicably and without the unpredictability and cost of going to court. Lydia is an expert mediator, so whether she’s mediating your case with your attorney or representing you, your case is in good hands.
Child custody matters encompass legal and physical custody. Legal custody involves each parent’s right to make major decisions regarding a child’s welfare. Physical custody involves how much time a child will spend with each parent. We work closely with you and your family to determine what is in your child’s best interest.
In Georgia, child support is calculated by taking into account a child’s needs and a party’s ability to pay. Though it sounds straightforward, the process becomes more complex when you factor in insurance, child care, education, and so forth. We work to ensure the best possible outcome for you and your family.
Modification of child support or parenting plans often occurs as children age. It’s important to have excellent representation by your side in cases where either you or your ex-spouse are in contempt of an agreement, whether willfully or due to circumstances beyond your control.
A Temporary Protective Order (TPO) is what most people refer to as a restraining order. A TPO is a formal court order that may be granted to a person to protect them, and their children, from the real or perceived threat of physical violence, harassment or other harm.
Alimony, or spousal support, may be awarded based either on an agreement between the couple or a decision by the court itself. This is separate from the division of marital property and is decided on a case-by-case basis.
Georgia divorce laws give both spouses an equitable interest in all property acquired during the couple’s marriage. The general rule is that all property acquired during the course of the marriage, regardless of title, is marital property and subject to equitable division.
A prenuptial agreement is signed before two people are married and a postnuptial agreement is signed after. They often address factors like spousal support, asset division, and retirement benefits. If you have questions about either, it’s crucial to discuss them with an attorney who can explain your rights and your options.