The state of Georgia makes it reasonably easy and completely free to file a petition for a temporary protective order (TPO, sometimes called a restraining order). Because of the relative ease of starting the process, many victims of abuse decide to forego hiring an attorney.

In some cases, that choice turns out just fine. In others, the victim’s lack of representation leads to problems down the road and results in a negative, sometimes dangerous outcome.

In this month’s article, we’ll review some of the reasons why it is always a better idea to enlist the services of a skilled and dedicated family law attorney when petitioning the court for a TPO.

What Is the TPO Process in Georgia?

The TPO process starts when a victim of abuse, stalking, or harassment (the petitioner) files a petition in court against their abuser (the respondent). The court will very quickly hold an ex-parte hearing and decide whether to issue what’s called an ex-parte protective order that will last until the full evidentiary hearing. The respondent does not attend the ex-parte hearing; the judge’s decision is made on the basis of the evidence presented by the petitioner.

If an ex-parte order is issued, local law enforcement serves the respondent with the order and gives the date and time for an evidentiary hearing within 30 days. At the evidentiary hearing, the respondent is present and entitled to legal representation. At the evidentiary hearing, the court decides whether to dismiss the order or extend it to a 6-month, 1-year, 3-year, or indefinite period.

A Lawyer Helps Create the TPO Petition

At the beginning of the article, we mentioned that the state of Georgia makes it reasonably easy to file a TPO petition, but it is still an involved legal process. Errors in your petition can slow its processing or even negatively impact the case’s outcome. Filing the petition with insufficient evidence can lead to dismissal.

When you partner with an attorney before filing your petition, they’ll help ensure that your petition is completed accurately. They know what types of evidence are most convincing to the court and can help you assemble a body of evidence that completely supports your petition. When it is time to file the petition, your attorney can help you make sure that your paperwork is filed correctly.

A Lawyer Supports You During the Ex-Parte TPO Hearing

Most ex-parte hearings end with an ex-parte order issued by the court, but not all do. During this initial hearing, the judge will primarily look for adequate evidence to convince them that the respondent is a real and actual threat to the petitioner. When a petition is denied in the ex-parte phase, it is usually because of insufficient evidence.

That being said, it is still in your best interest to have an attorney present during your ex-parte hearing. They can help you understand what’s happening during the proceedings, help you frame your answers to the court’s questions, and provide real-time guidance to help you attain your desired outcome.

A Lawyer Is Indispensable During the Evidentiary TPO Hearing

The vast majority of TPOs dismissed by the court are dismissed during the evidentiary hearing, which is a completely different proceeding. At the evidentiary hearing, the respondent is present, may be represented by counsel, and is allowed to answer the allegations made by the petitioner.

If your abuser, stalker, or harasser arrives at the evidentiary hearing with an attorney and you are not represented by counsel, you are starting at a severe disadvantage. Their attorney may be able to introduce enough uncertainty about your petition into the deliberations to lead to a dismissal.

Your attorney will help you answer questions and provide the court with context. They can help identify weaknesses in the respondent’s argument and point them out to the court. Above all, though, your attorney will be the one person in the courtroom that you can rely on to be on your side. A TPO hearing can be a fraught, confrontational, and hostile proceeding, and your lawyer can help you avoid making spur-of-the-moment emotional decisions that can weigh against you with the judge.

Finding a Lawyer for a TPO Petition

You need to ensure that you are choosing the right lawyer to represent you. Filing a TPO petition is usually the province of a family law attorney. Look for a firm that has considerable experience handling temporary protective orders, domestic violence situations, and other cases similar to yours. Meet with a member of their team and speak honestly and frankly with them about your experiences. A reputable attorney will not make promises but will give you an honest opinion on your situation and whether or not you have grounds for a TPO.

Facing Abuse or Harassment? We Can Help: Call EMC Family Law Today!

You should never have to suffer at the hands of an abuser or stalker. To help you obtain the protection and security of a protective order, you need a legal team that understands family law and can help you get the outcome you deserve. Give us a call and let us guide you through your next steps: 770-225-7000

Related Articles: