What to Do if Your Protective Order Petition Is Denied

If you feel threatened by a member of your family, a work colleague, or someone who has been abusing, harassing, and/or stalking you, you may be entitled to the protection of a protective order, sometimes called a restraining order. While the protective order is in effect, the person who poses a threat (the “respondent”) is not allowed to contact or, in most cases, even be within a certain distance of you (the “petitioner”).

The process of obtaining a protective order is called petitioning, and it involves at least two, if not more, hearings in which the judge will hear evidence as to why you need to be protected from the respondent. In most cases, the court sees the threat as valid and issues a protective order.

Courts do sometimes deny petitions for protective orders. If your petition for a restraining order has been denied, the first thing to remember is not to panic. Consult with your attorney about your next steps, and let them help you determine how best to keep yourself and others who may be in danger safe.

How Protective Orders Work in Georgia

In Georgia, when someone is threatened, harassed, or abused by a family member, acquaintance, or even by a stranger, the victim has the right to petition the Superior Court in the county where the respondent lives for a protective order. While it is possible to file a petition for a protective order yourself, your best bet when dealing with the courts is to always have an experienced family lawyer by your side to help you navigate the processes and procedures.

Ex-Parte Hearing and Protective Order

When the initial petition is filed, the first thing that happens is an ex parte hearing. During this hearing, the judge will only hear from the petitioner and their attorney; the respondent is not present during the ex parte trial. If the judge believes that there is a reasonable threat to the petitioner or their family, the court will issue an ex parte protective order. This initial order is valid for 30 days or until the full protective order hearing.

The ex-parte hearing will happen quickly, sometimes on the same day that the petition is filed.

Petitions for ex-parte protective orders are almost always approved. While the numbers vary from place to place and year to year, data indicates that the court grants between 89 and 94% of all initial petitions.

A woman holds up her hand to defend herself against an attacker

Protective Order Hearing

The full protective order hearing will be scheduled within 30 days of the issuance of the ex-parte order. The respondent is required to appear for the hearing and will be given a chance to answer the petitioner’s accusations and any questions that the judge may have. The judge will evaluate both arguments and then determine whether to extend the protective order for a full 6-month, 1-year, or 3-year term.

Extensions are less commonly granted than ex-parte orders. In 2023, about 42% of all ex-parte TPOs in Georgia were extended to a longer term. Note: This number does not mean that the courts rejected 58% of all protective order extensions. A significant number of those TPOs were not extended because the petitioner decided to drop the matter, one or more of the involved parties moved away, one or more of the involved parties ended up incarcerated before the full hearing, or some other extenuating circumstances intervened. Still, it is more likely that a protective order will be denied at this phase than during the ex-parte phase.

Reasons Why a Protective Order Petition Could Be Denied

There are a handful of reasons why a judge could decide to deny a petition for a protective order, including:

The petitioner does not have sufficient evidence of abuse or harassment
The petitioner fails to complete their petition accurately and completely
The petitioner fails to attend their protective order hearing
The respondent is able to satisfy the court that they are no longer a threat
The respondent is able to discredit the evidence presented by the petitioner

What to Do if Your Protective Order Petition Is Denied

As we said at the beginning of this article, remain calm. Losing your temper during a hearing will not help matters and may result in a contempt of court charge.

Your first step should be to take whatever steps you need in order to keep yourself safe. Safety may mean relocating to stay with a friend or family member for a while, changing phone numbers, or other steps you need to take to keep safe from your abuser or harasser. There are probably domestic abuse and other victim resource centers in your community; turn to them for additional support in staying safe. Your attorney may also have contacts and resources you can use.

You’ll also need to consult with your attorney as to the legal situation surrounding the TPO. They’ll be able to advise you on your next steps, including options such as:

Appealing the court’s decision and trying to secure the TPO through a higher court.
If there is adequate evidence, you may be able to prosecute your abuser for domestic violence, assault, or another severe offense.

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

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