Restraining & Protective Orders

Legal Protection When You Need It Most

Emergency Situation?

If you are in immediate danger, call 911 immediately. If you need urgent legal assistance with a protective order, contact our office right away.

Understanding Protective Orders in Georgia

Protective orders, also known as restraining orders, are court-issued legal documents designed to protect individuals from harassment, abuse, stalking, or threats. In Georgia, several types of protective orders are available depending on your relationship with the person and the type of behavior involved.

At Stewart Family Law, we understand that seeking a protective order can be both emotionally challenging and legally complex. We provide compassionate, confidential assistance to help you obtain the protection you need, or defend against unfair protective order requests.

Our Services

  • Temporary protective orders
  • Stalking protective orders
  • Family violence protective orders
  • Workplace violence orders
  • Order modifications
  • Violation enforcement
  • Defense against false claims

Types of Protective Orders in Georgia

Family Violence Protective Order

Who Can Apply: Family or household members who have been victims of family violence

Covered Relationships:

  • Current or former spouses
  • Parents of the same child
  • Current or former intimate partners
  • Family members related by blood or marriage
  • People living in the same household

Prohibited Conduct:

  • Threatening or committing violence
  • Harassing or intimidating behavior
  • Following or surveillance
  • Contact via phone, text, email
  • Coming near home, work, or school

Stalking Protective Order

Who Can Apply: Anyone who has been the victim of stalking, regardless of relationship

Stalking Behaviors Include:

  • Following or pursuing repeatedly
  • Placing under surveillance
  • Approaching or confronting
  • Appearing at workplace or residence
  • Contacting by phone or electronic means
  • Leaving objects or messages

Required Elements:

  • Pattern of harassing behavior
  • Conduct serves no legitimate purpose
  • Would cause reasonable person fear
  • Actually causes fear or emotional distress

Temporary Protective Order (Ex Parte)

Purpose: Immediate protection when court is closed or emergency situation exists

Characteristics:

  • Can be obtained without notice to other party
  • Issued based on sworn petition only
  • Effective immediately upon service
  • Remains in effect until hearing date
  • Hearing must be held within 30 days

When Available:

  • Immediate and present danger
  • Irreparable injury likely
  • Notice would increase danger
  • Court is closed or unavailable

Workplace Violence Restraining Order

Who Can Apply: Employers seeking to protect employees from workplace violence

Covered Situations:

  • Threats against employees
  • Violence in the workplace
  • Harassment of workers
  • Disruption of business operations

Protections Available:

  • Prohibit contact with employees
  • Bar from workplace premises
  • Restrict communication methods
  • Require distance from business

How to Obtain a Protective Order

The process for obtaining a protective order varies slightly depending on the type of order, but generally follows these steps:

1

Prepare Documentation

Gather evidence of harassment, threats, or violence including photos, text messages, emails, witness statements, police reports, and medical records.

2

File Petition

Complete and file the appropriate petition with the court, providing detailed information about the incidents and requested protections.

3

Emergency Review

For temporary orders, a judge will review your petition immediately and may issue protection without a hearing if emergency criteria are met.

4

Service of Process

The respondent must be properly served with the petition and any temporary order before it becomes enforceable.

5

Court Hearing

Both parties appear before the judge to present evidence and testimony regarding the need for a protective order.

6

Final Order

The judge issues a decision granting or denying the protective order and establishes specific terms and duration.

What Protective Orders Can Include

No Contact Provisions

  • Prohibition on direct contact
  • No phone calls or text messages
  • No emails or social media contact
  • No contact through third parties
  • No gifts or letters

Stay-Away Requirements

  • Minimum distance from residence
  • Stay away from workplace
  • Avoid schools and childcare
  • No presence at family events
  • Specific location restrictions

Custody and Visitation

  • Temporary custody arrangements
  • Supervised visitation requirements
  • Exchange location specifications
  • Third-party pickup/drop-off
  • Communication restrictions

Additional Protections

  • Surrender of firearms
  • Temporary financial support
  • Exclusive use of residence
  • Protection of pets
  • Counseling requirements

Defending Against Protective Order Requests

If someone has filed for a protective order against you, it's crucial to take the matter seriously. Even false allegations can result in significant consequences including criminal charges for violations, loss of firearm rights, and damage to your reputation.

Defense Strategies

Challenge the Evidence

  • Question credibility of allegations
  • Present counter-evidence
  • Identify inconsistencies
  • Challenge authenticity of documents

Legal Standards Defense

  • Demonstrate lack of required elements
  • Show conduct was not harassment
  • Prove legitimate purpose
  • Contest relationship requirements

Mitigation Arguments

  • Propose less restrictive alternatives
  • Offer voluntary counseling
  • Suggest limited duration
  • Request modified terms

Constitutional Challenges

  • First Amendment speech rights
  • Due process violations
  • Overbroad restrictions
  • Vague order language

Enforcement and Violations

Enforcing Protective Orders

Protective orders are enforceable by law enforcement and violations can result in criminal charges. If someone violates your protective order:

  • Call 911 immediately if you feel unsafe
  • Document the violation with photos, screenshots, witnesses
  • Report violations to police
  • Contact your attorney to pursue contempt proceedings
  • Keep copies of the order with you at all times

Consequences of Violations

Criminal Charges

  • Misdemeanor charges for first offense
  • Felony charges for subsequent violations
  • Jail time and fines
  • Permanent criminal record

Civil Contempt

  • Additional jail time
  • Monetary sanctions
  • Attorney fees for victim
  • Extended order duration

Other Consequences

  • Loss of firearm rights
  • Employment consequences
  • Professional license issues
  • Immigration consequences

Important Considerations

Act Quickly

Time is critical in protective order cases. Evidence can disappear and memories fade, so seek legal help immediately.

Document Everything

Keep detailed records of all incidents, communications, and violations. This documentation is crucial for your case.

Safety First

Your safety is the top priority. If you're in immediate danger, call 911 before calling an attorney.

False Allegations

False protective order requests can have serious consequences. Defend your rights with experienced legal representation.