Temporary Protective Orders

Pursuant to Georgia law (O.C.G.A. 19-13-2) the following three things MUST occur before a judge will consider issues a TPO: there must be (1) an act of physical violence or terroristic threat; (2) the victim must meet relationship test, meaning the parties must be past or present spouse, share children, have a parent-child relationship (including step and foster relationships) or live or formerly live in the same household (this may exclude dating relationships where no cohabitation has taken place and persons have no children in common); and (3) the abuser must live in Cobb county (if they reside in another county you must go to that county to file an order against them).

Georgia Stalking law O.C.G.A. 16-5-94 is a protective order for when an abuser is exhibiting any of the following behaviors without your permission and for the purpose of harassing and intimidating you: a pattern of behavior such as (1) repeated unwanted contact; (2) following other person; and (3) placing other person under surveillance.

GA. Code 19-13A-1, Dating relationship’ means a committed romantic relationship characterized by a level of intimacy that is not associated with mere friendship or between persons in an ordinary business, social, or educational context; provided, however, that such term shall not require sexual involvement.(2) ‘Dating violence’ means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or persons currently, or within the last six months were, in a dating relationship:(A) Any felony; or(B) Commission of the offenses of simple battery, battery, simple assault, or stalking.

If you do not meet the qualifications of a TPO then a temporary restraining order (TRO) may be the most appropriate legal route for you under O.C.G.A. 9-11-65 Rule 65 of Civil Procedures Acts of Georgia. A lawyer is highly recommended to assist you in this process.

There are two hearings per day in Cobb County in which a judge will meet victims to either grant or deny emergency orders. A LiveSafe Resources advocate will advise at what time the judge will see you. You must be in the TPO Office no later than 9:30 a.m. to schedule morning hearing and no later than 1:30 p.m. to schedule afternoon hearings.

Please be advised the process may take a minimum of three hours to complete. Some clients may qualify for legal aid, which you can inquire about during the intake process.