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A temporary protective order (TPO) is a court order to help protect you from someone who is abusing, threatening or harassing you. A TPO can be used against both family and non-family members.
The TPO will require the accused to stay away from you, your home and your work. The accused will be prohibited from contacting you in any way. The court can order the abuser to stay away from your children, if the court feels they are at risk. In addition, the court can order other types of relief in the TPO, such as temporary custody, support and possession of vehicles.
Getting a TPO does not mean the accused goes to jail. The TPO makes it easier for the police to arrest the accused if they violate the order, regardless of whether or not they physically harm you.
A person can apply for a Temporary Protective Order (TPO) at the Superior Court of Fulton County Family Division's office located at 136 Pryor Street, 8th Floor, Suite C-826, Atlanta, Georgia 30303. The phone number is 404-612-4579. If you are 18 years of age or older and you are the victim of family violence, you can file the petition. If you are under 18 and you are the victim of violence, you must find someone who is 18 years of age or older to file the petition for you.
At the Family Division office, Petitioners are screened to determine whether or not they meet certain criteria to obtain a protective order from domestic violence or stalking. Petitioners are provided the necessary forms to complete their petition. After Petitioners complete their paperwork, they are brought before a Judge for an Ex Parte hearing where the Judge only hears one side. Ex Parte hearings are held daily at certain scheduled times. Please call the Family Division office to obtain the schedule of the Family Division's daily Ex Parte hearings, 404-612-0505.
The Judge will determine whether or not to grant an emergency protective order based on the information and evidence presented. If the emergency protective order is granted, the Petitioner will have to come back within 2 weeks of the filing of the petition, but no later than 30 days after the filing of the petition for a full hearing to include both parties. A Petitioner can request a full hearing for a protective order although their Ex Parte request for an emergency protective order has been denied.
The Judge at the full hearing will make a determination based on the evidence presented by both parties whether to grant or dismiss the TPO petition. If there is an emergency protective order granted in an Ex Parte hearing, the Judge at the full hearing will make a determination based on the evidence presented by both parties whether to extend the TPO in place or dismiss it.