Pursuant to the Official Code of Georgia
Annotated (O.C.G.A.) 19-13-1, “Family Violence” means the occurrence of
one or more of the following acts between past or present spouses,
persons who are parents of the same child, parents and children,
stepparents and stepchildren, foster parents and foster children, or
other persons living or formerly living in the same household: (1) Any
felony: or (2) Commission of offenses of battery, simple battery, simple
assault, assault, stalking, criminal damage to property, unlawful
restraint, or criminal trespass.
LEGAL CRITERIA
Pursuant to O.C.G.A. 19-13-3, “Upon the filing of a verified petition in
which the petitioner alleges with specific facts that probable cause
exists to establish that family violence has occurred in the past and
may occur in the future, the court may order such temporary relief ex
parte as it deems necessary to protect the petitioner or a minor of the
household from violence.”
WHAT IS A
TEMPORARY PROTECTIVE ORDER (TPO)
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WHO IS ELIGIBLE TO APPLY FOR A TPO?
Before an application for a TPO can be made, an act of family violence
or stalking must have occurred. The following parties are eligible to
apply:
§
Spouses (present or past)
§
Parents of the same
children
§
Parents and children
§
Step-parents and
step-children
§
Foster parents and foster
children
§
Persons living or formerly
living in
the same household
HOW IS A TPO OBTAINED?
The first step in obtaining a TPO is the application process. A
representative (advocate) of the YWCA will assist you with the required
paperwork. The advocate is located in the Cobb County Superior Court
Building, 30 Waddell Street, 5th Floor, Suite 503, Marietta,
Georgia 30060.
This advocate is available Monday through Friday from 8:30 a.m. to 4:30
p.m. to assist in this process. (NOTE: Persons seeking protective
orders should allow at least one hour for the screening process. Late
arrival may delay the petition being heard until the following business
day.)
The advocate will provide the required paperwork for parties seeking
temporary protective orders. Additional duties of the advocate include,
entering information into the state computer system and screening cases
before bringing said matters before the presiding judge.
Petitions are heard twice daily (Monday through Friday, excluding
holidays) in the Cobb County Magistrate Court by an assisting Superior
Court Judge. Hearings are held at 11:15 a.m. and 4:00 p.m. (NOTE: All
required paperwork must be completed and entered into the state system
prior to a case being presented to a judge.)
If there is a finding by the judge that there is probable cause to
believe that an act of family violence has occurred in the past and may
occur in the future, the Court may order such relief as is deemed
appropriate.
After the responding party has been served with a copy of the order by
the Sheriff’s Office, a hearing will be held within approximately 7 to
10 days. Both parties will have the opportunity to be present at the
hearing. An assisting Superior Court Judge will determine by a
preponderance of the evidence if it is warranted to continue the
protective order for a period of up to 12 months. These hearings are
held on Tuesdays at 9:00 a.m. and 1:30 p.m.
WHERE
DOES THE TPO APPLY?
Pursuant to O.C.G.A. 19-13-4 “A protective order issued shall apply and
shall be effective throughout this state.”
