Restraining Orders

Georgia temporary restraining orders (TROs), also commonly referred to as orders for protection, and family violence protection orders (FVPOs), significantly restrict you from coming within a certain distance of another individual (and possibly other family members and those they associate with) for a specific amount of time or from contacting them by phone, email, social media, or a third party.

If you are facing Cobb County restraining orders or family violence protection orders, contact a professional family violence lawyer to review your situation, evaluate whether the underlying reasons for the order are valid, and determine what legal options are available to you. Read on to learn more about the different types of Cobb County restraining orders and their implications, as well as how a skilled defense attorney could offer you their assistance today.

According to GA Code Sec. 19-13-1, family violence means the occurrence of one or more of the following acts between past or present spouses, individuals who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or others living or formerly living in the same household such as roommates:

• Battery
• Simple battery
• Assault
• Simple assault
• Stalking
• Criminal damage to property
• Unlawful restraint
• Criminal trespass
• Any felony

Family violence does not include reasonable discipline administered by a parent to a child in the form of spanking, restraint, or detention. Know that committing one of these acts in one of the aforementioned situations could potentially result in a judge sentencing one of the different Cobb County restraining orders to help protect the allegedly injured party.

In many situations, family violence will result in one family member seeking a temporary restraining order (TRO) against another family member. Georgia recognizes both TROs and family violence protection orders (FVPOs). Essentially, Cobb County restraining orders prohibit an alleged offender from coming within a certain distance of the accuser or contacting them for a specified period of time through various forms of communication including by phone calls, texting, social media, e-mails, or a third party individual.

TROs are temporary in nature and are designed to protect someone in immediate danger. Their duration will depend on the facts and circumstances of the situation, but they can last up to 30 days and are generally issued very quickly to avoid the occurrence of further violence. However, once a judge can hear the case, they can issue an FVPO which can last up to one year and then be extended for up to three years.

Violating TROs and FVPOs can result in serious consequences including being found in contempt of court, spending a year in prison, paying a $1,000 fine and also being charged with stalking or aggravated stalking – the former being classified as a misdemeanor and the latter as a felony. While family violence should never be tolerated, sometimes emotion and personal circumstances turn simple arguments into unfounded and untrue allegations of violence which can have profound effects on families – especially those with children. Learn about how a professional defense attorney could offer their assistance by reaching out to schedule an initial consultation today.

Cobb County restraining orders and family violence protection orders can place an enormous strain on relationships and families. It is important to recognize that there are two sides to every story and a dedicated defense attorney can make sure that your story is considered equally. If you are facing Cobb County restraining orders or a family violence protection order, contact an experienced defense lawyer today to review your situation, determine your legal options, and have someone fight for your rights.