(NOTE: By law, TPO’s shall be issued through the Superior Court. However, in Cobb County, the Superior Court Judges have given the authority to issue TPO’s to the Magistrate acting as a Superior Court Judge under specific statutory authority.)

There must be a recent act of physical violence.

The petition for TPO must be filed in the County of Residence of the batterer unless the batterer lives out of state; then the TPO may be filed in the County where the abuse occurred.

The petitioner (victim or someone acting on behalf of the victim if the victim is incapacitated or a minor) must go to the 5^th floor of the Superior Court Building to obtain a TPO.

The petition must be completed by the victim (or someone acting on behalf of the victim) - the victim does not need an attorney but may have one if so desired.

Once the petition is completed, someone from the Superior Court Clerk’s Office will assist the petitioner in speaking with a Superior Court Judge. This hearing will be done ex-parte, meaning only with the petitioner and the judge.

The judge must take into consideration three specific areas before determining if a TPO should be issued:

1. Were the PARTIES involved covered under the Family Violence Act (O.C.G.A. 19-13-1): The parties involved must have one or more of the following relationships:

NOTE: Dating relationships where there has been no co-habitation generally will not qualify for a TPO.

When in doubt, refer the victim to the courts and let the courts make the decision as to whether or not the victim will qualify for a TPO.

2. Was the ACT committed covered under the Family Violence Act?  The act

 committed must be one or more of the following criminal actions:

3. Does this court have JURISDICTION in this matter?

- Generally, the TPO should be filed in the county of residence of the batterer (defendant). However, if the defendant is a non-resident (lives out of the state), but the victim lives in-state, the TPO may be filed in the county in which the act occurred. If the defendant lives in-state, the TPO should still be filed in defendant’s county of residence.

IF THE JUDGE FINDS THAT THE PARTY IS A DEFINED PARTY, THE ACT IS AN ACT OF FAMILY VIOLENCE, AND THIS COURT HAS JURISDICTION, THEN THE JUDGE CAN PROCEED WITH THE HEARING AND DETERMINE WHETHER OR NOT A TPO SHOULD BE ISSUED.

Once the TPO has been issued, the clerk will then assist the victim in the filing of the legal paperwork.

Once the paperwork has been filed as a court document, the clerk will give the victim a copy of the order and then assist the victim in locating the Sheriff’s Office.

The Sheriff’s Office will document the TPO and serve the perpetrator with a copy of the order, which will include a date on which the perpetrator is to return to court.

Both the perpetrator and the victim will return to court within thirty days of the date of the originally issued TPO. Cobb County has TPO Court every Tuesday on the third floor of the Public Safety building, so the return date for TPO hearings is generally within 10 days of the issue date of the order.

At this hearing, the judge will determine whether or not the TPO should be extended. Also at this hearing, the victim will have the opportunity to speak to an advocate from the YWCA battered women’s program.

The judge will hear testimony from both the perpetrator and the victim at this hearing. Once this testimony is offered, the judge will decide whether or not to make the order effective for a period not to exceed six months. Testimony that the judge may take into consideration, if both parties are present include custody and visitation issues, financial issues, living arrangements, contact provisions, etc.

If the perpetrator does not show up to this hearing, the judge will proceed without him and if the victim wants, will extend the order.

If the victim does not appear for this hearing and the court has had no contact from her, the order will generally be dismissed.

Once the testimony is offered and the judge considers the statements, the TPO may be issued. This will be the final order. The plaintiff (victim) and the defendant (perpetrator) will be given a copy of this order while in court. The order will state the length of time for which the TPO is in effect.

If the batterer violates the provisions of the TPO, he/she can be held in contempt of court and possibly be arrested.