WHAT EVERY ONE SHOULD KNOW ABOUT

TEMPORARY PROTECTIVE ORDERS

What is a

Temporary Protective Order?

A Temporary Protective Order is a legal document issued by a court to help victims obtain protection from persons abusing, harassing, or stalking them. This order will generally state that one person is prohibited from having contact with another person and may even remove or restrict someone from a certain place or residence. This document is commonly referred to as a TPO.

By law (O.C.G.A. 19-13-4), a protective order can:

bulletdirect a party to refrain from family violence acts;
bulletgrant a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;
bulletrequire a party to provide suitable alternate housing for a spouse and his or her children;
bulletaward temporary custody of minor children and establish temporary visitation rights;
bulletorder the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent’s eviction has not been ordered;
bulletorder either party to make payments for the support of a minor child as required by law;
bulletorder either party to make payments for the support of a spouse as required by law;
bulletprovide for possession of personal property of the parties;
bulletorder a party to refrain from harassing or interfering with the other;
bulletaward costs and attorney’s fees to either party; and
bulletorder either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence.

(note: the following words are interchangeable:

-defendant, batterer, respondent

- victim, petitioner, plaintiff)

 

FACTORS TO CONSIDER IN WORKING TPO’S

CAREFULLY read the order for protection to make sure you, the victim, and the perpetrator understand the conditions of the order.

Many orders will state somewhere in the order the length of time for which the order should be in effect or when the order expires. However, if you are unsure as to whether or not the order is valid or still in effect:

If the order was issued in Cobb County, you can call the Sheriff’s Office Domestic Violence Unit for assistance in determining the validity of the order. (770/ 499-4633)

If the order was not issued in Cobb County and it is during the work day hours - try to contact the Clerk’s Office where the order was issued to get an answer as to whether or not the order is valid or still in effect.

If it is not during the work day, ask questions of the victim and defendant to try to make this determination: When was your court date; how long is the order suppose to be in effect; for the defendant - did you receive a copy of the order or did you know you had a TPO against you?, etc.

If the victim has a copy of the order, but the defendant says he has not been served, take the victims copy of the order and serve the defendant. The law provides that any peace officer can serve an order for protection. ALWAYS document via incident report or Sheriff’s Entry of Service form that this TPO was in fact served on the defendant and ask the defendant to sign a receipt for this service. If you do not have a Sheriff’s Entry of Service Form, use a blank piece of paper or have him sign a statement on your incident report. After you have served this TPO please make sure the following things are done to ensure the safety of the victim:

Advise the victim to go to the court and get another copy of the TPO so that the victim will always have this copy available; or better yet, you call the court and tell them you had to use the victim’s copy of the TPO as a service copy and see what you can do about getting the victim another copy.

Forward copies of all paperwork indicating service has been accomplished to the courts and to the Sheriff’s Office Domestic Violence Unit. This helps to keep the records in order and prevents future confusion over whether or not a defendant has been served.

NEVER give the victim false hope by telling him/her that they are safe now because they have a TPO. Remember, a TPO is a court document ordering someone to stay away, but it is not a bullet proof vest that can prevent danger or some force that will physically keep a person from harming another. Discuss with the victim other things that can be done to ensure their safety:

bulletchange telephone number
bullethave locks changed
bulletdocument, document, document all phone and in -person conversations / contacts with the defendant
bulletnever hesitate to contact the police for assistance - remember that the law requires law enforcement to enforce provisions established in TPO’s
bulletconfide in a friend or family member what is happening for added protection and emotional support
bullettalk to the children in the home and educate them as to why domestic violence is wrong
bulletContact the YWCA Battered Women’s Program for further assistance: 770/427-3390
bulletRemember the provisions established in the FULL FAITH AND CREDIT ACT