Temporary Protective Order (TPO)

WHAT is an order of protection?

• A Family Violence TPO is a civil (as opposed to criminal) order of protection, which generally restricts the ability of the person the TPO is filed against to contact and come near the person in need of protection. Family Violence TPOs can provide additional relief, including but not limited to the following:
  • Custody & visitation
  • Child Support
  • Spousal Support
  • Prohibit abuser from purchasing or possession firearms
  • Evict an abuser from a shared residence
  • Damage reimbursement

WHO can get an order of protection?

• Someone you have had a relationship with such as...
  • Past or present spouses
  • Persons who are parents of the same child
  • Parents and children
  • Stepparents and children
  • Foster parents and foster children
  • Other persons living or formerly living in the same household
  • You do not have to have a family relationship to ask for a Stalking Act Protective Order.

HOW can an order of protection help me?

• The order can require the person harming you to...
  • Stay away from you
  • Stop harming you and your children
  • Move out of your home
  • Pay for damages they caused you
  • Pay for your medical expenses
  • Give up any weapons or firearms
  • Not harm your pets

HOW do I apply for an order of protection?

1. Fill out a Petition for Temporary Protective Order stating what happened and what you want the court to do about what happened.
   • You can get the petition in the Clerk’s office or from www.gsccca.org on the “Forms and Tool Kits” tab.
   • For help filling out the petition, a domestic violence shelter advocate or victim/witness advocate can help you.
2. File the petition in the Clerk’s Office of the Superior Court in the county where the person who abused or stalked you lives. If that person lives out of state,  you can file in the county where the abuse occurred or your county.
3. After filing, the court should have a hearing without notifying the other side. . A judge may give you an immediate Temporary or “Ex Parte” Protective Order and schedule a follow up hearing.
4. The hearing will take place within 30 days of you filing the petition (the court can extend this 30 days if the respondent is hiding from service.)
5. At the hearing, you and your abuser will tell the judge what happened and answer questions.
6. The judge will decide whether to give you a Temporary Protective Order for up to 12 months.

• NOTE: if your abuser does not obey the order, call the police.
• For more information on how to get an order of protection, see www.georgialegalaid.org.

WHAT can the order of protection require?

• The judge looks at your safety needs.
• Some orders require no contact or communication at all.
• The court can order custody, visitation, support, and address safety issues.
• Some courts will allow limited contact in certain situations.
  • For example, if you and your abuser have children together, the order may require the abuser to stay away from you but allow him to pick up and drop off the children for visitation.

Internet Safety

Victims of domestic violence may be tracked or stalked online by their abuser. The abuser often wants to know their every move. The National Network to End Domestic Violence lists tips on their website to help you stay safe:

• Your computer, phone, and online accounts store information about what you view online

  • Such as the websites you visit, the videos you watch, the things you search for, the emails and messages you send, and much more

• If you share a phone or computer with your abuser, be careful how you use it

  • Use these devices for simple tasks... such as looking up the weather or watching funny videos.
  • Be careful when researching how to get help - this could trigger violence.
  • See www.techsafety.org for tips on keeping your internet history private.

• Update usernames and passwords if your abuser has access to your accounts

  • Update your social media, email, phone bill, etc.
  • This will decrease the chance that your abuser can access your accounts and searches.

• Set up a new email address

  • Try to keep this private from your abuser. Connect your online accounts to that email. Make the email address anonymous
  • Do not use your name or a handle that you have used in the past.

See the National Network to End Domestic Violence’s Technology Safety and Privacy Toolkit for Survivors.

Keeping Your Address Confidential in Court

WHAT does it mean to keep my address confidential?

• Your abuser will not be able to see your current location
• It is a violation of Georgia criminal law to disclose the address of a shelter in Georgia.
  • O.C.G.A. § 19-13-23 (2010).

HOW do I keep my address confidential?

• On page 5 of the Petition for Temporary Protective Order, check the box that says....

    X      order that Petitioner’s current address be kept confidential;

• You can get the petition in the Clerk’s office or from www.gsccca.org on the “Forms and Tool Kits” tab.
• For more on orders of protection, see (link to Orders of Protection doc).
• See pages 14-15 in Georgia Legal Aid’s Self-Help Manual for Victims of Family Violence for further instructions and tips.

WHY would I want to keep my address confidential?

• All court papers have your address on them.
• Each party in the court case receives a copy of these papers.
• You may want to keep your address hidden if the offender does not know where you are staying.
• The offender seeing your address could put you in danger.

TIPS for staying safe at a location your abuser does not know of:

• Be careful who you give your address and new phone number to.
  • Maybe rent a P.O. box or ask a friend if you can use her/his address
• Make sure to clarify that your address will be kept confidential on police reports and restraining orders.
  • Your abuser will likely have access to these documents.
• Change the hours that you work.
  • Your abuser might try to follow you home to see where you live.
• If you have children, let their school know about the situation.
• Reschedule appointments that your abuser knows of.
• Tell neighbors who you trust about the situation.
  • They can let you know if they see anything suspicious.
• If you can afford it, install a security system.

For more information on safety at a confidential address, see www.womenslaw.org.

Offender Custody Status and Release

• If your abuser is in jail or prison, here are things you can do to protect yourself...

  • The Georgia Office of Victim Services operates a Victim Information Program (V.I.P.). The program offers....
    • A 24-hour automated information system used by the Georgia Office of Victim Services
      • Provides victims of crime with information about their abuser
      • For information on your abuser’s custody status and/or release,, call 404-651-6668.
    • A system that notifies victims of the release of their offender from custody
  • To register for V.I.P...
    • Fill out and return a completed...
      • Crime Victim Notification Request Form AND/OR
      • Victim Impact Statement to the Georgia Office of Victims Services.
    • You can submit the forms online...
      • Go to the https://pap.georgia.gov website.
      • Click  “Victim Services”
      • Click “Victim Services Forms”
      • Click “Victim Notification Request Form.”
    • You can also return the forms to the Georgia Office of Victims Services.

Georgia Office of Victim Services
#2 Martin Luther King Jr., Drive S.E., Suite 458 East Tower
Atlanta, GA 30334

Phone: 404-651-6668
V.I.P. Phone: (800) 593-9474
Fax: 404-465-3567
Email: VictimServices@pap.ga.gov

• Victims Visitors’ Days

  • The Board wants to hear from victims about your feelings towards the crime and your current safety
  • Crime victims will receive information about their offender
  • Crime victims can register to receive notifications about their offender
  • Watch this 41NBC report for information about the 2016 Victims Visitors’ Day
• For more information on victim services...
  • See https://pap.georgia.gov OR
  • Contact the Georgia Office of Victims Services at VictimServices@pap.ga.gov.