Atlanta Temporary Restraining Orders Lawyer

A temporary restraining order (TPO) may be filed by anyone who wishes to obtain some relief from another whom they are accusing of any form of abuse or other type of domestic violence matter. It is meant to ensure that the offender remains a certain amount of distance away, as few as 100 yards, for example, from the other parties who made the motion.

Some examples of situations where restraining orders might be ordered include:

• Domestic or marital issues
• Stalking
• Assault or sexual assault
• Emotional abuse
• Physical abuse
• Verbal abuse

Civil matters can also be cases where one party may attempt to file a restraining order. For example, business owners may choose to file to keep certain parties away from the company's premises. If you were found in violation of the regulations as provided in the temporary restraining order, it is important that you know what the laws are and where your rights should be upheld.

Call Weintraub & Alper Legal at (404) 907-1536 or contact us online today to learn about your rights if a temporary restraining order was filed against you!

How Long Does a Temporary Restraining Order Last in Georgia?

A temporary restraining order typically lasts until the final hearing, which must be scheduled within 30 days of the order being issued. At that hearing, the court will decide whether to extend the order.

Grounds for Obtaining a Temporary Restraining Order

To obtain a TRO, the petitioner must demonstrate specific grounds for the order. These may include:

• Threatening Behavior: Evidence that the respondent has threatened physical harm or has a history of aggressive behavior.
• Physical Harm: Documentation of past incidents of violence, including police reports, medical records, or photographs of injuries.
• Stalking Behavior: Instances of persistent unwanted communication or surveillance that instill fear in the petitioner.
• Emotional Distress: Situations where the respondent's actions have caused significant emotional suffering or psychological harm.

Defending against a TPO is about ensuring your side is heard and presenting a well-supported case to the court. Having an Atlanta temporary restraining orders lawyer can make a significant difference in navigating this process effectively.

Protect Your Rights When Receiving a Restraining Order in Atlanta

After the case has been filed, you will have the opportunity to defend yourself during a hearing. This is your right under the 14^th Amendment. The judgement will result in whether or not the evidence is substantial enough to order a permanent restraining order. When you consult with an Atlanta criminal defense attorney to prepare you for the hearing, you may be asked to provide evidence to either support your arguments or disprove the allegations made by the accuser.

Key Evidence to Support Your Defense:

• Physical evidence to absolve you against claims made
• Documents or records that can be used as your defense
• Witnesses who can attest on your behalf

These types of evidentiary support are critical to disproving that the claims made in the TPO petition can be refuted. For example, if a witness can truthfully attest that you were in a different location on the date and time of the alleged incident, it may prove to be highly beneficial to your defense efforts.

Consequences of Violating a Temporary Restraining Order

Violating a restraining order can result in serious legal consequences for the individual against whom the order is issued. Possible repercussions include:

• Contempt of Court: The individual may be held in contempt, which can lead to fines or jail time.
• Criminal Charges: In some cases, violating a TPO can lead to criminal charges, especially if the violation involves threats or acts of violence.
• Modification of the Restraining Order: The court may impose stricter conditions or extend the duration of the TPO if violations occur.

The Process of Contesting a Temporary Restraining Order

When faced with a TRO, it is essential to respond appropriately to contest the order effectively. Here is a breakdown of the process:

• Review the Order: Carefully read the terms of the restraining order to understand the restrictions imposed upon you. Knowing the details will help you formulate a defense strategy.
• Gather Evidence: Collect any evidence that supports your case. This may include text messages, emails, witness statements, or any documentation that refutes the claims made against you.
• Consult a Lawyer: Engaging an Atlanta temporary restraining order lawyer is crucial. An attorney will guide you through the legal process, helping you understand your rights and options.
• Attend the Hearing: A hearing will be scheduled, typically within 30 days of the TRO being issued. It is vital to attend this hearing, as failure to do so may result in the order being made permanent.
• Present Your Defense: During the hearing, both parties will have the opportunity to present evidence and argue their case. Your attorney will advocate on your behalf, aiming to show that the TRO should be dismissed.

Act Now: Secure Your Defense Against Restraining Orders

It is important that you also follow all of the rules of the restraining order. Because no matter how strong you believe your case is, any missteps could weaken your chances of having a strong argument during your hearing. 

While restraining orders are not criminal orders, the lawyers at our firm understand how high the stakes are, especially when it comes to domestic matters.

If a temporary restraining order has been filed against you, fight it by contacting our aggressive and experienced Atlanta temporary restraining order defense lawyers! Call now - (404) 907-1536