What is a restraining order?
A Restraining Order, often referred to as an Abuse Prevention Order, or a protective order is a civil court order that can be issued by a judge if he/she finds that the applicant is at risk of abuse from of a family or household member. Violation is a criminal offense.
Am I eligible for a restraining order?
If you are in fear because the defendant attempted to cause you physical harm; caused you physical harm; placed you in fear of physical harm or caused you to engage in sexual relations against your will, you may be granted an order of protection. The defendant's relationship to you must fall within one of the following categories: marriage; residing in the same household; blood relative; have a child in common or having been involved in a substantive dating relationship (past or present.)
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What does a restraining order do?
Which courthouse should I go to for the order?Although both the Probate and Magistrate Courts may issue Restraining orders, the appropriate court for a married person would be Probate. Probate handles divorce proceedings, permanent custody and support orders and restraining orders. However, anyone has the right to go to Magistrate Court and you should go to the Magistrate Court where you live .(Please refer to Directions to Court Houses, to determine which Magistrate Court hears cases where you live). In the event that you live outside of Georgia, go to the Magistrate Court where the incident took place. There is no charge and you do not need an attorney to file.
What happens if a violation takes place?Violation of a restraining order is a criminal offense and the police must make an arrest if they determine that the terms of the order have been broken. The District Attorney's Office provides help through the Victim/ Witness Assistance Program. The advocates are available Monday through Friday during business hours and can be accessed by calling the District Attorney's Office. If a violation takes place, phone the police immediately.
What if I want to change the order?Any modifications must be made by the judge. You must return to court and ask the judge to amend the order.
If he/she is gone by the time the police arrive, can I take out a criminal complain myself?Yes, that is called a civilian complaint. All you need is a copy of the incident report from the police who came to your home. A hearing will be held during which the judge will hear from both you and the alleged abuser before deciding whether or not to issue the complaint. If issued, the defendant will go before the judge, and a trial date will be set. If not issued, the complaint is dismissed. Please see Information for Victims and Witnesses for additional information regarding the court process in the event that a complaint issues.
What if I want to drop the charges after the matter has been sent to a judge?You must come into court and explain to the judge why you no longer wish to proceed with the charges. Keep in mind that it is the State's case and you may not be allowed to drop the case.
What is a Briefing Session?Going to court can be scary. For that reason, a victim/witness advocate provides the victim with clarification on misconceptions, strengthen awareness of the abuse prevention law and provide community support referrals. An explanation on the different types of restraining orders is given, what to do in the event a violation of the order takes place and review of a safety plan.
What is a safety plan?Although no one should have to leave their home as a result of their partner abusing them, safety concerns may cause one to choose to leave. Should this situation present itself, a safety plan can be a big help. It will assist you in your efforts to leave. For instance: Safety during a violent incident ( try to move to a low risk place that has access to the outside of the house. Get away from the kitchen, bathroom or near any weapons). When preparing to leave, check for people who would be willing to assist you with money or a place to stay; Instructions about what to do after getting a restraining order (such as have copies made); What to do in the event of a violation of the Restraining Order; A list what to take when you leave ( i.d., money, keys, medication) and emergency numbers ( Police, District Attorney and the Women's Center).
For additional information please contact: Wayne Trautz, Chief of Police for this office at (912) 583-2323. |
