A Temporary Protective Order (TPO) is a civil order issued
by a Superior Court Judge for the protection of victims of
Domestic Violence or Stalking.
Pursuant to §O.C.G.A. 19-13-4, a temporary protective order
can:
- Direct a party to refrain from committing acts of family
violence or stalking;
- Grant to a spouse possession of the
residence or household of the parties and exclude
the other spouse from the residence or household;
- Require a
party to provide suitable alternative housing for a
spouse, former spouse, or parent and the parties’ child
or children;
- Award temporary custody of minor children and
establish temporary visitation rights;
- Order 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;
- Order either party to
make payment for the support of minor children as required
by law;
- Order either party to make payments for the
support of a spouse as required by law;
- Provide for
possession of personal property of the parties;
- Order
a party to refrain from harassing or interfering with
the other;
- Award costs and attorney's fees to either party;
- Order
the respondent to receive appropriate psychiatric or
psychological services as a further measure to prevent
the recurrence of family violence.
Pursuant to §O.C.G.A. 16-5-90 , “A
person commits the offense of stalking when he or she follows,
places under surveillance, or contacts another person at
or about a place or places without the consent of the other
person for the purpose of harassing, and intimidating the
other person.”
NOTE: It is not necessary for the parties to have lived together
to obtain a TPO for stalking.
LEGAL CRITERIA - Pursuant to §O.C.G.A. 19-13-3,
“Upon the filing of a verified petition
in which the petitioner alleges with specific facts that probable
cause exists to establish that family violence has occurred
in the past and may occur in the future, the court may order
such temporary relief ex parte as it deems necessary to protect
the petitioner or a minor of the household from violence.”
Before an application for a TPO can be made, an act of family
violence or stalking must have occurred. The following parties
are eligible to apply:
- Spouses (present or past)
- Parents of the same children
- Parents and children
- Step-parents and step-children
- Foster parents and foster children
- Persons living or formerly living in the same household
Contact the Victim
Witness Assistance Program, sponsored by the Chatham County
District Attorney's Office, at:
Victim-Witness Assistance Program
Chatham County Courthouse, 6th Floor
P.O. Box 2309, Savannah, GA 31402
(912)652-7329 | (800)477-5959
Office hours are from 8:00AM to 5:00PM, Monday - Friday.
An advocate is there to help you and answer any questions
that you may have.
If there is a finding by the judge that there is probable
cause to believe that an act of family violence has occurred
in the past and may occur in the future, the Court may order
such relief as is deemed appropriate.
After the responding party has been served with a copy of
the order, a hearing will be held where both parties will have
the opportunity to be present. An assisting
Superior Court Judge will determine by a preponderance of the
evidence if it is warranted to continue the protective order
for a period of up to 12 months.
Pursuant to §O.C.G.A. 19-13-4 “A
protective order issued shall apply and shall be effective
throughout this state.”
