The Legal Advocacy office is located in the Cobb County Court House and is open daily Monday through Friday to assist victims of Family Violence and Stalking in obtaining 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, 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.   There are 2 types of TPOs.

 

Pursuant to Georgia Law (O.C.G.A. 19-13-2), the following three things MUST occur before a Judge will consider issuing a TPO:

 

• There MUST be an act of physical violence, which is hitting, kicking, breaking things, etc.; or terroristic threat

• The victim MUST meet the relationship test, meaning the parties must be any of the following:

                ◦past or present spouses

                ◦persons who are 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 (note: dating relationships where there has been no cohabitation or no
                 children in common generally will NOT qualify for a TPO)

•The person, ie. abuser, that the order is being sought against MUST live in Cobb Co. (If the person lives out of the state of Georgia it may be possible to obtain an order against that person but you need to speak with an advocate to see if the circumstances are met for an out of state order.)

 

If you do not meet the qualifications above you may still be able to obtain a protective order under O.C.G.A. §16-5-94 Georgia’s Stalking Law. If the person is exhibiting any of the following behaviors without your permission for the purpose of harassing and intimidating the other person, there must be a pattern of the behavior more than one contact.

• Follows the victim;

• Places the victim under surveillance or;

• Contacts the victim.

 

If you do not meet the qualifications listed then a restraining order (TRO) may be the most appropriate legal route for you. Under O.C.G.A. §9-11-65 Rule 65 of the Civil Procedures Acts of Georgia. A lawyer is highly recommended to assist you in this process.

 

There are two hearings per day in which a judge will meet victims to either grant or deny emergency orders. The advocate will advise you what time the judge will see you.  You must be in the Legal Advocacy office no later than 9:30 in the morning and 1:30 PM each afternoon for intake in order to see a judge that day. Please be advised that the process may take a minimum of 3 hours to complete. Some clients may qualify for legal aid. Please inquire during the intake process.

 

TPO OFFICE
32 Waddell Street
Building D, Room 402
770-528-8024

Hours – Monday thru Friday 8:30AM to 4:00PM