• Temporary Protective Orders
• Restraining Orders

Temporary protective orders cannot be issued in the Magistrate Court

Temporary protective orders cover the majority of situations which are requested on a daily basis in the Magistrate Court. The procedure to obtain a protective order is relatively easy and will most often provide the relief requested and is one of the most strictly enforced orders available.

Temporary protective orders are issued in the Superior Court upon the filing of a verified petition, and the Superior Court may grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The procedure to obtain a protective order should be discussed with the Clerk of Superior court or an attorney. The Clerk of Superior Court's phone number is 706-743-5731.

What does a temporary protective order do?

The orders or agreements may:

1. Direct a party to refrain from violent acts;
2. Grant to a spouse possession of the residence of the parties and exclude the other spouse from the residence;
3. Require a party to provide suitable alternate housing for a spouse and his or her children;
4. Award temporary custody of children and establish temporary visitation rights;
5. Order the eviction of a party from the residence and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim;
6. Order either party to make payments for the support of a minor child as required by law;
7. Order either party to make payments for the support of a spouse as required by law;
8. Provide for possession of personal property of the parties;
9. Order a party to refrain from harassing or interfering with the other;
10. Award costs and attorney's fees to either party; and
11. Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence.

Who serves and enforces a temporary protective order ?

A protective order is served on the offender by the sheriff and shall apply and shall be effective throughout this state. It shall be the duty of every superior court and of every sheriff, every deputy sheriff and every state, county or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order issued by any court.

 

Restraining orders cannot be issued in the magistrate court.

When are restraining orders issued?

Restraining orders are issued in the Superior Court and is an order which restrains, or prohibits, certain conduct on the part of an individual. A criminal case need not be prosecuted in order to obtain a restraining order. Typically a restraining order is a part of a pending civil case, such as a divorce. In situations where violence is alleged to be a potential problem in a divorce, it is not uncommon for either of the parties to ask the Superior Court judge to issue a restraining order prohibiting such violence. Restraining orders are issued in other situations as well.

Violations of restraining or protective orders.

Should a party violate either a restraining order or protective order, the Superior Court has jurisdiction to deal with that violation. In certain situations, the appropriate law enforcement agency will arrest the offender for violating the terms of the order.