Restraining Order Violations

Restraining Order Violations in Georgia

There are several ways that a restraining order can be taken out against you. When you are accused of violating any of the several types of restraining orders, you could be facing up to a year in prison (more if your situation involves stalking). Facing charges like this can be scary and confusing. You need someone on your side to help you through it. Call us for an evaluation of you case today.

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There are two main circumstances that a Georgia Court would issue a restraining order against you.

1. If the order is in response to family violence.

2. If the order is in response to stalking.

What the order forbids depends largely on why it was taken out against you.

If the protection order was taken out in a domestic or family violence situation, it is referred to as a family violence protective order, and can do many things:

  • Order you to cease the violent acts that may have brought about the order,
  • Force you to leave your house, if the victim also resides there,
  • Make you find suitable housing for your spouse and/or children,
  • Award temporary custody of children and establish temporary visitation rights,
  • Order either person to make alimony or child support payments,
  • Award possession of property shared by both parties,
  • Order you to stop harassing or interfering with the victim, and/or
  • Award costs and attorney’s fees.

If the restraining or protection order is taken out due to stalking or harassment, it can serve the following purposes:

  • Direct you to refrain from contacting the other party,
  • Order you to stop harassing or stalking the victim,
  • Award attorney’s fees and costs and/or
  • Order you to receive a psychological evaluation.

What is considered a violation of a restraining or protective order?

You may be charged with violating a protection or restraining order if the order does one of the following:

  • Excludes and/or evicts you from the household,
  • Directs you to stay away from the home, work, or school of the victim,
  • Restrains you from approaching a certain distance of the victim, and/or
  • Restrains you from any kind of specific contact with the victim.

Violation of a Protective Order – Penalties and Criminal Sentences

Violating a protection order is a misdemeanor and punishable by up to $1,000 and up to one year in prison.

If your violation constitutes another offense, you could be charged with that in addition to the violation.

For instance, if the order was issued in a stalking case and you violate it by committing the act of stalking again; you can be charged with 1) the violation of the protection order, and 2) stalking. This would increase you potential sentence. Stalking is a felony and for your second and subsequent offenses you face no less than one year in prison and no more than ten years.

** Also, if you are convicted of aggravated stalking or stalking (2nd offense or greater), your picture along with some of the basic details of your conviction will be published in the local county of your conviction. Typically this publication is ran in the local newspaper.