"Usually, a Temporary Protective Order (TPO) also known as a restraining order is not necessary, especially if one of the spouses has already filed for divorce. However, if this extraordinary process occurs, both the petitioner and the respondent should hire experienced counsel. TPOs carry severe consequences and often cause one or both of the spouses to be arrested."
Tamela Adkins has successfully filed and obtained strong TPOs to protect her clients from physical abuse, sexual abuse, and stalking.
Tamela Adkins has successfully defended hundreds of unfairly accused spouses or significant others, resulting in a full dismissal of the restraining order against her clients.
Q: When can I go back to my home after I have been served with a restraining order?
A: Unfortunately, you may not go back to your residence until you have a hearing in front of a Superior Court judge. However, Georgia has very strict timelines that allow you to have a hearing almost immediately. (Although it will seem like a lifetime….)
Q: How fast will my spouse/significant other leave the home after a restraining order has been granted in my favor?
A: Almost immediately. The Sherriff’s Department has a Family Violence Taskforce that prioritizes serving TPOs on the alleged abuser and (if necessary) ejecting the aggressor from the home. Often that service takes place the very same day you obtain the TPO.
Q: Does a restraining order show up as a criminal charge?
A: No. However, a TPO is quasi criminal….meaning it has a very strict enforcement. If the accused abuser violates the TPO by contacting the victim, the accused is immediately arrested (& most of the time is NOT allowed to post bond).
Q: Can guns be seized by a restraining order?
A: Yes. There is still tension between Georgia’s laws to protect Its citizens and the Second Amendment of the Constitution to bear arms. However, under certain circumstances during a TPO hearing, the judge can order the sheriff’s department to confiscate and safeguard all firearms on a temporary basis to determine the threat of violence. Except in extraordinary cases, you will receive your firearms back once a new court order is in place.