Protective Orders

Take Action & Protect Yourself

When you need immediate legal protection, the advice of a seasoned protective order attorney in Gwinnett County can be vital. At Crawford and Boyle, LLC, we bring more than sixty years of combined legal experience to clients seeking peace of mind and security through protective orders.

Many clients seeking court protection are dealing with sensitive personal matters involving acquaintances, family, or partners. Trying to secure a temporary protective order alone can feel overwhelming and uncertain. Our attorneys have helped clients from all walks of life and understand the unique procedures.

If you are served with a TPO, act immediately. Call a dedicated restraining order attorney in Gwinnett County at (678) 680-5000 or reach out online now for a free consultation and urgent defense strategy.

Understanding Georgia’s Temporary Protective Orders (TPOs)

The core purpose of a TPO in Georgia is to stop acts of family violence and stalking. These orders are civil in nature but carry immediate criminal and civil restrictions.

A TPO petition must allege one or more acts of family violence or stalking. Family violence is defined as the occurrence of:

• Any Felony: The commission of any felony offense.
• Specific Misdemeanors: The commission of Battery, Simple Battery, Simple Assault, Assault, Stalking, Criminal Damage to Property, Unlawful Restraint, or Criminal Trespass.

The violence must have occurred between people with a qualifying relationship, such as current or former spouses, parents of the same child, parents/children, stepparents/stepchildren, foster parents/foster children, or other persons living or formerly living in the same household. If the relationship does not qualify, the petitioner may seek protection under the Stalking Law (O.C.G.A. 16-5-94).

The Dual-Phase Process

TPOs involve two critical court hearings:

• Ex Parte Hearing: Filed without notice to the respondent. The judge hears only the petitioner’s side and, if satisfied, issues an Ex Parte Protective Order valid for approximately 30 days. This order can exclude you from your residence immediately.
• Full Hearing (10-30 Days Later): After being served by the Sheriff with an Ex Parte Protective Order, both parties are summoned for a hearing. The petitioner must prove the allegations by a preponderance of the evidence (more likely than not). If the petitioner is successful, the judge issues a final TPO, typically lasting for 12 months but which can be extended. Our firm aggressively defends clients at this crucial hearing.

The Immediate and Severe Consequences of a TPO

Being named as a respondent in a TPO case triggers immediate and severe restrictions that impact nearly every aspect of your life. Our firm works relentlessly to prevent or limit these sanctions.

Mandatory Exclusions and Restrictions

If a TPO is issued, the order may grant the following temporary relief:

• Exclusion from Residence: The respondent may be ordered to immediately vacate the shared residence and may be barred from approaching within a certain distance of the petitioner’s home, workplace, or school.
• No Contact Order: Total prohibition of direct or indirect contact with the petitioner or the children, including contact via phone, text, or social media.
• Temporary Custody and Support: The court can award temporary custody of minor children and mandate payment for child and spousal support.
• Surrender of Firearms: The respondent will be ordered to temporarily surrender all firearms to law enforcement. A permanent TPO can lead to a federal lifetime ban on firearm possession.

Criminal Penalty for Violation

Any violation of a valid TPO is a crime. Violating an order that excludes you from a residence is a misdemeanor, punishable by up to 12 months in jail and a $1,000 fine. Multiple violations can lead to felony charges, such as Aggravated Stalking, which carries years in prison. The stakes demand a highly responsive defense attorney.

Key Defense Strategies at the Full TPO Hearing

The Full TPO Hearing is your only opportunity to present evidence and challenge the petitioner’s claims. We utilize a rigorous defense strategy to ensure your side of the story is heard fairly and accurately.

• Challenging Credibility and Motive: We investigate the petitioner’s motivation, as TPOs are sometimes improperly used as a weapon in divorce or custody disputes. We look for evidence of exaggeration, fabrication, or prior inconsistent statements. We may introduce evidence to prove the alleged violence did not occur or that the allegations were filed for strategic gain in a divorce or child custody modification.
• Asserting Self-Defense: We introduce evidence, including photographs and witness testimony, to prove that any physical contact was done in lawful self-defense or defense of others. If the respondent was the primary victim or merely defending themselves, the TPO should be denied.
• Disproving the Qualifying Relationship: If the relationship between the parties does not fall within the specific definitions of the Family Violence Act (e.g., they only dated briefly and never lived together), we argue that the TPO statute does not apply, requiring the petition to be dismissed.
• Arguing Against Exclusion from Residence: Even if some relief is granted, we argue forcefully against the exclusion from the marital home, particularly if the respondent has minor children or is the sole owner of the residence. We fight to ensure that any limitations imposed are the least restrictive necessary to ensure the petitioner’s safety. This requires the dedicated advocacy of a restraining order attorney.

Our Comprehensive Approach to TPO Representation

At Crawford and Boyle, LLC, we provide comprehensive representation, whether you are the petitioner urgently seeking protection or the respondent fighting to clear your name and protect your rights.

• For the Respondent (Defense): We meticulously prepare for the Full Hearing, cross-examining the petitioner and any witnesses to challenge the factual basis of the violence claim. We work to have the TPO dismissed or, failing that, to reduce its scope to the least restrictive terms possible, minimizing the impact on your custody rights and access to your home. Time is of the essence, as frequently these hearings are set within 10 days of being served with the paperwork.
• For the Petitioner (Prosecution): We advise clients on the specific evidence required (police reports, medical records, photographs) to meet the preponderance of the evidence standard. We present a compelling case to the judge, advocating not only for a 12-month protective order but also for necessary relief regarding temporary child custody and support.
• Violation Defense: If you are accused of violating an existing TPO, you face, at a minimum, a contempt citation, but more often a new misdemeanor criminal charge (or felony if it’s Aggravated Stalking). We intervene immediately to defend against this criminal charge, arguing that the contact was unintentional, initiated by the petitioner, or that the terms of the order were ambiguous.

The Process for Obtaining a Temporary Protective Order

Each restraining order case starts with a careful review of your concerns. Georgia law allows for several types of protective orders, including family violence and stalking orders. Superior Courts process these cases according to statewide rules but also recognize local procedures.

Here is how the process typically works:

• Initial consultation: Meet with a restraining order lawyer to share the details of your situation and review your supporting evidence.
• Filing your request: Submit a petition for court protection in the county courthouse; in many urgent cases, temporary protection is available rapidly after the judge reviews your request.
• Serving the other party: The sheriff’s office or courthouse delivers official documents to the respondent, letting all parties know the requirements and court dates.
• Court hearings: You must attend a hearing before a judge. Your attorney prepares you and goes through the likely questions, so you know what to expect.
• Following the Court’s instruction: Once protection is granted, your order takes effect right away. Our lawyers review the terms with you and provide ongoing guidance if anything changes in your case.

Having a team that practices locally helps avoid unnecessary errors and delays. Our attorneys monitor county guidelines, review deadlines, confirm hearing times, and track all communications to help clients at every phase of the process. We help you build a clear record so the court recognizes the urgency of your request when it matters most.

Why Choose Crawford and Boyle, LLC for Your Family Violence Protective Order

Working with a restraining order lawyer means having a team that knows the courts, the legal process, and the best pathways to protection. Our attorneys at Crawford and Boyle, LLC have served as former prosecutors, giving us a unique approach in the courtroom.

We understand what judges and law enforcement need to see and hear, and we know how to present your case persuasively. We tailor each strategy to the specifics of your matter, ensuring you always know where you stand. Free consultations let you explore your options and get answers to your questions without any obligation.

Our years in the courtroom help us anticipate the arguments or evidence an opposing party may bring. We stay familiar with the way local judges evaluate requests for protective orders, and we value open, clear communication with our clients.

As recipients of Superb Avvo Ratings and Super Lawyers, our reputation showcases the commitment and skill that clients throughout Georgia rely on during stressful experiences. Our lawyers have also built relationships within the community and with legal insiders, which supports a smoother process when time and clarity matter most.

How Our Family Violence Protective Order Attorneys Support You

Requesting a protective order is a major decision. Georgia statutes outline legal protections from violence, stalking, or harassment, but the outcome of your case depends on how facts and documents are presented to the court.

Our restraining order attorneys help clients by:

• Assessing your needs—We review your story and advise you on which protection order fits your situation and what evidence will support your request.
• Explaining local steps—We walk you through the expected process, help prepare necessary paperwork, and accompany you to hearings.
• Clarifying your rights and obligations—We discuss what the order means, what it covers, what it does not, and how to ensure your safety within its boundaries.
• Supporting your case from start to finish—We keep communication open, updating you on timelines and expectations so you never have to wonder what comes next.

In urgent cases, courts can issue temporary protective orders within hours of filing. Our attorneys keep you informed of the latest court schedules and will make sure you arrive prepared for time-sensitive hearings.

Contact a Crawford & Boyle, LLC, Attorney for Trusted Guidance

Taking the first step to secure protection should never feel out of reach. When you call Crawford and Boyle, LLC, you speak with an attorney who values your well-being and takes time to explain every detail in plain language. Our team understands the urgency and sensitivity of these cases and offers a confidential, judgment-free consultation. We listen carefully, clarify your options, and guide you toward safety, confidence, and peace of mind.

Don’t wait to get answers that matter to you—call (678) 680-5000 or reach out online today and learn how we help clients across Gwinnett County with every stage of the process.