If you are a victim of family violence or stalking, Atlanta domestic violence attorney Andrew Margolis can help you get the protection you need. Similarly, if you have been falsely accused of family violence or stalking and someone is seeking a protective order against you, we can help.
What is a protective order? Known by the courts as a Family Violence Temporary Protective Order or a Stalking Temporary Protective Order, and commonly referred to as a ‘restraining order’ or ‘TPO,’ this is an order signed by a judge ordering one party to have no contact whatsoever with the other for some period of time, usually for a period of six (6) or twelve (12) months. This type of order may also grant temporary custody of children, establish visitation, child support, spousal support, decide who gets to stay in the parties’ residence, and other issues.
How do TPO’s work? First, the complaining party files a petition with the court for a protective order. This petition is filed ‘ex parte’, which means only the petitioner is present. The petitioner speaks to a judge, who, if he or she grants the petition, signs an Ex Parte Temporary Protective Order requiring the Defendant to have no contact with the Petitioner. The order may also require the Defendant to move out of the parties’ residence, or contain other provisions. This Ex Parte Order is then served on the Defendant, and a two-party hearing is scheduled, in most courts usually within a week or two, because the Ex Parte Order will expire thirty (30) days from the day it is issued.
At the two-party hearing, both sides have the opportunity to present evidence to the Judge, and the Judge will decide whether the 30-day order should be extended to either a six-month or twelve-month order, or dismissed.
Atlanta domestic violence attorney Andrew Margolis has a great deal of experience representing clients on both sides of TPOs. If you are in need of protection, we can help you demonstrate to the judge all the reasons why you should be protected. If applicable, Andrew Margolis will also argue the issues of child custody, visitation, child support, and any other issue that may come up during your hearing. As a former family violence prosecutor, Andrew Margolis has the unique experience necessary to successfully prosecute a Temporary Protective Order. In fact, Andrew Margolis continues to be affiliated with the Cobb Justice Foundation, which assists low-income individuals in obtaining protective orders, and is one of their ‘go-to guys’ for their more difficult cases.
If you have been unfairly accused, Andrew Margolis will use his vast experience in the field of family violence to do everything possible to present evidence that the conduct complained of did not occur, or, if it did, that it does not rise to the level for which a family violence order should be issued.
Whatever your issue, if a protective order is involved, Atlanta domestic violence attorney Andrew B. Margolis and the Margolis Legal Group, P.C. can help.