Full question:
I was recently sent a temporary 'good behavior' order from an old acquaintance. I think it was sent out of vigilance because I've not talked to her on the phone since 8/11/09 and she called me. I've not emailed her since 2/18/10 and it was in response to hers. I've not sent her a text message but once since 2/18 and it was intended to inform of something going on that I did not want to be accused of initiating. I only see her on the road when passing while we are both driving to work. I've never seen her any other time. I don't know the reason so if I go through an attorney, does the court have to tell me exactly what the allegations are? And since I'm fearful she my see me somewhere and try to 'start' something so she can turn me in, can I get a full fledged (permanent) restraining order against her to stay at least 100' or so away from me at all times?
- Category: Restraining Order
- Date:
- State: Georgia
Answer:
At a hearing on the matter you should be given an opportunity to rebut the allegations made. When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character; and at the hearing, if the prosecuting attorney does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order.
It will be a matter of subjective determination for the court whether you can get a restraininig order, based on al lthe circumstances involved. Generally, harassment or a threat of harm must be proven. A restraining order may be issued to a person who is a victim of harassment. A restraining order is a court document that is an order signed by a judge. Typically, civil court orders are not published in newspapers, but violations of criminal restraining orders will become part of one's legal record. The restraining order may expire by statute or remain in effect until vacated by the court. The order may or may not be issued ex parte, or without both parties to the order present. In certain cases, a judge may require testimony by both sides before issuing a restraining order.
A petition to revoke the restraining order may be made by the ex-wife or the former husband may petition the court to remove it. A hearing is typically held in which the person requesting the restraining order be revoked/removed must prove their need for having the the order revoked/removed by by the greater weight of the evidence. The person restrained (defendant) may present evidence to counter the allegations made. I suggest contacting a local attorney who can review all of the facts and documents involved.
Please see the following GA statute:
17-17-16. (a) As used in this Code section, the term:
(a) As used in this Code section, the term:
(1) "Course of conduct" spans a series of acts over a period of time,
however short, indicating a continuity of purpose.
(2) "Harassment" means a course of conduct directed at a specific
person that causes substantial emotional distress in such person.
(b)(1) A superior court, upon application of a prosecuting attorney,
shall issue a temporary restraining order prohibiting harassment of a
victim or witness in a criminal case if the court finds from specific
facts shown by affidavit or by verified complaint that there are
reasonable grounds to believe that harassment of an identified victim
or witness in a criminal case exists or that such order is necessary
to prevent and restrain an offense under Code Section 16-10-32 or
16-10-93.
(2)(A) A temporary restraining order may be issued under this Code
section without written or oral notice to the adverse party or such
party's attorney in a civil action under this Code section if the
court finds, upon written certification of facts by the prosecuting
attorney, that such notice should not be required and that there is a
reasonable probability that the state will prevail on the merits.
(B) A temporary restraining order issued without notice under this
Code section shall be endorsed with the date and hour of issuance and
be filed forthwith in the office of the clerk of the court issuing
the order.
(C) A temporary restraining order issued under this Code section shall
expire at such time, not to exceed ten days from issuance, as the court
directs. The court, for good cause shown before expiration of such
order, may extend the expiration date of the order for up to ten days
or for such longer period agreed to by the adverse party.
(D) When a temporary restraining order is issued without notice, the
motion for a protective order shall be set down for hearing at the
earliest possible time and takes precedence over all matters except older
matters of the same character; and at the hearing, if the prosecuting
attorney does not proceed with the application for a protective order,
the court shall dissolve the temporary restraining order.
(E) If on two days' notice to the prosecuting attorney or on such
shorter notice as the court may prescribe, the adverse party appears
and moves to dissolve or modify the temporary restraining order, the
court shall proceed to hear and determine such motion as expeditiously
as the ends of justice require.
(F) A temporary restraining order shall set forth the reasons for the
issuance of such order, be specific in terms, and describe in reasonable
detail and not by reference to the complaint or other document the act or
acts being restrained.
(c)(1) A superior court, upon motion of the prosecuting attorney,
shall issue a protective order prohibiting harassment of a victim or
witness in a criminal case if the court, after a hearing, finds by a
preponderance of the evidence that harassment of an identified victim
or witness in a criminal case exists or that such order is necessary
to prevent and restrain an offense under Code Section 16-10-32 or
16-10-93.
(2) At the hearing referred to in paragraph (1) of this subsection,
any adverse party named in the complaint shall have the right to
present evidence and cross-examine witnesses.
(3) A protective order shall set forth the reasons for the issuance of
such order, be specific in terms, and describe in reasonable detail and
not by reference to the complaint or other document the act or acts being
restrained.
(4) The court shall set the duration of effect of the protective order
for such period as the court determines necessary to prevent harassment
of the victim or witness but in no case for a period in excess of three
years from the date of such order's issuance. The prosecuting attorney
may, at any time within 90 days before the expiration of such order,
apply for a new protective order under this Code section.
(d) Article 5 of Chapter 11 of Title 9, relating to depositions and
discovery, shall not apply to actions brought pursuant to this Code
section.
16-5-90. (a)(1) A person commits the offense of stalking when he or she.
. . .
(a)(1) A person commits the offense of stalking when he or she
follows, places under surveillance, or contacts another person at or
about a place or places without the consent of the other person for the
purpose of harassing and intimidating the other person. For the purpose of
this article, the terms "computer" and "computer network" shall have the
same meanings as set out in Code Section 16-9-92; the term "contact"
shall mean any communication including without being limited to
communication in person, by telephone, by mail, by broadcast, by
computer, by computer network, or by any other electronic device; and the
place or places that contact by telephone, mail, broadcast, computer,
computer network, or any other electronic device is deemed to occur shall
be the place or places where such communication is received. For the
purpose of this article, the term "place or places" shall include any
public or private property occupied by the victim other than the residence
of the defendant. For the purposes of this article, the term "harassing
and intimidating" means a knowing and willful course of conduct directed
at a specific person which causes emotional distress by placing such
person in reasonable fear for such person's safety or the safety of a
member of his or her immediate family, by establishing a pattern of
harassing and intimidating behavior, and which serves no legitimate
purpose. This Code section shall not be construed to require that an overt
threat of death or bodily injury has been made.
(2) A person commits the offense of stalking when such person, in
violation of a bond to keep the peace posted pursuant to Code Section
17-6-110, standing order issued under Code Section 19-1-1, temporary
restraining order, temporary protective order, permanent restraining
order, permanent protective order, preliminary injunction, or permanent
injunction or condition of pretrial release, condition of probation, or
condition of parole in effect prohibiting the harassment or intimidation
of another person, broadcasts or publishes, including electronic
publication, the picture, name, address, or phone number of a person for
whose benefit the bond, order, or condition was made and without such
person's consent in such a manner that causes other persons to harass or
intimidate such person and the person making the broadcast or publication
knew or had reason to believe that such broadcast or publication would
cause such person to be harassed or intimidated by others.
(b) Except as provided in subsection (c) of this Code section, a
person who commits the offense of stalking is guilty of a misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for
stalking, the defendant shall be guilty of a felony and shall be
punished by imprisonment for not less than one year nor more than ten
years.
(d) Before sentencing a defendant for any conviction of stalking under
this Code section or aggravated stalking under Code Section 16-5-91, the
sentencing judge may require psychological evaluation of the offender and
shall consider the entire criminal record of the offender. At the time of
sentencing, the judge is authorized to issue a permanent restraining
order against the offender to protect the person stalked and the members
of such person's immediate family, and the judge is authorized to require
psychological treatment of the offender as a part of the sentence, or as a
condition for suspension or stay of sentence, or for probation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
