Restraining Orders

Restraining Orders

A restraining order or order of protection is a form of court order that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions. All protective order statutes permit the court to instruct the abuser to stay away from someone, their home, their workplace or their school (“stay away” provisions) and to not contact them. Victims generally may also ask the court to order that all contact, whether it be by telephone, notes, mail, fax, email or delivery of flowers or gifts, be prohibited (“no contact” provisions)
There are many situations in which someone may seek a restraining order. Some of those situations might include:

  •  Anyone who has been physically, emotionally or sexually abused or threatened by someone they have been married to, lived with, have a child with, or dated. Some examples may include: a current or former spouse, family member, partner, other parent of your child, current or former roommate, or current or former person you have dated.
  •  Anyone who has been stalked. Stalking is repeated harassment that makes you feel scared or upset. A stalker can be someone you know or a stranger. They often bother people by giving them attention they do not want. This can be unwanted phone calls or gifts, or following people by going to where they work or live. It can also be threats to you or your family.

There are many types of restraining orders for different situations. Some of those orders include:

1. DOMESTIC VIOLENCE RESTRAINING ORDER (DVRO)
DVRO’s are issued when you have one of the following relationships to the person you want restrained:

  • Spouse or former spouse
  • Person with whom you share or shared a living space
  • Have or had a dating/engagement relationship
  • Parents of a child
  • Relative to the second degree (grandparents, but not cousins)

2. CIVIL HARASSMENT ORDERS (CHO)

CHO’s are different from DVRO’s primarily because No specific relationship to the restrained party is required.

3. CRIMINAL PROTECTIVE ORDERS (CPO)

CPO’s are different from DVRO’s because they are issued by a criminal court. CPOs do not include custody and visitation orders, nor can they be renewed once they expire. Harassment
Harassment is generally defined as a course of conduct, which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim.
Behaviors that may be considered as harassment include but are not limited to:

  • Unwelcome nicknames or labels
  • Derogatory comments or slurs
  • Lewd propositions
  • Assault
  • Impeding or blocking movement
  • Offensive touching or any physical interference with normal work or movement
  • Visual insults (i.e. derogatory posters or cartoons.)

If you feel like you are the victim of any of these situations, we recommend you contact us at your earliest convenience. Walter L. Moore, Attorney at law and his associates are well versed in Georgia Law pertaining to harassment and restraining orders. If you would like to discuss your situation and receive recommendations, give us a call today at (770)584-0911