Can a restraining order be issued ex parte?
Can a restraining order be issued ex parte?
For even faster relief, moving parties can seek a Temporary Restraining Order (TRO). These are often issued ex parte, meaning that only the moving party is present in court. The TRO usually lasts only until an injunctive hearing involving both parties can be held.
When does a court order a restraining order?
A command of the court issued upon the filing of an application for an Injunction, prohibiting the defendant from performing a threatened act until a hearing on the application can be held. A restraining order is an official command issued by a court to refrain from certain activity.
When does a restraining order need to be issued in Ga?
Temporary Restraining Order Georgia A temporary restraining order can be issued for a 30-day period with the intention of protecting someone from immediate harm. A court hearing must be held within 30 days from the issuance date in order to determine the next step.
When does a TRO or restraining order become effective?
An application for restraining order, filed with the court, provides the victim with temporary protection until a hearing can be held. A temporary restraining order, also referred to as a “TRO,” only becomes effective once an application for a permanent restraining order has been filed with the court, and served on the offender.
Who is the protected person in a restraining order?
A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.”
How to get a restraining order against your ex?
When you speak to the police, make sure you mention that you have a restraining order or injunction against your ex. Having the actual documentation will be particularly helpful with the police who will likely need to verify before moving forward with any proceedings.
Temporary Restraining Order Georgia A temporary restraining order can be issued for a 30-day period with the intention of protecting someone from immediate harm. A court hearing must be held within 30 days from the issuance date in order to determine the next step.
Can a restraining order on a person be revoked?
No firearms – this is a provision common to all restraining orders, and requires the offender to surrender any and all firearms. Firearms may be surrendered to law enforcement to be held until the restraining order expires or has been terminated by the court, or they may be sold.