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Breaking a restraining order in Georgia

If you got into an argument with your romantic partner or spouse and the police were called, you may have received a temporary restraining order. This protects a person for a short time period while an investigation takes place. The investigation will be conducted to find out what actually happened during the argument and whether any crimes were committed.

In the state of Georgia, there are two main types of restraining orders. These are Temporary Ex Parte Orders and Family Violence Protection Orders. If a person is given a Temporary Ex Parte Order, it means that they must avoid having any type of contact with the protected person for 30 days or until the next court hearing occurs. If a person is given a Family Violence Protection Order, this is a more permanent restraining order that has an extended time limit.

What happens if I break a restraining order in the state of Georgia?

It is important that you understand the exact terms of your restraining order and that you do not break it under any circumstances. Breaking a restraining order can lead to serious consequences.

If you contact the protected person during the time that the restraining order is in place, you could be charged with contempt of court and face one year in jail or a $1,000 fine. These consequences will apply whether you are subject to a Temporary Ex Parte Order or a Family Violence Protection Order.

In addition, breaking a restraining order could mean that you become charged with stalking or aggravated stalking. This could lead to prolonged jail time.

If you believe that you should not have been given a restraining order, it is important that you continue to observe the order and research your rights under the law. If the order is temporary, you may be able to prove that the order is unnecessary. Make sure that you understand the terms of the order of protection so that you do not accidentally violate them.

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