Restraining orders help the legal system protect victims.
Judges issue restraining orders to protect victims of abuse and harassment from further violence. In Columbus, Georgia, located in Muscogee County, two types of restraining orders are available: Family Violence Protective Orders and Stalking Protective Orders. The former protects people who are being or have been hurt by a family or household member (offenses can include rape, stalking, hitting and threats). The latter protects people who are being stalked: followed, placed under surveillance or contacted against their will.
Instructions
1. Go to the Muscogee County Superior Court, located at 100 10th Street in Columbus. Go to the court clerk's office, located on the second floor, to obtain the necessary paperwork---a Petition for a Family Violence Protective Order or a Stalking Protective Order. (These forms are also available online.) Complete the forms, then give them to the court clerk.
The clerk will forward your paperwork to a judge, who will give you a hearing that same day. You may be asked to make a brief statement; the judge will then determine whether you are in immediate danger and need a temporary protective order to keep you safe until the court can hold a full hearing--a date within 30 days of your application.
There are no fees to file.
2. Bring a copy of the temporary protective order and the notice of hearing to the Muscogee County Sheriff's Office, also located at 100 10th Street in Columbus, on the fourth floor. Once you have delivered this paperwork, the sheriff's department will serve the alleged abuser with it, notifying him of the allegations against him, the terms of the temporary protective order, and the upcoming hearing. The temporary protective order does not become effective until it has been served.
3. Prepare to present your case in court. Gather any evidence you may have to support your case: police or medical records, written communication, witness testimony, a journal of the abuse, or photographs of injuries or damaged property. It can also be useful to practice telling your story with another person; this will help you be able to tell your story clearly, accurately and descriptively in court. Legal assistance is not necessary, but it can be valuable, particularly if you think the respondent will contest the restraining order.
4. Appear in court on the specified day and present your case to the judge. If you do not appear, your case will be dismissed, your temporary protective order will expire, and you will have to start the process over again if you still want a protective order. If the respondent does not appear, the judge may reschedule the hearing or grant you a protective order anyway.
The judge may choose to grant you a 12 month, 3 year, or permanent (no expiration) protective order.
Tags: temporary protective, temporary protective order, protective order, your case, Muscogee County