Temporary Protective Order Attorney in Johns Creek & North Atlanta
A Temporary Protective Order in Georgia provides immediate court-ordered protection from family violence, stalking, or harassment under the Family Violence Act. A judge can grant a TPO ex parte, without the respondent present, on the same day the petition is filed when the evidence demonstrates an immediate threat of harm. The order can prohibit contact, require the respondent to vacate the shared residence, grant temporary custody of children, and establish temporary child support. TPOs are enforceable by law enforcement immediately upon issuance, and violating a TPO is a criminal offense.
At Tannen Law Group, we file emergency TPO petitions for families in Johns Creek, Alpharetta, Milton, Cumming, Roswell, Suwanee, Duluth, and the surrounding Fulton, Gwinnett, and Forsyth Counties. We represent clients at the 30-day hearing where the court decides whether to extend protection for up to 12 months.
If you are in immediate danger, call 911. Then call or text (470) 560-7798 for legal help.
Get Protection from Domestic Violence
Attorney David Tannen has obtained Temporary Protective Orders in Fulton, Gwinnett, and Forsyth County courts since 2002. We handle these cases with urgency and discretion.
Free 30-minute consultation. No obligation. We respond within 2 hours during business hours.
Temporary Protective Orders in the Atlanta Area: Quick Facts
- Legal basis: Georgia Family Violence Act.
- Who qualifies: Current or former spouses, parents of the same child, people living or formerly living in the same household, and dating partners.
- Same-day issuance: Judges can grant ex parte TPOs the same day the petition is filed when the evidence justifies it.
- Duration: Initial TPO lasts until the 30-day hearing; can be extended for up to 12 months
- What a TPO can do: Prohibit contact, order respondent to vacate shared residence, grant temporary custody, order temporary child support, award use of a vehicle
- Filing fee: None. Georgia waives filing fees for TPO petitions
- Enforcement: Violation of a TPO is a criminal misdemeanor, arrest without a warrant is authorized
- Emergency custody: A TPO can include emergency custody provisions, removing children from the abuser's access
- Attorney feesy: $5,000 flat fee for TPO representation or defense (see pricing).
What Protection Does a TPO Provide?
Georgia TPOs provide broad protection that goes beyond simply ordering the respondent to stay away. A TPO can prohibit all direct and indirect contact: no calls, texts, emails, social media contact, or contact through third parties. The order can require the respondent to vacate the shared residence, even if the respondent is on the lease or mortgage. The court can grant temporary custody of minor children to the petitioner, removing the respondent’s access to the children until the 30-day hearing. The order can establish temporary child support during the TPO period. The court can award exclusive use of a shared vehicle to the petitioner. The order can require the respondent to stay a specified distance from the petitioner’s home, workplace, children’s school, and other locations.
TPOs are enforceable by law enforcement immediately upon service. If the respondent violates any term of the order, police can arrest them without a warrant. A TPO violation is a criminal misdemeanor carrying penalties including arrest, fines, and jail time.
How the TPO Process Works
Step 1: File the Petition
File at the Superior Court in the county where the petitioner or respondent resides, or where the act of family violence occurred. Georgia waives all filing fees for TPO petitions. The petition describes the acts of violence, threats, or stalking and identifies the respondent.
Step 2: Ex Parte Hearing
The judge reviews the petition the same day or next business day. If the petition establishes an immediate threat of danger, the judge issues a temporary ex parte order without the respondent present. The petitioner may be asked to testify briefly about the allegations.
Step 3: Service on Respondent
The respondent is served with the TPO and notice of the 30-day hearing at no cost to the petitioner. The TPO is immediately enforceable upon service.
Step 4: 30-Day Hearing
Both parties appear before the judge. The petitioner presents evidence, testimony, photographs, medical records, police reports, text messages, and witness statements. The respondent has the right to present a defense. The judge determines whether to dismiss the TPO, extend it for up to 12 months, or modify its terms.
Step 5: Enforcement
If the respondent violates the TPO at any point, the petitioner should call 911 immediately. Police can arrest the respondent without a warrant for any TPO violation.
Find Out How to Get a Protective Order
A TPO can remove an abusive spouse from your home and establish temporary custody within days. We will explain the process and help you take the first step safely.
(470) 560-7798 | Schedule online
Confidential. We understand the safety concerns involved.
How TPOs Affect Custody and Divorce Proceedings
A TPO can include emergency custody provisions that have immediate and lasting impact on family law proceedings. When a TPO grants temporary custody to the petitioner, that custody arrangement remains in effect until a family law court modifies it, which may not happen until a divorce or separate custody action is filed and adjudicated.
Evidence of family violence creates a rebuttable presumption against granting custody to the perpetrator in subsequent custody proceedings. This means a TPO that includes findings of family violence can significantly influence the permanent custody outcome. Courts presume that a parent who committed family violence should not have custody unless that parent can overcome the presumption with evidence.
This is why TPO proceedings require careful legal representation. The evidence presented at the 30-day TPO hearing and the judge’s findings carry forward into divorce and custody proceedings. A strong TPO case builds the foundation for a strong custody case.
Defending Against a Wrongful TPO
Not every TPO petition is legitimate. We also represent respondents who have been wrongly accused. In contested divorce and custody situations, TPO filings are sometimes used as tactical weapons to gain temporary custody, force a spouse from the home, or create a negative narrative for the custody case.
Defending against a wrongful TPO requires prompt action, organized evidence, and effective cross-examination at the 30-day hearing. The respondent can present evidence that contradicts the petitioner’s allegations, demonstrate that the alleged conduct did not occur or does not meet Georgia’s definition of family violence, and challenge the petitioner’s credibility.
Attorney Kevin Markes’s background as a former criminal trial attorney is particularly valuable in TPO defense. Cross-examination skills developed in criminal jury trials, where false accusations must be exposed quickly and effectively, translate directly to TPO hearings where the stakes include custody, housing, and a permanent record of family violence findings.
Why Families Choose Tannen Law Group for TPO Cases
Tannen Law Group represents both petitioners seeking protection and respondents defending against allegations. The preparation required is different on each side, but the urgency is the same.
Attorney David Tannen has practiced family law since 2002 and has obtained Temporary Protective Orders in emergency situations across Fulton, Gwinnett, and Forsyth Counties.
Attorney Kevin Markes brings his former criminal trial background to TPO defense and contested family violence cases. His cross-examination skills and trial preparation rigor apply directly to TPO hearings.
Director of Client Relations Melissa Barker handles intake for safety-sensitive cases with care. We understand that contact preferences may be safety-driven, and we honor that throughout the engagement.
Frequently Asked Questions
How quickly can I get a protective order in Georgia?
A judge can grant a temporary ex parte protective order the same day the petition is filed when the evidence justifies it. There is no filing fee for TPO petitions in Georgia. The order is immediately enforceable upon service on the respondent. The full hearing occurs within 30 days, where the court decides whether to extend protection for up to 12 months.
Call (470) 560-7798 immediately. We file same-day when the facts warrant it.
What qualifies as family violence under Georgia law?
Georgia’s Family Violence Act defines family violence as battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between current or former spouses, parents of the same child, persons living or formerly living in the same household, or dating partners. Threats of these acts also qualify.
Does a TPO give me custody of my children?
A TPO can include temporary custody provisions. If the court grants temporary custody as part of the TPO, that arrangement remains in effect until modified by a court in a subsequent custody proceeding. Evidence of family violence also creates a rebuttable presumption against granting custody to the abuser in future proceedings.
What happens if someone violates a protective order?
Violating a TPO is a criminal misdemeanor. Police can arrest the respondent without a warrant for any violation. Penalties include fines and up to 12 months in jail. If you believe someone is violating your protective order, call 911 immediately.
Then call (470) 560-7798 to make sure you are represented at the violation hearing.
Can a protective order be used against me in a divorce?
Yes. TPO findings of family violence can affect custody, support, and property division in divorce proceedings. A finding of family violence creates a presumption against custody for the perpetrator. This is why both filing for and defending against a TPO require experienced legal representation.
Can I get a TPO if I am not married to the person?
Yes. Georgia’s TPO statute covers current or former spouses, parents of the same child, persons living or formerly living in the same household, and dating partners. You do not need to be married to obtain a protective order.
How long does a protective order last in Georgia?
The initial ex parte order lasts until the 30-day hearing. At the hearing, the court can extend the order for up to 12 months. The order can be renewed before expiration if the threat continues. Permanent protective orders are available in certain circumstances.
How much does TPO representation cost at Tannen Law Group?
TPO representation or defense is handled on a $5,000 flat fee basis. See pricing for current rates. We provide a clear cost estimate during the consultation so you know what to expect before committing.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your TPO case.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your TPO case.
You Deserve to Feel Safe
Whether you need a protective order filed immediately or are defending against wrongful allegations, Tannen Law Group acts with urgency and precision.
If you are in danger, call 911 first.
Then call or text (470) 560-7798
Tannen Law Group | 6455 East Johns Crossing, Suite 425 | Johns Creek, Georgia 30097
Your Free Consultation Includes:
Whether your situation qualifies for a TPO under Georgia law
What the TPO process looks like and how quickly you can get protection
How a TPO affects custody, support, and your living situation
Schedule your free 30-minute consultation online
No obligation. No spam. We respond within 2 hours during business hours.
Not ready to call? Read: Emergency Child Custody in Georgia