Protective Orders

Temporary Filing Process for TPOs

Please follow the steps below to file for a Temporary Protective Order. Although the Clerk of Superior Court's physical office is now open to the public, the Women's Resource Center Advocates are not on site at this time. They are still providing socially distant assistance for filing for TPOs. An email account and phone number are required for the process below:

1. FIRST: Contact the Women's Resource Center (404-370-7670) for guidance on completing the paperwork;

2. Complete all paperwork included for the TPO (see 'Required Documents' below). Make sure all documents are signed with a digital signature (example...Jane Doe would sign as /s/Jane Doe);

3. Save the completed documents. If you have any supporting documentation, save or scan those as well;

4. Email all documents to cscinfotpo@dekalbcountyga.gov. There should be a minimum of 9 documents (see 'Required Documents' below) that you have completed and attached to the email. In the subject line, type 'Request for TPO';

5. Keep checking your email and keep your phone nearby. If there are any corrections required for the TPO paperwork, the Clerk's Office will be contacting you to fix and resubmit. If no corrections are needed, the Magistrate TPO Office will be contacting you to set up a phone or video chat to review your petition (have a valid ID available to show the Judge). You DO NOT have a Temporary Protective Order (TPO) until you have a hearing with a judge who will then determine if a TPO will be granted. Hearings are held from 10:00AM - 2:00PM, Monday through Friday. If your petition is filed after 2pm, your hearing will be set for the next business day. Petitions are dismissed after two (2) business days when Petitioners fail to respond to the judge’s hearing request.

6. If you are granted a Temporary Protective Order, please review this important information regarding the TPO Hearing. If you were granted a TPO and a hearing is scheduled before July 13, 2020, review the Standing Order Governing Ex-Parte Temporary Protective Orders Set to Expire Before July 13, 2020. You can also call 404-371-4753 for any additional updates.

Please be advised that your safety may be compromised if someone else has access to your email account. Contact the Women's Resource Center (404-370-7670).

Family Violence TPO

Family Violence TPOs are between family members or parties that have lived or are currently living together. The following criteria are necessary for a Family Violence TPO:

1. The other party must live in DeKalb County in order to file the TPO

in DeKalb County. If the other party lives in another county, you

must contact the appropriate agency and Court where the other

party resides;

2. You must have the other party’s complete address;

3. You must be: present or past spouses; parent of the same child/ren;

parent and child/ren; persons who used to live in the same

household; persons currently living in the same household; foster

parent and foster child; stepparent and stepchild. If none of these

apply to your situation, use the Stalking TPO paperwork;

4. There must have been an incident of violence, threats against your

life, criminal damage to your property, unlawful restraint, criminal

trespass or incidents of stalking;

5. You must be 18 years of age or have someone who is 18 years of

age or older to file the petition on your behalf;

6. The person you are filing against must be 18 years of age or older.

Required Family TPO documents (print or open links below):

Petition

Confidential Information Form (Petition)

Verification

Ex Parte Order

Confidential Information Form (Ex Parte)

Case Initiation

Sheriff's Entry of Service

Sheriff's Information Sheet

Sheriff's Instruction Sheet

Additional Required Information:

Full Name, address, gender, and race for the other party
Valid picture ID (Driver’s License, Passport, etc.) to present to Judge
Optional: supporting documentation (such as police reports, screenshots, etc.); other party information (date of birth, social security number, tag number, etc.)

Stalking TPO

Stalking TPOs cover anyone who does not qualify for the Family TPO (meaning, the parties are not family members and have never lived together). The following criteria are necessary for a Stalking TPO:

1. The other party must live in DeKalb County in order to file the TPO

in DeKalb County. If the other party lives in another county, you

must contact the appropriate agency and Court where the other

party resides;

2. You must have the other party’s complete address;

3. There must have been incidents of stalking. Stalking occurs when

a person follows, places under surveillance, or contacts another

person without that person’s consent for purposes of harassment

and intimidation. One act alone generally does not constitute

stalking;

4. You must be 18 years of age or have someone who is 18 to file the

petition on your behalf;

5. The person you are filing against must be 18 years of age or older.

Required Stalking TPO documents (print or open links below):

Petition

Confidential Information Form (Petition)

Verification

Ex Parte Order

Confidential Information Form (Ex Parte)

Case Initiation

Sheriff's Entry of Service

Sheriff's Information Sheet

Sheriff's Instruction Sheet

Additional Required Information:

Full Name, address, gender, and race for the other party
Valid picture ID (Driver’s License, Passport, etc.) to present to Judge
Optional: supporting documentation (such as police reports, screenshots, etc.); other party information (date of birth, social security number, tag number, etc.)

What is a Temporary Protective Order and how can it provide relief for you?

A Temporary Protective Order is issued when the Court finds that an act of family violence or stalking has occurred between parties and there is a likelihood that future acts of violence will occur. Examples of family violence/stalking include physical, mental, and verbal abuse.

TPOs provide relief in several ways:

1. Order the party to have no contact with you in person, by phone, at

work, or anywhere (children and others that live with you may be included as protected parties);

2. Evict the other party from the family home;

3. Award temporary custody of minor children, child support, or

visitation arrangements;

4. Award spousal support;

5. Order law enforcement to assist when the other party retrieves

belongings from the home; and/or

6. Remove firearms from other party.

All TPOs are filed against one (1) party. If you have issues with multiple parties, a TPO will need to be filed for each party. There is no cost to file a TPO.

Please carefully read and follow the guidelines below:

Make sure the paperwork is legible;
If filing the TPO, you are the Petitioner/Plaintiff...the other party will be the Respondent/Defendant;
If the Respondent lives in Georgia, you must file in the county where they live; if the Respondent lives out of state, you must file in the county in which you reside;
Include full birthdates (month, day, year) when possible;
For Family TPOs, make sure to select the type of relationship that exists (used to live together, currently live together, spouse, etc.);
Provide the most recent incident date as an exact date (for example, March 1, 2020, not just March);
Read through the Petition carefully; fill out all appropriate spaces and check all appropriate areas; completing the Petition the first time will prevent extending the time involved;
Complete the ‘Respondent’s Identifying Fact Sheet’ (last page for both the Petition and Ex Parte); include any protected parties (this would include yourself and potentially anyone that currently lives with you).

Protective Orders

PLEASE CONTACT 911 IF YOU ARE IN IMMEDIATE DANGER