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Consequences for violating a domestic violence protective order

| Mar 9, 2021 | Criminal defense |

The state of Georgia takes domestic violence seriously. If an individual accuses a spouse or family member of battery, assault, stalking, criminal damage or other violent act, he or she may get a judge to issue a family violence protective order.

If you are in possession of this order, it is important that you follow the orders outlined in the form because there are penalties associated with violating them.

Types of protective orders

According to The Clerks Authority, Georgia Superior Court Clerks’ Cooperative Authority, there are two types of family violence protective orders. The family violence ex parte is a temporary order for protection until there is a court hearing. Once there is a hearing, in which the judge listens to both you and your accuser, the judge may issue a family violence protective order. This order is in effect for up to one year, although the judge can extend it up to three years.

What the protective order outlines

According to FindLaw, both protective orders direct you to:

  • Restrain from any type of abuse or threats thereof
  • Refrain from following or contacting the petitioner
  • Restrain from interfering with the petitioner’s communication, travel or transportation

The judge may also order you to leave the family residence, provide alternate housing for the petitioner or to stay away from the child’s school, and the judge may award temporary child custody to the petitioner in the meantime.

Penalties for violating violence protective orders

Violating any of the terms of the family violence protective order can result in additional penalties. The judge may charge you with contempt of court, a misdemeanor or a felony. Penalties include a fine of $1,000 and jail time for up to one year.