Successfully presenting defenses to a petition for temporary protective order (“TPO”) is a way to win a TPO hearing in Georgia. You need to be familiar with the Georgia TPO law in order to present your defenses to a petition for TPO.
How to fight a TPO in Ga
How to fight a TPO in Ga depends on the circumstances. The following paragraphs explain some of the defenses to a petition for TPO in Georgia.
Defenses to Petition for Temporary Protective Order: Is a full TPO hearing held within 30 days after the filing of the TPO petition?
A hearing where the petitioner must prove his or her allegations against the respondent must occur within 30 days after the filing of the petition for TPO. If not, the TPO petition must generally be dismissed, unless both parties agree otherwise. O.C.G.A. § 19-13-3(c).
However, if a party is avoiding service to delay the hearing, the court may delay dismissal of the TPO petition for an extra 30 days. O.C.G.A. § 19-13-3(e).
Defenses to Petition for Temporary Protective Order: Did the petitioner prove his or her allegations satisfactorily?
The petitioner must prove his or her allegations satisfactorily as in other civil actions. That is, the petitioner must prove the allegations in his or her petition for TPO by a preponderance of the evidence. The petitioner’s failure to do this may be one of the the defenses to petition for temporary protective order.
Further, the respondent has a right to cross-examine the petitioner at the TPO hearing. Jha v. Menkee, 833 S.E.2d 759 (Ga. App. 2019).
Thus, if the petitioner filed to get a false temporary protective order in Georgia, the respondent should be able to point to a lack of valid grounds for the TPO at the hearing.
Could the respondent raise a claim against the petitioner?
The respondent could raise a claim against the petitioner and may file a counter-petition against the petitioner. The verified counter-petition, if any, must be filed no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing.
Could the parties settle the TPO case by agreement?
The parties may work something out and reach an agreement or agree to a mutual TPO. O.C.G.A. § 19-13-4(a).
For a free consultation, contact Georgia divorce attorney.