Violating a protective order is considered a serious offense in Georgia that can lead to severe legal consequences and penalties. If you violate your restraining order, you can expect to face criminal charges, fines, imprisonment, and more. It is important that you are adequately represented during this time to ensure your rights and legal options are protected. To secure skilled legal advice, reach out to a Cobb County criminal lawyer today.

What is a Restraining Order?

A restraining order, formally referred to as a protective order, is a legal order issued by the court to protect an individual from harassment, abuse, and threats from another person. The document requires that the respondent (the restrained person) abide by certain terms, like staying away from the protected person, refraining from contacting them, and more.

There are three types of restraining orders issued by Georgia courts: family violence protective orders, stalking protective orders, and employer protective orders.

  • Family violence protective order: Issued in cases of domestic violence and designed to protect individuals from spouses, former spouses, family members, or other household members who have committed or threatened violence
  • Stalking protective order: Issued to victims of stalking and designed to protect individuals from people who have followed, surveilled, communicated with, or threatened the safety of the victim
  • Employer protective order: Issued to employees who have been victims of workplace harassment or violence

Any of these orders can require the respondent to refrain from contacting you in any way, coming within a certain distance of you, your home, work, or school, owning or using firearms, stalking you, and more. They can also be forced to leave your home, and you can be granted temporary custody of any shared children.

What Happens if You Violate a Restraining Order in GA?

Violating a restraining order in Georgia is considered a serious criminal offense that can result in significant consequences. According to the Official Code of Georgia Annotated § 19-13-6(b), a person who violates an order of protection can be punished by an action for contempt.

Violating a protective order is considered a misdemeanor and is punishable by up to 12 months in jail and a fine of up to $1,000. However, if the offense involves physical harm, threats of physical harm, the use of a weapon, or another crime like aggravated stalking or assault, a violation can result in a felony charge. Felony charges will carry much harsher penalties, potentially up to 10 years in prison and fines of up to $10,000.

The actual penalties you incur for violating a restraining order will vary widely depending on the specific circumstances of the offense. For more information and to obtain experienced legal representation, reach out to a knowledgeable attorney today.