Legal Question in Criminal Law in Georgia

my ex girlfriend/partner has filed a tpo and stalking charge on me ,what possible penalty should i expect ,even though the charges were unfounded,what should i do plead ,sign no voilence just bad blood her niehbor informed me of her infedelity in our relationship,claimed we broke up in nov2009, have refuted evidence,she has lied on statement of tpo


Asked on 3/22/10, 6:19 pm

1 Answer from Attorneys

Douglas Rohan Castan & Lecca, PC

The TPO is a civil process, not criminal. The order right now is temporary, and you will be scheduled to decide whether it will be extended for 12 months. There is no penalty unless you violate the TPO. That could be jail time. A hearing on the tpo is based on the preponderance of the evidence (50% +) as opposed to a criminal case where the standard is beyond a reasonable doubt. That means that you might have evidence that she was lying, but it will be your word versus hers and the judge will decide who he believes.

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Answered on 3/27/10, 6:25 pm


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