Legal Question in Criminal Law in Georgia

How Does a Restraining Order Work In Georgia?

A Restraining Order is issued to protect individuals from various forms of violence, harrassment, and/or abuse. The orders are issued by a magistrate judge however a standing order to prevent harrassment can also be incorporated into preliminary orders after filing for divorce. Absent an emergency or exigent circumstances, Temporary Protective Orders (TPO) or Restraining Orders (e.g., Family Violence Protection Orders or Stalking Protective Orders in Georgia) are issued after a hearing where the Defendant had adequate notice and an opportunity to provide evidence for consideration by the court.

Because a retraining order operates to keep individuals subject to the order away from each other. It is binding on those parties. In your case, a third party allowed the individual around your children. I do not believe that alone would constitute a crime. However, the individual subject to the order violated the order of the court and he/she would be subject to sanctions by court, which could like include jail time.

I hope this answered your question. Feel free to obtain additional information at:

https://www.rousecolaw.com

Best regards,