Legal Question in Family Law in Georgia

Denied Temporary Protective Order: Can I Appeal?

I filed for a temporary protective order based on stalking concerns and was denied. What recourse do I have?

Basically, the ex has sole legal and physical, with me having supervised visitation and deviations outside of the area of supervision approved by guardian ad litem.

However the ex and his mother both repeatedly confront me about my whereabouts, even after being told to stop. Guardian denies speaking to them about my whereabouts, and specifics of where I take my son are never on social media. That leaves stalking, and what they're doing, even without physical proof, meets the legal definition. But the judge didn't find it concerning. (Coincidentally the same one who made the very biased custody decision). The ex and his family have assaulted me in the past, and I'm scared to the point I'm always looking over my shoulder and have a taser if they decide to escalate and attack me. What can I do, short of waiting until I actually get multiple pictures of the stalking?


Asked on 7/10/17, 9:48 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Once you lose a case it's a bit late. (In other words, hire the lawyer before rather than after). Potentially, a decision can be appealed for legal error for 30 days. Appeals are very expensive and you need counsel. Remember that differences over fact,and that is what you're arguing,will not get reversed on appeal.

Since stalking is a crime, if you feel/felt you had evidence, the normal best course is probably NOT the TPO. Trying to get a criminal warrant would have made sense. And a successful criminal charge would have enhanced the chances for a TPO.

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Answered on 7/10/17, 2:13 pm


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