Temporary Protective Order

How to apply for a Temporary Protective Order (TPO)

For purposes of filing a TPO Petition 

• The Petitioner is the person who is seeking a Protective Order.
• The Respondent is the person whom the petition is filed against.

STEP 1:

“Do I qualify for a Family Violence Ex Parte Protective Order?” 

• The Respondent must live in Clayton County in order to file a TPO in Clayton County;
• A person must be at least 18 years old to apply for a TPO;
• The person that you are filing against must be at least 18 years of age;
• THE PETITIONER MUST HAVE AN ACCURATE AND COMPLETE ADDRESS FOR THE RESPONDENT;
• The Petitioner and the Respondent must have one or more of the following family relationships:

1. Past or Present Spouses
2. Parents of the same children
3. Parents and Children
4. Step-parents and Step-Children
5. Foster parent and foster children
6. Persons who currently live in the same household
7. Persons who used to live in the same household

And

Petitioner must prove violence has taken place by showing that the following has occurred:

1. Any Felony or
2. Commission of offenses of battery, simple battery, simple assault, assault. Stalking, criminal damage to property, unlawful restraint, or criminal trespass

OR

“Do I qualify for a Stalking Ex Parte Protective Order?”

• The Respondent must live in Clayton County in order to file a TPO in Clayton County;
• A person must be at least 18 years old to apply for a TPO;
• The person that you are filing against must be at least 18 years of age;
• THE PETITIONER MUST HAVE AN ACCURATE AND COMPLETE ADDRESS FOR THE RESPONDENT.
• There must have been incidents of Stalking. Stalking occurs when a person follows, places under surveillance, or contacts another person without that person’s consent for purposes of harassment and intimidation. One Act alone generally does not constitute “Stalking”.

IF YOU QUALIFY for a Family Violence Protective Order OR a Stalking Protective Order, go to Step 2.

STEP 2: Complete the Petition for Family Violence Ex Parte Protective Order CLICK HERE OR Petition for Stalking Ex Parte Protective Order CLICK HERE.

To submit the completed the Petition:

• IN PERSON:  If you do NOT have access to a printer, you may complete your petition IN PERSON at the Juvenile Justice Center Intake room.  Someone will be available from 8:00 a.m. – 4:00by scheduling a 30-minute appointment.

STEP 3:

• Bring a valid picture ID, along with any supporting documents, such as police reports, screen shots of text messages, pictures of injuries, related emails, etc. with you to your appointment.

• Please arrive 10 minutes PRIOR to your appointment and wear a mask.

STEP 4: IF you have children with the other party that are under the age of 18, and you do NOT have a current child support order, you MUST complete a Financial Affidavit. CLICK HERE

Note: If you miss your appointment, you will have to start the process over.

“For legal help, you can contact the Clayton Family Advocacy Office, staffed by Atlanta Legal Aid Society (“Legal Aid”). Legal Aid provides a free, one-time attorney consultation to those who qualify. Legal Aid attorneys also provide representation and ongoing advice in certain situations.”