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.

You have two ways to complete the Petition:

• Option 1 (ONLINE):  If you have access to a printer AND a scanner, you may fill out the Petition online and scan back to the Victim Advocate, Ms. Kim Belechor TPO.Magistrate@claytoncountyga.gov for review.
  • After your petition has been reviewed, the Victim Advocate will tell you how to get your Petition notarized.
  • Once your petition has been notarized, scan it back to Ms. Belechor, along with your completed Financial Affidavit (IF APPLICABLE – see Step 4 below) and any supporting documents, such as police reports, screen shots of text messages, pictures of injuries, related emails, etc.  She will then forward it to a Judge to either grant an ex parte order or dismiss the Petition.
  • ALL TPO PETITIONS SUBMITTED BY 3PM SHALL BE REVIEWED THE SAME DAY.  ALL TPO PETITIONS SUBMITTED AFTER 3PM SHALL BE REVIEWED THE NEXT BUSINESS DAY.
  • If the ex parte order is granted, the Petitioner will receive a copy of the court date and time via email.

OR

• Option 2 (IN PERSON):  If you do NOT have access to a printer AND scanner, you may complete your petition IN PERSON by scheduling a 30 minute appointment.

STEP 3: CLICK HERE to schedule an appointment at the courthouse with Victim Advocate Ms. Kim Belechor (404) 556-6983.

• 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.”

If you are a victim of Family Violence and are in need of safe emergency shelter and comprehensive service, please call Securus House at Crisis Line (770) 961-7233 (SAFE) or Administrative Line (770) 960-7153.