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Family Violence Ex Parte Protective Order MAG 60-08 - Georgia

Family Violence Ex Parte Protective Order Form. This is a Georgia form and can be used in Domestic Violence Superior Court Gwinnett Local County .
 Fillable pdf Last Modified 10/30/2007
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ORI NUMBER:____________________ IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA ___________________________________ * Civil Action File No: Petitioner * * ____________________________ v. * * * ___________________________________ * Respondent * FAMILY VIOLENCE EX PARTE PROTECTIVE ORDER The petition having come on for an ex parte hearing, pursuant to O.C.G.A. 19-13-1 et.seq. that a Protective Order be issued; petitioner alleged that Respondent has committed acts of Family Violence and thatPetitioner is in reasonable fear of the Petitioners safety (and the safety of Petitioners child(ren), and the Courthaving read and considered the petition and having heard the sworn testimony of the Plaintiff, the Court findsprobable cause exists that family violence has occurred in the past and may occur in the future. IT IS HEREBYORDERED AND ADJUDGED THAT: 1. These proceedings be filed in the office of the Clerk of this Court. 2. This Order applies in every county throughout the state of Georgia and it shall be the duty of every court and every law enforcement official to enforce and carry out the provisions of this order pursuant to O.C.G.A. 19-13-4(d). Law Enforcement officers may use their arrest powers pursuant to O.C.G.A. 19-13-6 & 17-4-20 to enforce the terms of this order. 3. A copy of this order be given to law enforcement and the Respondent be served with a copy of this Order the Petition for Temporary Protective Order instanter. 4. The Petitioner and Respondent named herein shall appear before the Superior Court of Gwinnett County, on the ______day of _____________________________ 20_____, at ________oclock ____.m. at the Gwinnett Justice & Administration Center, 75 Langley Drive, Lawrenceville, Georgia, Courtroom _______, to show cause why the demands of the Petitioner should or should not be granted. (Absent a consent agreement, the Court ordinarily will not enter a mutual protective order on issues connected with O.C.G.A. 19-13- 4(a)(1), (a)(2), (a)(5), (a)(9) or (a)(11), or any combination thereof, unless the Respondent has filed a verified petition as a counter-petition pursuant to O.C.G.A. 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions of O.C.G.A. 19-13-3 have been satisfied.) 5. Respondent is hereby restrained and enjo ined from doing, or attempting to do, or [pco01] threatening to do, any act of injury, maltreating, molesting, following, harassing, harming, abusing or stalking the Petitioner and the Petitioners minor child(ren), if any. Respondent is not to interfere with Petitioners tr avel, transportation or communication. The Respondent shall not follow, place under surveillance, or contact the Plaintiff at any place for the purpose of harassing and intimidating the Plaintiff. Any violation of this order may be considered a violation of O.C.G.A. 16-5-90 and may subject the Respondent to prosecution for Aggravated Stalking, in violation of O.C.G.A. 16-5-91, a felony; and Federal Law, Title 18 U.C.S., Chapter 110-A/Domestic Violence, Sections 2261-2266. 6. Respondent is enjoined and restrained from doing or threatening to do any act of injury, Family Violence Ex Parte Protective Order Page 1 of 5 MAG 60-08 June 02<<<<<<<<<********>>>>>>>>>>>>> 2 Civil Action File No: ____________________________[pco02] maltreating, molesting, harassing, harming or abusing the Petitioners family or household.7. This Court has determined that it had jurisdiction over the parties and the subject matter under the laws of this state of Georgia and the Court ordered that the Respondent be given reasonable notice and opportunity to be heard sufficient to protect the Respondents due process rights. This order shall be presumed to be valid and pursuant to 18 U.S.C. 2265(a) shall be accorded FULL FAITH AND CREDIT by any other state, tribe or local jurisdiction as if an Order of the enforcing state, tribe or jurisdiction. The Petitioner has validly filed this Family Violence Ex Parte Protective Order; therefore, this Order is legally enforceable by any appropriate law enforcement official or court of any State pursuant to 18 U.S.C.A. 2265. ONLY THE FOLLOWING PROVISIONS APPLY THAT ARE INITIALED BY THE JUDGE _____ 8. Petitioner is awarded sole and exclusive use and possession of the (family) residence [pco03] located at: ____________________________________________________________ _____ 9. Respondent is ordered to leave the above listed (family) residence immediately . The members of the Gwinnett County Sheriffs office or any other duly authorized law enforcement officer are ordered to: [ ] Assist the Petitioner in returning to this residence; [ ] Remove and evict the Respondent from this residence, together with Respondents clothing, personal effects, prescription medication, and tools of his or her trade or profession; [ ] Require Respondent to surrender to law enforcement any and all keys, garage door openers and other security devices to the (family) residence and to insure that these items are delivered to Petitioner. [ ] Effectuate the custody placement of the minor children as set forth herein; [ ] Assist the Petitioner in removing from the residence the Petitioners clothing and personal effects, together with those of Petitioners children, if any. _____ 10. Respondent is ordered to provide suitable alternate housing for the Petitioner and/or Petitioners children by this date: _____________________________________. _____ 11. Petitioners address is ordered to be kept confidential. _____ 12. Respondent is ordered to stay away from : (1) Petitioners residence, workplace & school [pco04] and any subsequent residence, workplace, school of Petitioner; (2) the residence, workplace & school, and any subsequent residence, workplace, school of the minor children whose custody is awarded to Petitioner; Said residence is listed as: [ ] the address as listed in # 8, herein above; _______________________________________________________________________ Petitioners current workplace is: ___________________________________________ The current school(s) is/are: _______________________________________________ _____ 13. Until further order of this Court, Respondent is restrained and enjoined from approaching [pco1,04] within ______ yards of Petitioner and/or the minor children of the Petitioner. _____ 14. Respondent is ordered to not have any c ontact, direct or indirect or through anotherFamily Violence Ex Parte Protective
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