Georgia > Local County > Gwinnett > Superior Court > Domestic Violence
Three Year Or Permanent Family Violence Protective Order MAG 60-24 - Georgia
| Three Year Or Permanent Family Violence Protective Order Form. This is a Georgia form and can be used in Domestic Violence Superior Court Gwinnett Local County . |
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Civil Action File No: ____________________________ ORI NUMBER:____________________ IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA _______________________________________ Petitioner v. _______________________________________ Respondent * * * * * * * * Civil Action File No: ____________________________ [ ] The clerk shall mail a copy of this order to Respondent at last known mailing address, or _________________________ _______________________________ THREE YEAR OR PERMANENT FAMILY VIOLENCE PROTECTIVE ORDER A hearing was held on this matter on _________________________, 20 ____, for which the Respondent had notice as required by law, and at which the Respondent appeared and/or had the opportunity to be heard and Petitioner requested that the Protective Order entered in this case be converted to a Permanent Family Violence Protective Order. This Court has determined that it had jurisdiction over the subject matter and the parties. Having heard the evidence presented, reviewed the Motion and entire record concerning this case and for good cause shown, IT IS HEREBY ORDERED AND ADJUDGED THAT: 1. 2. These proceedings be filed in the office of the Clerk of this Court. This Order applies to 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. 1-13-6 & 17-4-20 to enforce the terms of this order. This Order and the Order issued __________________________, 20 _____, shall be permanent pursuant to O.C.G.A. 19-13-4(C) and have NO expiration date. This Order shall be in effect for three (3) years and shall expire on ______________________, 20 _____. The Clerk of the Superior Court shall submit a copy of this order to the Protective Order Registry in the manner required by law. The clerk shall issue a copy of this Order to the Sheriff of Gwinnett County, Georgia and to the Gwinnett County Police Department, who shall each retain a copy for so long as this Order remains in effect. 4. [pco01] 3. OR 3.1. Respondent has violated the Family Violence Act, O.C.G.A.19-13-1 et.seq., by committing family violence has placed the Petitioner in reasonable fear for Petitioner=s safety, and represents a credible threat to the physical safety of Petitioner and/or Petitioner=s child/ren. Respondent is hereby restrained and enjoined from doing, or attempting to do, or threatening to do, any act of injury, maltreating, molesting, following, harassing, harming, abusing or stalking the Petitioner and the Petitioner=s minor child(ren), if any. Respondent is not to interfere with Petitioner=s travel, transportation or communication. The Respondent shall not follow, place under surveillance, or contact the Petitioner at any place for the purpose of harassing and intimidating the Petitioner. 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 UCS, Chapter 110-A/Domestic Violence, Sections 2261-2266. FV 3 Year or Permanent Protective Order Page 1 of 8 Q:\MAGFORMS\MAG 60-24 July 05 American LegalNet, Inc. www.FormsWorkflow.com Civil Action File No: ____________________________ 5. [pco02] Respondent is enjoined and restrained from doing or attempting to do, or threatening to do, any act of injury, maltreating, molesting, harassing, harming or abusing the Petitioner=s family or household. 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 received reasonable notice and had the opportunity to be heard before this order was issued sufficient to protect the Respondent=s 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 shall be enforced as if an Order of the enforcing state, tribe or local jurisdiction and by any appropriate law enforcement official or court of any State pursuant to 18 U.S.C.A. ' 2265. 6. ONLY THE FOLLOWING PROVISIONS APPLY THAT ARE INITIALED BY THE JUDGE _____ 7. [pco04] Respondent is ordered to stay away from Petitioner=s residence, workplace & school and any subsequent residence, workplace, school and the residence of Petitioner=s, or of the minor children for whom custody is awarded to Petitioner; Said residence is: _____________________________________________________________________ Petitioner=s current workplace is: _________________________________________ The current school(s) is/are: _____________________________________________ _____ 8. [pco01,04] Respondent is restrained and enjoined from approaching within _________ yards of Petitioner and/or Petitioner's minor children. Respondent is ordered to not have any contact, direct or indirect or through another person with Petitioner by telephone, pager, fax, e-mail or any other means of communication except as specified in this Order; and excepting any attorney representing Petitioner. Petitioner is awarded temporary custody of the minor child/ren, namely: ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ DOB ___________ DOB ___________ DOB ___________ DOB ___________ DOB ___________ Sex _____ Sex _____ Sex _____ Sex _____ Sex _____ _____ 9. [pco05] _____ 10. [pco09] Respondent is ordered not to interfere with the physical custody of the minor child/ren. _____ [pco06] Initial here ONLY if Respondent is awarded temporary custody of the minor child/ren, namely: ____________________________________ ____________________________________ ____________________________________ ____________________________________ DOB ___________ DOB ___________ DOB ___________ DOB ___________ Sex _____ Sex _____ Sex _____ Sex _____ FV 3 Year or Permanent Protective Order Page 2 of 8 Q:\MAGFORMS\MAG 60-24 July 05 American LegalNet, Inc. www.FormsWorkflow.com Civil Action File No: ____________________________ _____ 11. [] CHILD SU
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