Cobb Legal Aid explains how residents can seek protective orders in Cobb County

Charmaine Anwer, an attorney with Cobb Legal Aid, summarized how Cobb County residents can seek family violence, stalking, dating and employer protective orders and the remedies each type can provide.

Anwer said, "A protective order restrains the accused person from harassing, stalking, or threatening the physical safety of the person who filed the protective order." She described filing steps, evidence required, and how temporary (ex parte) orders move to a full hearing.

The presentation focused first on family violence protective orders, which Anwer identified by statute: "The family violence protective order is codified in OCGA section 19-13-1," she said. She explained that a petitioner may seek relief against a spouse, family member or household member and that a protective order can include remedies beyond no-contact restrictions. "It can also create other remedies such as creating a child custody order or some kind of financial support order as well," she said.

Anwer described the process: a petitioner files a verified petition (providing identification and information about the respondent and relationship), a judge may issue an ex parte order without the respondent present that is effective for 30 days, and a full evidentiary hearing must occur no later than 30 days after filing unless parties agree otherwise. At the full hearing, allegations must be proved by a preponderance of the evidence; insufficient evidence results in dismissal.

She said custody and visitation can be requested within a protective order and stressed the court applies the "best interest of the child" standard, looking at stability, safety and health. She noted that for children born out of wedlock in Georgia, the mother initially has sole physical and legal custody until a biological father completes legitimation.

Anwer listed other remedies that may be available in family-violence orders if requested in the petition, including possession of the home or vehicle, temporary financial support or payment of rent and utilities, exchange of personal property, counseling and attorney's fees.

On stalking protective orders, Anwer said no preexisting relationship is required. She summarized Georgia law defining stalking as a knowing and willful course of conduct that causes emotional distress or places unreasonable fear for safety and "serves no legitimate purpose." She noted that stalking protective orders can be based on a pattern of harassment or intimidation and do not require an overt threat of death or bodily injury.

Anwer described dating violence protective orders as similar to family violence orders but tailored to dating relationships — including current or recent relationships within the past six months or where a pregnancy resulted from the relationship. She said courts can require counseling or other educational programs for respondents as part of relief.

She also summarized employer protective orders under OCGA section 34-17: an employer may seek a temporary restraining order or injunction on behalf of an employee who has suffered unlawful violence or a credible threat at the workplace.

Anwer provided practical filing details for Cobb County: petitions for protective orders are filed in the magistrate court TPO office (she said, located on the fourth floor of the magistrate court in Cobb County), and petitioners generally must provide identification and specific evidence such as photos or witness information. She said LiveSafe Resources has legal advocates in Cobb who can assist preparing petitions and accompany clients to ex parte hearings.

She also gave intake and clinic information for low-income residents seeking assistance: Cobb Legal Aid offers a "lawyer in the law library" program with free 30-minute consultations every Monday through Wednesday from 9 a.m. to 4 p.m.; general intake and screening by phone occurs Monday through Thursday from 9 a.m. to noon; online intake is available for nonurgent matters. In an emergency, she instructed callers to call 911.

Anwer closed by listing local resources including LiveSafe Resources, Partnership Against Domestic Violence, the Cobb County Family Law Workshop, the Fulton Family Law Information Center and Cobb Legal Aid's law-library program.

Contact and next-step details Anwer provided (intake hours, law-library clinic schedule and the magistrate-court filing location) are procedural; she said petitioners must state specific remedies they seek in the verified petition for the court to consider them at the hearing.