Legal Question in Criminal Law in Georgia

Can I get an order of protection if the defendent evades being served. I am scared he may kill me as he has threated before. He is crazy

Asked on 8/24/13, 11:24 am

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

You can apply for and get a temporary protective order without serving the other party first. If a Judge is convinced that you have made a case for one, he can issue it and then set a time for a hearing for the other party to be heard. If he evades service, he can't come to court to argue for the order to be removed. Your local D.A.'s office has the forms to fill out, and often has an advocate on staff to help you with the process. You also need to know that the order just provides that he can be arrested if he comes near you, but it is not a force field. If you feel that he is crazy enough to come near you even with the order in place, you need to take extra steps to protect yourself.

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Answered on 8/28/13, 1:51 pm

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