In the state of Georgia, a purported victim of stalking or harassment can file for a restraining order against an accused offender. A criminal defense attorney will attest that a temporary protective order, or TPO, is not technically a criminal case, nor will it appear on a subject's criminal record unless an actual crime is committed, such as violating the terms of the order. Safety is of the utmost importance—below are answers to frequently asked questions about TPOs for stalking and harassment as well as the role a criminal defense attorney can play in obtaining one. 

Answers to Commonly Asked Questions About Stalking & Harassment TPOs

Legally speaking, what is stalking, and is it different from harassment?

Stalking is considered criminal harassment. It is a repeated pattern of harassing or intimidating behavior and can involve any number of threatening actions. Among them:

• Following a targeted victim
• Placing a targeted victim under surveillance
• Repeatedly contacting a targeted victim
• Any repeated behavior that causes a targeted victim or their immediate family to feel unsafe
• Threatening a targeted victim in any manner, though a specific threat need not be made for a stalking or harassment TPO to be filed

How do I get a stalking protective order?

In Georgia, a TPO specifically for stalking or harassment is called a stalking protective order. To obtain one, go to the courthouse in the county where the stalker resides, and the clerk will give you the appropriate paperwork to fill out. It's important to understand that a stalking protective order is a civil action, not a criminal one, and initiating such an order will not result in the stalker's arrest. Unless, of course, they commit a crime—and violating a stalking protective order is indeed a crime.

I don't know where my stalker lives. Can I still get a TPO?

Yes, you can still get a stalking protective order without the subject's home address. If you know where they work, go to school, or spend their leisure time, this is often all that is necessary to serve them. Be as detailed as possible when giving information to the courts and the sheriff's department.

How long is a stalking protective order effective?

The initial order is good for 30 days or until the date of the hearing, whichever comes first. If, after this time, there are sufficient grounds for a longer protective order, you can file for a 12-month order. This can be extended, too, for up to three years if necessary.

How can an attorney help?

A lawyer will help you explore your legal options and obtain the necessary protective orders to protect you against stalking or harassment. This includes filling out the required paperwork and finding appropriate ways to safeguard yourself and your loved ones. If you have been unjustly accused as a stalker in a TPO, a criminal defense attorney will ensure you understand your rights and have adequate representation at hearings and trials.

Criminal defense attorney Jerry F. Lee Attorney at Law is here to help, whether you are the victim in a stalking case or have been falsely accused. For nearly 40 years, he has been representing White County, GA, as a criminal defense, family and child custody law, and personal injury attorney. Call (706) 219-2460 or visit his website to schedule a consultation today to discuss your safety.