What is Stalking?
Pursuant to O.C.G.A. 16-5-90, “A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing, and intimidating the other person.”
Note: It is not necessary for the parties to have lived together to obtain a TPO for stalking.
What is Family Violence?
Pursuant to the Official Code of Georgia Annotated (O.C.G.A.) 19-13-1, “Family Violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.
- Any felony
- Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
Legal Criteria
Pursuant to O.C.G.A. 19-13-3, “Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence.”