Four Tips on Restraining Orders in Georgia and Alabama by Lawyer Mark Jones
1. When a Restraining Order or Injunctive Relief is Appropriate
Oftentimes, in civil cases — particularly family law and divorce cases–there are emergency situations where a party threatens the safety of a spouse, the children of the marriage, or the marital assets. In extraordinary situations where people or property are threatened, our civil justice system allows for ex parte (latin for “one party”) relief whereby the party can obtain a court order to preserve the status quo or protect the party.
2. Common Examples of the Use of Injunctive Relief & Restraining Orders
In family law cases, restraining orders or “instanters” are routinely used as an additional count in a divorce case to obtain an emergency order from a Superior Court Judge to protect parties from physical abuse, fleeing the jurisdiction with the parties’ children, or preventing the squandering or hiding or assets of the marital estate that are properly subject to equitable division by the Court.
3. Relevant Law, OCGA 9-11-65 and ARCP 65
- Specific facts show that irreparable harm will result to the applicant before the opposing party can be heard in opposition to the application;
- An attempt has been made by the applicant/applicant’s attorney to provide notice to the opposing party or that specific reasons support the non-provision of notice
The Court that grants the TRO will then issue notice of a hearing for the opposing party to be heard on the application for a restraining order. At that time, the Court may make the restraining order permanent or extend it until the trial of the case.
4. Non-Domestic Examples
In cases that do not involve family law situations, the main issue is preserving the status quo. For example, where a business partnership is dissolving or winding up, a partner might seek a restraining order to preserve the status quo while the dissolution of the partnership is litigated so that one party cannot squander assets of the partnership.
If you are in need of a civil or domestic restraining order in Georgia or Alabama, please contact Lawyer Mark Jones at 706-225-2555 for a free consultation regarding your legal matter.
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