When someone violates a protective order in Georgia, they could be facing serious penalties, such as being charged with aggravated stalking or going to jail. It is important for a person to understand and abide by the provisions outlined in a protective order in Georgia because they could be arrested, put in jail without a bond, and face a felony charge. To best understand what to do in the case of a violation of a protective order in Georgia, a person needs to contact an attorney experienced with protective order cases who can assist them moving forward.
Penalties For a Violation
The main penalty for violation of a protective order in Georgia is jail time. If they violate a condition of a bond, or a condition of a temporary protective order, they get no less than one but no more than 10 years in jail. A person could get up to 10 years in prison and a fine of not more than $10,000.
A person who requested the protective order can contact the court and the judge may issue an arrest warrant for the person they have the order against if they think they have violated it. If they are being charged with something like this, it can be difficult to defend against, because proving that a person was not there can be difficult. The person may want to keep logs on where they are and what is going on in their day to day, as someone may make false claims intentionally.
If a judge finds that a person did violate the protective order in Georgia, that person will sit in jail without a bond for an aggravated stalking charge. They can sit in jail for several weeks or get the bond granted.
Committing Another Crime
If a person commits an additional crime and faces a charge like a DUI, their protective order may have nothing to do with it. Committing another crime and being charged is significant when it is related to the case. If it is not related, it is treated separately, one has nothing to do with the other. If the person who issued the order got injured during that time, or there was actual proof that there were some physical injuries, that would serve as an aggravating factor for the violation of the protective order and would be a problem.
Contacting an Attorney
Someone who has been accused of violating a restraining order in Georgia should contact an attorney, because they are going to be charged for aggravation. Essentially, if the person makes a claim that this happened to them, the police are going to treat it seriously. A person is innocent until proven guilty, but they better have good evidence backing them up in case of a violation.