Decatur, GA asked in Family Law and Domestic Violence for Georgia

Q: I believe my ex may have gotten a TPO but I haven’t been served. Can I be arrested for calling her if I didn’t know

I was unaware of the TPO but the sherif showed up at my home while I was at work and apparently had riot shields and guns drawn which seems like a lot to just serve a TPO. They didn’t enter my home or leave any paperwork.

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2 Lawyer Answers
Alake Colwell Furlow
Alake Colwell Furlow
Answered
  • Dacula, GA
  • Licensed in Georgia

A: Why would you even attempt to contact someone who may have taken out an order of protection against you? I would suggest leaving that person alone.

Joshua Schiffer agrees with this answer

Joshua Schiffer
Joshua Schiffer
Answered
  • Domestic Violence Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: I tend to agree with my colleague above. If there is a question as whether someone tried to use State Power to control your behavior, I stay away.

Fighting service is generally not a great idea, although if they do not serve you within a period of time the application can become stale and subject to dismissal.

I would keep a head on your shoulder and be ready, if there is a TPO there may be associated criminal charges as well

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