Temporary Protective Order Attorney Athens

Defending Your TPO in the Western Judicial Circuit

A TPO can be filed against you with little more than one person’s claims. Once a Superior Court judge signs the ex parte order, you are bound by it the moment it is served. No contact. No shared home. No firearms.

Most people do not realize how quickly it moves. By the time you read the order, your hearing date is already set, and the case against you is being prepared. Contact after you are served can be charged as aggravated stalking under O.C.G.A. § 16-5-91 if it violates the order. That is a felony carrying 1 to 10 years in prison. 

A granted TPO can also surface in your custody disputes, in student conduct proceedings in a school like the University of Georgia (UGA), and on your background checks for years afterward.

Swingle Levin LLC builds your defense before the hearing, not at it. We review the claims against you for legal and factual gaps. We identify court mistakes and prepare the cross-examination that pulls those claims apart. Where it makes sense, we file a counter-petition within the statutory window.

Why Choose Swingle Levin LLC For TPO Defense in Athens-Clarke County

TPO hearings are won on preparation and credibility, not volume. The judge has minutes, not hours, to decide whether the order against you stands. The attorney next to you needs to know the courtroom, the statute, and how to dismantle the case under pressure.

Attorneys With Trial and Appellate Records in Georgia

Adam Levin has argued before the Georgia Supreme Court and the Georgia Court of Appeals in cases including  Santos v. State, Cabrera v. State, Gable v. State, and Price v. State. His appellate work includes reversals of methamphetamine trafficking and burglary convictions, and a Georgia Supreme Court ruling that struck down the state’s sex offender registration statute as applied to homeless individuals.

Ryan J. Swingle is a trial lawyer with full acquittals on armed robbery, statutory rape allegations, police officer assault, and felony forgery charges. He has won motions to suppress that ended drug trafficking prosecutions. He has also persuaded prosecutors to close serious cases before charges were filed. Charlie McKeown rounds out the team with focused criminal defense work across the local courts. Together, the firm brings appellate-level legal analysis into your TPO hearing.

How That Experience Shows Up in Your Case

Our courtroom experience translates directly into how we prepare your case. You get a defense built around three things:

• Hearing-ready preparation. We rehearse your testimony, anticipate what you will face on the stand, and practice cross-examination so you walk in ready for the courtroom.
• Local courtroom familiarity. We appear in front of Athens-area judges regularly and understand how the local Clerk’s office handles petitions and ex parte orders.
• Defense beyond the order. A TPO can lead to criminal charges, university conduct proceedings, and lasting marks on your record. We defend the order in front of you and stay ready for what may come after it.

Cases We Handle Around Your TPO

A protective order rarely sits alone. Our attorneys also handle the related charges that frequently follow a TPO. These include:

• Aggravated stalking
• Domestic violence
• Assault and battery
• Criminal trespass
• University misconduct

Beyond TPO matters, the firm represents clients across serious felony defense, including drug trafficking, gang cases, murder, robbery, and sex offenses.

Meet the attorneys behind our defense work and learn how we approach protecting your rights at every stage.

Your TPO Process From Petition To Hearing

Every TPO case in Georgia follows the same procedural path. Knowing what is coming at each stage is the difference between defending the order and missing it.

Step 1: The Petition Is Filed Against You

Whoever filed against you takes the petition to the local Clerk of Superior Court. The petition has to claim specific acts of family violence or seek a stalking protective order under O.C.G.A. § 16-5-90. A Superior Court judge reviews it the same day or the next business day.

Step 2: The Ex Parte Order

If the judge believes immediate protection is needed, the ex parte order will be issued without your knowledge. It takes effect when law enforcement serves you with the paperwork. From that moment, every restriction in the order is binding on you.

Step 3: Service and the No-Contact Window

After you are served, you cannot contact whoever filed against you. Not by phone, text, social media, or third party. Any contact during this window can be charged as aggravated stalking. That is a felony, and you can be held in custody until a bond hearing.

Step 4: The Full Hearing

Georgia law requires your full hearing within 10 days of the petition, where practical, and no later than 30 days. It takes place in the Western Judicial Circuit Superior Court. Both sides present testimony and evidence. The case against you must show that family violence or stalking has occurred and is likely to continue.

This is where your case is decided. With counsel, you can:

• Challenge specific claims with documents, messages, and witnesses
• Cross-examine on inconsistencies or exaggerations
• Argue the absence of a future threat where there has been no recent contact
• File a counter-petition where mutual conduct supports it

If you do not appear, the order is likely to be granted in your absence.

Step 5: The Ruling

The judge usually rules from the bench. A granted TPO under O.C.G.A. § 19-13-4 can last up to 12 months. It may include any of the following against you:

• An order to refrain from contact, harassment, or interference
• Exclusion from a shared residence, even if you own it
• Temporary custody and visitation arrangements for any minor children
• Child support and spousal support orders
• Forfeiture of your firearms for the duration of the order
• Mandatory psychiatric or psychological evaluation
• Payment of attorney’s fees to the other party

Step 6: After the Order

A TPO entered against you can be modified, extended, or appealed, and any TPO violation in Georgia is treated seriously by the courts. Violations can be prosecuted as aggravated stalking or as contempt of court, depending on the conduct, and separate contacts may be charged as separate counts. If the order expires, you may petition for early termination depending on your situation.