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GA Grant of Protective Order Pursuant to Family Violence Act

Posted Jan.19, 2010 by Cynthia J. Remboldt, Esq., under Divorce, Temporary Protective Order (TPO)

 Stalking, TPO

GA grants family violence protective order against appellant restraining her from communicating with her ex-husband or coming within 100 yards of him, except to drop off or pick up their minor child, AFFIRMED; appellant visited her ex-husband’s place of employment to harass him and left only after he threatened to call police, she told him she could cause problems for him at work, because she knew his boss, she sent him several text messages threatening to have him incarcerated and she had him followed during summer of 2008; sufficient evidence showed that appellant committed predicate act of stalking, which supported entry of protective order pursuant ot OCGA 19-13-1.

Quinby v. Rausch, A09A1816 (10/08/09)

From:  Fulton County Daily Report (10/30/2009)

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GA Stalking Order Affirmed Due to the Frequency and Nature of the Contact

Posted Nov.17, 2009 by Cynthia J. Remboldt, Esq., under Evidence, Temporary Protective Order (TPO)

 Evidence, exparte protective order, protective order, Stalking, TPO

Grant of stalking protective order enjoining defendant from harassing, contacting, or coming near plaintiff and her family AFFIRMED, as evidence supported it; defendant contacted plaintiff via abusive emails numerous times and placed her under surveillance on several occasions without her consent and defendant ventured onto property where plaintiff worked after plaintiff told him he was no longer welcome there; frequency and nature of defendant’s contact and surveillance was sufficient to conclude that it was done for purpose of harassing and intimidating plaintiff and put her in reasonable fear for her safety; trial court did not abuse its discretion in excluding testimony regarding events that occurred more than 20 years before events at issue in this case; defendant did not show any harm in trial court’s failure to tender depositions of two of plaintiff’s coworkers into evidence; plaintiff’s need for protective order was not rendered moot due to defendant’s 14 month compliance with stalking ex-parte protective order.

From:  Fulton County Daily Report (10/9/2009)

Thornton v. Hemphill, A09A1928 (09/22/09), 09 FCDR 3089

Attorneys: William H. Turner Jr., Douglas R. Ballard Jr., Jackson, Winifred Hemphill (Pro Se)

Judges: Arch McGarity, Henry Superior Court, Appellant Judges:  Blackburn, Adams, Doyle

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GA Trial Court Lacks Authority to Modify Terms of Child Support Order

Posted Sep.30, 2009 by Cynthia J. Remboldt, Esq., under Child Support, Jurisdiction, Temporary Protective Order (TPO)

 Child Support, Child Support Order, TPO

A GA trial court may not deny a child support contempt hearing because the Temporary Protective Order, ordering father to pay child support, would expire before the hearing date because a trial court lacks authority to modify the terms of a child support order nor may it forgive any child support in arrears.

James-Dickens v. Petit-Compere;  A09A1617 (08/04/09)

Judges:  Miller; Barnes; Andrews;   /  Joan Bloom (Cobb Superior Court)

For more information contact:  CJ Remboldt

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