You are on page 1of 7
OR! NUMBER: IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA calie M) Adavas + — citation Fte No ettoner : \ ¢ . Feapondent DISMISSAL OF TEMPORARY PROTECTIVE ORDER % (Family Violence & Stalking) OR INITIAL PETITION/COUNTER PETITION, IT1S HEREBY ORDERED, ADJUDGED AND DECREED that the Petition for Temporary Protective Offa S 2 the LT day ot__Ceteoer 20 0.5 is hereby dismissed without pid [1 onf J Petitioner's [J Respondent's | ] Both parties; Motion to Dismiss; 8 tf ontv{ Petitioner's |] Respondent's [_] Both partis; fllure to appear and proceed; [1 onf J Pettioner's [ ] Respondent's failure to prove by a preponderance of the evidence the allegations contained in the Pettion/Counterpettion for Temporary Protective Order; (Specity evidentiary findings & legal reasoning.) [1 there isa lack of service of process on [| ] Pettioner's [|] Respondent's [ ] Both partes. L] Other, This case 1s diomisoed dc te the fort trad the Petihow 7 (taf and _Grocees shes. tdates Celebs, 2le. 2005 + Neembe 2, 1005, ited 4 detect dtateed. ga. ches See Siam Spat Cou Re unre uss TOCOA {2-19.59 rogling the cout to delle or oerse make = ny provision in te a ‘Gmc To act enenee inthe case orn odor to comply wih he cous gpplcaon ofthe lw and facto: a) pidge The POD PTEC DRS af onc Skomaton Nyephyed & eqoustolserve net ol EC DS yot Neaeunben 00S at GOS DM Print Name: \/]/1\ bes Date Submited by Deputy Cer: [-2-0 ‘and correct copy ofthe foregoing Dismissal of Temporary Protective Order, as the same ‘Superior Court. Given my hand and seal ofthis court, [L7Fransmited to Georgia Protective Order Registry Thig is to certify this is a ru appears of record in Gwinnett this, day of 20, 8 Cork, Superior Court, Gwinnett County, GA QMAGFORMSIMAG 60-13 Dismissal of Temporary Protective Order IN THE SUPERIOR COURT OF GWINNETT COUNT STATE OF GEORGIA | S CIVIL ACTION FILE NO. Par ds A= 12203-0) Any prior case no(s): v Billy D Cec Respondent Cf ORDER RESETTING HEARING UNDER THE FAMILY VIOLENCE ACTI/ST/ TERMS OF PRIOR TEMPORARY PROTECTIVE ORDER SHALL REMAIN II % 1c 2 The Petition in the above case was filed on 200.5, anda ilps, BE Violence) (Stalking) Temporary Protective Order was issued on that date. A hearing was originally — Ort loy zy , 200.5. The hearing is continued upon the request of the [ ] Petitioner { ] Respondent [ ] both parties. [] The{ } Petitioner; [ ] Respondent; has consented to the continuance. 1 Thet } Petitioner; { ] Respondent; has not consented to the continuance, The Court finds that the ‘case should be continued for good cause. [1 The Respondent has not yet been served with the Temporary Protective order and notice ofthe hearing, RESET DATE: 9 itis therefore ordered thatthe hearing be resetto_ Nia. cyw\ly/ 200.5 at BO amin Courtroom. )_ of the Gwinnett County Justice and Administration Center, 75 Langley Drive, Lawrenceville, GA 30045. The provisions of the prior Temporary Protective Order shall remain in full effect until the reset hearing, or until an order entered herein modifying those provisions, whichever event first occurs. so ordered, tis ‘Ze_day ot _Chleve_, 2009. one . Cur 4 Judge, Supertor Cour ignation Consented to: ‘Tho Llerk of Court is hereby directed to mail a copy of this Order Resetting Hearing to: [vf Potitioner; [ ] Attorney for Petitioner; [Vf Respondent [ ] Attorney for Respondent, QAMAGFORMSIMAG 60 Family Violence & Stalking\MAG 60-06 TPO Stalking Continuance.doc ORI NUMBER: IN THE SUPERIOR COURT OF GWINNETT COUNTY ‘STATE OF GEORGIA 1 7 + Civil Action File No: Patlisner 1 96A-1229 3-0 96Aq te cues v : = . = rly GF Cook = Respondent! . 2 fe 2 2 FAMILY VIOLENCE EX PARTE PROTECTIVE ORDER 2 tne peton ving ome on fr a x par ean, pusuat'o OCGA, 1010 oto. Protective Order be issued, petitioner alleged that Respondent has ‘committed acts of Family Violante af Petitioner is in reasonable fear of the Petitioner's safety (and the safety of ‘Petitioner's child(ren), and the Court having read and considered the petition and having heard the wom testimony of the Plaintiff, the Court finds grea and considered pion en nvr edt pst and may avcurin ve au. IS HEREBY ORDERED AND ADJUDGED THAT: 1 “These proceedings be filed in the office of the Clerk ofthis Court, 2 Rd Gl 190 S002 zl 2 “This Order applies in every county throughout the state of Georgia and it shall be the duty of every court and every law enforcement offal to enforce and carry out the provisions of this ordet GA. 19-13-4(d). Law Enforcement officers may use their arrest powers pursuant (3-6 & 17-420 t0 enforce the terms of this order. 3 ‘A.copy ofthis order be given to law enforcement and the Respondent be served with @ copy of this Order the Petition for Temporary Protective Order instanter. 4 ‘The Petitioner and Respondent named herein shall appear before the Superior Court of Gwinnett County, op the 20> day of _Co.tcer __200°5_, at 2_o'clock, 1m. at the Gwinnett Justice & Administration Center, 75 Langley Drive, Lawrenceville, Georgia, Courtroom it iS ‘to show cause why the demands of the Petitioner should or should not be granted. (Absent a consent agreement, the Court ordinarily will not enter a mutual protective order on issues connected with 0.C.G.A. 19- 43-48), (a)(2), (a6), (a)(9) or (a)(t4), or any combination thereof, unless the Respondent has filed a verified petition as a counter-petition pura to 0.C.G.A. 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions of 0.C.G.A. 19-13-3 have been: satisfied.) 5. Respondent Is hereby restrained and enjoined from doing, or attempting to do, or be00tt threatening to do, any act of injury, maltreating, molesting, following, harassing, harming, abusing or stalking the Petitioner and the Petitioner's minor child(ren), if any. Respondent is not to interfere with Petitioner's travel, transportation or communication. The Respondent shall not follow, place under surveiliance, or contact the Plaintiff at any place for the purpose of harassing and intimidating the Plaintiff. Any violation of this order may be considered a violation of 0.C.G.A. 16-8-0 and may subject the Respondent to prosecution for Aggravated Stalking, in violation of O.C.G.A. § 16-5-81, a felony; and Fodoral Law, Title 18 U.C.S., Chapter 110-A/Domestic Violence, Sections 2261-2268. QAMAGFORMSIMAG 60-08 Mar 05 Exhibit A ' | History & Factors of Family Violence ! (Pettoner shoud inavanswer ALL happy, unlasoptona i indeates. Responders ho defendant. History Choking of petitioner. 'espondent has destroyed, or threatened to destroy, the personal property of the petitioner. ‘increasing frequency and severity of violence against petitioner. _¥ ‘Number of times within the past ninety (90) days when violence has occurred between the partes, Respondent has threatened petitioner with a knife, gun or other deadly weapon or threatened to kill petitioner. ‘History of prior calls to law enforcement andlor prior flings for protective orders. story of defying protective orders. Or, history of criminal arrests, ults petitioner when drunk or high History of substance abuse. Respondent a king of petitioner by respondent. ssive jealousy and excessive control of petitioner. Has threatened petitioner because he/sha believes that petitioner may be “cheating” with another, 7 has expressed fantasies about homicide or suicide, Respondent has killed or injured pets or threatened to do so. Respondent has threatened or attempted suicide, Respondent is obsessive about petitioner. Or, respondent exercises “ownership rights" over the Petitioner, Or, respondent has told petitioner words tothe effect, “f| can't have you no one can. | Respondent threatens to injure or flee with petitioner's children. Or, he/she has done so in the past. Respondent has mental health impairment, such as depression or echizophrenia or paranoia, Respondent has threatened to take petitioner hostage or has a history of hostage taking, with or without law enforcement intervention. | (Optional) Respondent has forced petitioner to have sex against will of petitioner, FACTORS He. Parties have recently separated. lun present in home or readily accessible to respondent. si Breton believes that the respondent may try to use deadly force against petitioner. (Optional) Petitioner has begun a new relationship with a new partner [QA MAGFORMSI MAG 60-14 Petition Relief FVAct_Sept 05 PageSofS | Wherefore, a a a a a is) "1 ul the Petitioner requests the following relief be awarded the Petitioner (check all that apply): Exclusive and immediate possession ofthe residence located at Immediate custody ofthe minor child(ren), The Respondent] should [ ] should notbe ewarded reasonable visitation tights under such supervision as the Court deems just and proper. Exclusive and immediate possession ofthe following vehicle(s) ‘Alimony for the support of Petitioner. Child support forthe support of the minor child(ren), Payment of certain debts. ‘Award of reasonable attorney fees, ‘That the Court issue a Family Violence Ex Parta Protective Order protecting allthe persons Ihave listed on the attached form entitled “Potitioner's Identifying Information.” Furthermore, the Petitioner requests that: @ © © @ ‘AFamily Violence Ex Parte Protective Order issue ex parte immediately restraining and enjoining the Respondent from ‘commiting acts of violence against Petitioner and the child(ren); “The Court issue @ Rule Nisi order requiring the Respondent to appear and show cause why the relief demanded by the Petitioner under the Family Violen Act should not be granted; “The sherif, eny deputy sheritf or any other state, county, or municipal aw enforcement oficer shall implement any ‘order of this Court; and For such other and further relief as this Court deems just and proper. | have read the above Petition and hereby swear or afin heroin aro based upon my personal knowledge and are true and correct. vom an sties tee ta ey [GAMAGFORMS\MAG 60-14 Petiion Relof FV Ac_Sept 05 Pages ob | 1. ([GAMAGFORNS(MAG 60-14 Petition Relief FV Act_Sept 05 inst the Petitioner or the minor children: petition MUST set out facts fo support at the following acts of Family Violence ageit saider another more appropriate legal ‘onthe inetruction sheet. A family violence ‘The Respondent has committed these offenses has occurred, you should co (Pleae0roforto the logal definitions. feast one ofthese offenses. tf none moar) Trametey {18smy {1Snpe sk ETAannatd Aastha Tomas {1etiminal Damage to Property { ]UniawtulRestraint (1Gtaking [Aggravated Staking [1 Other Feionies “The specific facts conceming the above listed acts of Family Violence are as follows (Attach additional sheets and ay COURT USE ONLY — Intake judge's notes on additional oral testimony given concerning violence: ‘other documents supporting the allegtions of Family Violence committed by the Respondent are attached hereto Exnbit A consisting of pages. (Police report, medical or hospital records, photographs, etc.) “The Petitioner alleges that Family Violence has occurred in the past and is reasonably likely to occurin the future for the following reasons: 4. The Respondent has made threats of future voloncelstalking, or ‘There is an established pattern of behavior by the Respondent involving acts of family violence as set forth ‘above. ‘The Respondent has a pattem of continued substance abuse which has caused femily vilence inthe pest. 1 [J ThePeitioner requests that the Court evaluate certain factors and the history of family violence ccsurrences, which affect the nsk of future violence, which is hereto attached as Exhibit A, entited "Factors & History of Family Violence, and Is incorporated by reference herein. [1 Other: ‘The Respondent should be restrained from committing further acts of family violence. Pagesofs | Provisions of the Family Violence Act (0.C.G.A. §§ 19-13-1, et seq.) The parties are Date Relationship Date Relationship a Bogan Ended Present Spouse {_] Ceremonial] Common Law Not Applicable Former Spouse Persons ling in the samo household Not Applicable V/_| Persons formery ving in the same household is iS Parents of the Same Children Not Applicable Applicable Parent and Chi Not Applicable Not Applicable | stepparent and Stepchild Not Applicable Not Applicable Foster Parent and Foster Child ‘Not Applicable Not Applicable 5. The Minor Children of the parties or children residing with the parties are as follows: Name of Child Date of Bith Resides with Related to: { ]Both{ ]Petttoner | | | Both{ | Petitioner [] Respondent [1 Respondent [180th ]Pettioner | | } Both] Pettioner {1 Respondent [Respondent | { 1Both{ 1Pettoner | [ ) Both }Petioner { } Respondent [1 Respondent {1Botht 1Petitoner | { jB0th{ | Pettoner 1 Respondent [1 Respondent {1Both( 1Pettioner | { jBotn{ Pettioner L1Respondent 1 Reepondent This section MUST be completed In any case In which custody or visitation may be an Issue. The present address of my minor children is: [] Petitioner's address; [_] Respondent's address; {_] Other: During the last five years my minor child(ren) has/have resided at the following additional addresses: I[ ]have [| have not participated as a party, witness, or in any other capacity in any Itigation conceming the ‘of my children in Georgia or in any other state. ithe 160 not have ‘information of eny custody proceeding concering my chil(ren) pending in @ cout of Georg tate. I Teor {dont now cof any person, not a party to this action, who has physical custody of my child(ren) or i visitation rights with respect to my child(ren). fpsvanoneredaftrsivay(Thaverow’ "to any ofthe above questions you must list and describe all such cases, including the name of each counts), and the most recent judgment or order: @: MAGFORMS\ MAG 60-14 Petition Relief FV Act_Sept 05, Page 2of6

You might also like