GA Child Attorney Trial Notebook:: Protective Order

Protective Order

Authority

Purpose

Court can restrain or control the conduct of a person where an order of disposition of a child has been or is about to be made

Jurisdiction

Same as Adj., attaches to a pending deprivation action

Venue

Same as Adj., attaches to a pending deprivation action

Timing

Where an order of deprivation disposition of a child has been or is about to be made
Finding of deprivation has been made by the court

Parties

Person whose behavior is sought to be controlled or restrained
Parties to the deprivation action

Pleading

May be a prayer in a Deprivation petition
Filed as a separate action
Oral motion in open Court

Notice

Person whose behavior is sought to be controlled or restrained should receive notice of the application, grounds & an opportunity to be heard
Personal service to the person to be controlled because order may be enforced by a contempt action

Standard of Proof

Clear & Convincing

Right to Attorney

Yes

Decision Points

What actions need to be controlled by the court

Order

May require

to stay away from the home of the child
to permit a parent to visit the child at stated periods
to abstain from offensive conduct against the child, child's parent or any custodian of the child
clean the home, abstain from actions which make the child's home improper
to cooperate with DFACS or their service providers
to ensure child attends school
to participate in counseling with child
to enter & successfully complete a substance abuse treatment program

Practice Points

provides more accountability for parties to comply with case plan goals

15-11-11. Protective orders.

(a) On application of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if an order of disposition of a child has been or is about to be made in a proceeding under this article and due notice of the application or motion and the grounds therefore and an opportunity to be heard thereon have been given to the person against whom the order is directed. Such an order may require any such person:

To stay away from the home or the child;

To permit a parent to visit the child at stated periods;

To abstain from offensive conduct against the child, the child's parent, or any person to whom custody of the child is awarded;

To give proper attention to the care of the home;

To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;

To refrain from acts of commission or omission that tend to make the home not a proper place for the child;

To ensure that the child attends school pursuant to any valid law relating to compulsory attendance;

To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and

To enter into and complete successfully a substance abuse program approved by the court.

After notice and opportunity for hearing afforded to a person subject to a protective order, the order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.

Protective orders may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.

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"Protecting children and promoting their well-being through excellence in courtroom advocacy."
GACC is an affiliate of the National Association of Counsel for Children	GACC Jane Okrasinski Executive Director Email: jane@gaccchildlaw.org

Authority	15-11-11
	Purpose	Court can restrain or control the conduct of a person where an order of disposition of a child has been or is about to be made
	Jurisdiction	Same as Adj., attaches to a pending deprivation action
	Venue	Same as Adj., attaches to a pending deprivation action
	Timing	Where an order of deprivation disposition of a child has been or is about to be made Finding of deprivation has been made by the court
	Parties	Person whose behavior is sought to be controlled or restrained Parties to the deprivation action
	Pleading	May be a prayer in a Deprivation petition Filed as a separate action Oral motion in open Court
	Notice	Person whose behavior is sought to be controlled or restrained should receive notice of the application, grounds & an opportunity to be heard Personal service to the person to be controlled because order may be enforced by a contempt action
	Standard of Proof	Clear & Convincing
	Right to Attorney	Yes
	Decision Points	What actions need to be controlled by the court
	Order	May require to stay away from the home of the child to permit a parent to visit the child at stated periods to abstain from offensive conduct against the child, child's parent or any custodian of the child clean the home, abstain from actions which make the child's home improper to cooperate with DFACS or their service providers to ensure child attends school to participate in counseling with child to enter & successfully complete a substance abuse treatment program