Free Stalking Permanent Protective Order Pursuant to Criminal Conviction - Georgia

ORI ___________________ THE SUPERIOR COURT FOR THE COUNTY OF________________ STATE OF GEORGIA

State of Georgia

v. _________________, Defendant.

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Accusation

No._____________________

STALKING PERMANENT PROTECTIVE ORDER PURSUANT TO CRIMINAL CONVICTION Defendant appeared before this Court and was convicted of stalking O.C.G.A. § 16-5-90. Pursuant to O.C.G.A.§ 16-5-90(d) a permanent restraining order is issued to protect the victim and the members of the victim's immediate family; therefore IT IS HEREBY ORDERED AND ADJUDGED: 1.
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Defendant is hereby enjoined and restrained from doing or attempting to do, or threatening to do any act constituting a violation of O.C.G.A. §§ 16-5-90 et seq. and of harassing, interfering, or intimidating _____________________________ or his/her immediate family. Any future acts committed by the Defendant towards ____________________________ which are in violation of this statute and this Protective Order can amount to AGGRAVATED STALKING, pursuant to O.C.G.A. § 16-5-91, which is a felony. A person convicted of Aggravated Stalking shall be punished by imprisonment for not less than one nor more than ten years and by a fine of not more than $10,000.00. Defendant is enjoined and restrained from approaching within _______ yards of ____________________and/or her/his immediate family, and/or residence, place of employment, or school and any subsequent residence, workplace or school. Defendant is not to have any contact of any type, direct, indirect, or through another person with ______________________ or her/his immediate family, including but not limited to telephone, fax, e-mail, voice mail, mail, or any other type of contact. That this Order be filed in the office of the Clerk of this Court.

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ACCUSATION NO. ____________________ 5. This Order shall remain in effect permanently and shall not terminate unless modified by the Court. That this Order applies in every county throughout the state and it shall be the duty of every court and every law enforcement official to enforce and carry out the provisions of this Order pursuant to O.C.G.A. §§ 16-5-94(e) and 19-13-4(d). Law Enforcement may use their arrest powers pursuant to O.C.G.A. §§ 16-5-91 and 17-4-20 to enforce the terms of this Order. That this Court determined that it had jurisdiction over the parties and the subject matter under the laws of the State of Georgia and Defendant received reasonable notice and had the opportunity to be heard before this Order was issued sufficient to protect the Defendant's due process rights and this Order shall be presumed valid and pursuant to18 U.S.C. § 2265(a) shall be accorded full faith and credit by any other state or local jurisdiction and shall be enforced as if an Order of the enforcing state or jurisdiction.

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ONLY the following that are initialed by the JUDGE shall apply: ____ ____ 8. 9.
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Defendant is to receive appropriate psychiatric or psychological services. Protected party is either a spouse, former spouse, parent of a common child, protected party's child, child of Defendant, cohabitates or has cohabited with Defendant and qualifies for 18 U.S.C. § 922(g).

SO ORDERED this _____ day of ___________________, 20_____. ___________________________ JUDGE, SUPERIOR COURT __________________ County
Prepared by: Name: _________________________ Address: _______________________ _______________________ Telephone: _____________________

___________________________ Print or stamp Judge's name

Violation of the above Order may be punishable by arrest.

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Note to Judges: This form is promulgated as a Uniform Superior Court Rule under the auspices of O.C.G.A. § 19-13-53. To order a specific provision, please initial in the space provided. The court should delete or otherwise make inoperative any provision in the standardized form which is not supported by the evidence in the case and in order to comply with the court's application of the law and facts to an individual case.

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ACCUSATION NO. ____________________
NOTICE TO DEFENDANT
1. 2. Violation of this Order may result in immediate arrest and crim inal prosecutio n tha t may result in jail time and/or fines and/or m ay subject you to prosecution and penalties for contempt of cou rt. This Orde r shall remain in effect unless specifically superceded by a subsequent Order signed and filed, by operation of law, or by Order of dismissal, whichev er occurs first. Only this Court can void, modify or dismiss this Order. Either party may ask this Court to change or dismiss this Order. If after a hearing, of which the Defendant received notice and opportun ity to participate, a protective order is issued which restrains Defendant from harassing, stalking or threatening an intimate partner, Defendant is prohibited from possessing, receiving, or transporting a firearm or ammunition w hich has been shipped or transported in interstate or foreign commerce for the duration of the Order. 18 U.S.C . § 922(g). A person commits the offense of Ag grava ted Stalking wh en such person, in violation of a temporary or permanent protective Order prohibiting this behavior follows, places under surveillance, or contacts another person on public or private property for the purpose of harassing and intimidating the other person. This activity can subject the Defendant to arrest and prosecution for felony aggravated stalking, which carries penalties of imprisonment for not less than 1 year nor more than 10 years and a fine of up to $10,000.00.

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DEFENDANT'S IDENTIFYING INFORMATION
(please complete as much as possible; one of these must be provided to have the order placed in the National Crime Information Center registry: Respon dent's date of birth, social security number, or driver's license number)

Defendant's social security number is _______________, date of birth is _________, sex ___, color of hair ___________, color of eyes ______________, height _______, weight _____. Defendant's race is ______. Ethnic background ____________ Defendant drives a _____________________, license tag number _________________ and has a ____(state) driver's license number ___________. Defendant has distinguishing marks (tattoos, scars, etc.)_____________________. Defendant's home address ______________________________. and is employed by________________ at _______________________ and works from ____ to ____ on (days)___________.

PETITIONER'S IDENTIFYING INFORMATION Protected parties ___________________________ DOB __________ sex ______ race _____ ___________________________ DOB __________ sex ______ race _____ ___________________________ DOB __________ sex ______ race _____ ___________________________ DOB __________ sex ______ race _____ ___________________________ DOB __________ sex ______ race _____

Transmitted to Georgia Protective Order Registry

Date ______________ Clerk _______________
Rev'd 1/10/03

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