Key Takeaways
- Violating a Temporary Protective Order (TPO) in Georgia is a criminal offense, often charged as aggravated stalking—a felony.
- Even unintentional contact or social media interactions can count as a violation.
- A conviction can lead to jail time, fines, and a permanent criminal record—and can hurt custody or immigration status.
What is a TPO in Georgia?
A Temporary Protective Order (TPO) is a civil court order meant to protect someone from harassment, abuse, stalking, or threats. Often issued in domestic violence or stalking cases, a TPO can:
- Order the respondent (you) to stay away from the petitioner
- Prohibit contact through phone, text, email, or social media
- Remove the respondent from a shared home
- Restrict access to children or shared property
TPOs are enforceable statewide, even if the alleged victim moves to a different county.
What counts as a violation of a TPO?
Any intentional or reckless contact with the protected party can be a violation, including:
- Calling, texting, or DMing the person
- Showing up at their home, work, or school
- Asking a friend or relative to deliver a message
- Commenting on their social media
- Sending gifts or letters
- Violating a firearms restriction or no-contact order
Even if the other person initiates contact or says “it’s okay,” the TPO still legally binds you, not them.
Is violating a TPO a felony in Georgia?
Often, yes.
Under O.C.G.A. § 16-5-91, violating a TPO may be charged as aggravated stalking, which is a felony punishable by:
- 1 to 10 years in prison
- Fines up to $10,000
- A felony record that impacts employment, housing, and immigration
In less severe cases, the charge may be criminal contempt or simple stalking, but even those can lead to jail time and fines.
What are the penalties for violating a TPO?
Penalties depend on the specific charge:
| Charge | Classification | Max Penalty |
| Criminal Contempt | Misdemeanor | Up to 20 days in jail per violation |
| Stalking (First Offense) | Misdemeanor | Up to 12 months in jail, $1,000 fine |
| Aggravated Stalking | Felony | 1–10 years prison, up to $10,000 fine |
Judges may also order electronic monitoring, mandatory counseling, or extend the TPO for additional years.
Can I go to jail for texting someone who has a TPO against me?
Yes. Even a single text message or emoji can trigger a criminal charge. The law doesn’t care whether your message was friendly, apologetic, or even welcomed—it only matters that you sent it.
How can a defense lawyer help with a TPO violation?
A criminal defense attorney can:
- Investigate whether the contact was accidental, mistaken, or provoked
- Argue for reduced charges (e.g., from aggravated stalking to contempt)
- Protect your rights during hearings
- Work to avoid jail time and negotiate probation
- Help prevent immigration consequences for non-citizens
If you live in Cobb, Fulton, DeKalb, Gwinnett, Clayton, or Hall County, you need a lawyer who knows how local judges handle these cases.
Georgia TPO Violation FAQ
How long does a TPO last in Georgia?
Temporary orders last up to 30 days, but can be extended or made permanent for up to 12 months—sometimes longer.
Can I go to jail even if I didn’t mean to break the order?
Yes. Georgia law treats reckless or negligent contact as a violation.
What if the protected person contacts me first?
Do not respond. You’re still bound by the order—only the court can modify or lift it.
Will this show up on my record?
Yes. A conviction for violating a TPO can stay on your record and affect job applications, background checks, and more.
Can the TPO be dropped?
Only a judge can lift a TPO. The petitioner cannot cancel it on their own.
Accused of Violating a TPO? Call Hines Law Now.
Don’t face felony charges alone. Violating a TPO—even unintentionally—can land you in jail, ruin your reputation, and disrupt your family life.
Call Hines Law at 404-226-4236 for a free, confidential case evaluation. We aggressively defend clients across Cobb, Fulton, DeKalb, Gwinnett, Clayton, and Hall Counties in Georgia.