I have a TPO hearing Monday. It was filed against me by my daughter in law. I am disabled and forced to leave my home.

Asked over 1 year ago - Newnan, GA

I built the room that I was living in onto their home. My son and I had TPO filed against us because of her desire for a divorce. I am disabled and am currently staying in an unfinished basement sleeping on a concrete floor. The TPO states that I was spying on her and reporting her actions to my son.

Additional information

Do I have any rights? I am homeless and on disability. I can't just go out and rent an apartment, I have only disability income.

Attorney answers (2)

  1. Elizabeth Marum

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I would recommend you speak with an attorney as soon as possible. It is important that you appear at the hearing on Monday so that you can address the allegations. Without seeing the petition and without knowing exactly what information you need, I can only give you limited advice. However, from what you have explained, it does not sound like she has alleged actual violence by you but that she is trying to allege she needs a protective order for stalking. So whether or not she can get a 12-month TPO against you depends on what acts she alleges you have taken in "spying" and whether she can present evidence that would prove to the court that your actions equate to stalking and warrant protection under the Family Violence Statute. If you cannot afford an attorney, at the very least you should consult with one for some basic advice on representing yourself on Monday. I have copied the statutes language defining Family Violence below.
    Ga. Code Ann., § 19-13-1
    § 19-13-1. “Family violence” defined
    Currentness
    As used in this article, the term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
    (1) Any felony; or
    (2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
    The term “family violence” shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

  2. Joshua G. Schiffer

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . You really need some hep, and professional guidance. There are several disability advocacy groups you can ask for assistance, and the court may even have a "victims advocacy" section that would be willing to look at your issues. Also, your son NEEDS A LAWYER and his lawyer may be able to address your situation as it obviously involves his marriage case.
    Good Luck!
    Josh

    Hey Look, A Disclaimer. And it is kind of witty. Kind of. To wit: Information Provided SHOULD NOT be relied... more

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