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Im the plaintiff on a TPO I got on my wife. I dont want to proceed. A hearing is scheduled in two weeks.

Athens, GA |

I filed a motion to dismiss two weeks in advance (today). I need this motion approved now. How can i get the dismissal done now. I cited case OCGA 9-11-41 in my motion but the clerk insist that only the judge can dismiss the tpo. but ocga 9-11-41 clearly says i dont have to have the courts approval. She wasnt charged with a crime. why are they not abiding by the code 9-11-41?

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Attorney answers 1


The code section you have cited is from the Civil Practice Act, and there is case law that states that the Civil Practice Act does not apply to TPO cases. The Court will likely want to hear an explanation from you as to why the TPO was filed and why you are seeking to have it dismissed before dismissing it. This is pretty standard policy to ensure that victims of domestic violence are not being coerced by their abusers into dropping the TPO.

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