Explaining the Definition of TPO Court

Definition of a TPO Court

Although the acronym "TPO" can stand for a plethora of different things, in reference to the United States judicial system, the term refers to a "Temporary Restraining Order Court". A Temporary Restraining Order is essentially an emergency order established by the state which would prohibit a party (or individual) from certain actions until a more permanent arrangement can be established by the court. These orders are usually meant to act as safeguards over certain conditions , such as the prevention of child abduction by one of the parents. A TPO Court would be a court doled out at random, to listen to the case of a party seeking a temporary restraining order. These courts can be defined as "emergency" due to their 24 hours non-stop availability; no matter the time of day or day of the week, a TPO Court is available to hear your case, and either grant or deny your requested relief.

What Do TPO Courts Do and What is the Jurisdiction of TPO Courts?

In terms of function, TPO Courts wield both supervisory and adjudicative authority. As supervisory bodies, they have the power to examine the evidence submitted to them, determine its relevance, and consider its effectiveness to prove the case they are deciding. For example, if a prisoner attempts to admit evidence or arguments that aren’t relevant to the specific disciplinary hearing, the TPO Court has the authority to reject that evidence or argument as irrelevant and refuse to consider it. On the other hand, if they find the evidence relevant, the TPO Court can then decide both its weight and sufficiency to establish the violation being charged.
TPO Courts also possess the power to discover facts independent of the record before the commission or board of which they are reviewing the decision. For instance, the TPO Court itself can contact witnesses in order to determine what they would offer in testimony, compare testimony of different witnesses to one another to evaluate their credibility, and evaluate the reliability of available evidence using its own experience. On the subject of reliability, TPO Courts will rely on certain types of disciplinary reporting to carry a "presumption of reliability" to determine if a violation occurred, provided that the reporting type doesn’t "inherently affect the reliability of the reports." An example of such a reporting type is the use of "detailed written reports" submitted by peace officers.
TPO Courts also have the jurisdiction to review the length of sentences imposed against inmates for good time credit eligibility and determine whether or not inmates qualify for early release on parole. Commonwealth Divisions of the TPO Court have the authority to hear challenges to the legality of the sentence imposed by the prison or jail. In addition, Commonwealth Divisions of the TPO Court review and determine the credit for time served of inmates sentenced to probation or shock incarceration in the Allegheny County Jail based on the records of the Allegheny County Probation Department. In such situations, the TPO Court will review the probation department’s records for accuracy, apply the law to the facts of the case, and then determine eligibility for early release on parole.
The subject of TPO Court Jurisdiction is mentioned in Rule 2 of the Pennsylvania Rules of Criminal Procedure. On June 1, 2000, Rule 2 was amended, and the Description of Rule 2 of the Pennsylvania Rules of Criminal Procedure now reads as follows:
Rule 2. Jurisdiction
(A) The courts referred to in Rule 1 are authorized to receive assignments of all matters and proceedings to be commenced and prosecuted under these rules, and to exercise the powers conferred by these rules until otherwise provided.
(B) The jurisdiction of the courts referred to in Rule 1 shall extend to:

(1) any order of a magistrate made prior to the transmittal of a criminal proceeding to a court of record; and
(2) any case prosecuted under these rules where the defendant has waived trial.

What Types of Orders Do TPO Courts Grant?

1. Temporary Protection Orders

There are two types of TPO’s that a TPO Judge can issue – final and temporary. A temporary protection order (also referred to as TPO) issued at an interim hearing is just that, a temporary order. It protects the Petitioner for a brief period of time (usually 14 days). The purpose for this type of protection order is to protect the petitioner on an interim basis until a final hearing can be held. This hearing must be set within 15 to 30 days of the petition being filed with the court.
A temporary order is just that…temporary. The order expires at the 14 day/30 day hearing. As such, unless the petitioner takes further action, the protection order will expire if not presented to a TPO Judge. To avoid that, the petitioner should schedule a final hearing with the Clerk of Superior Court as soon as the temporary protection order is issued. While the clerk will have a large calendar to choose from, the earlier the hearing is scheduled, the sooner the petitioner will be able to have closure on the matter.

How to Get a TPO Generally

As a general rule, an individual who wishes to obtain a Temporary Protection Order should follow these steps:

• An individual must visit the designated courthouse in their area that deals with the entry of Temporary Protection Orders. For example, in Forsyth County, the individual would visit the Harbison Building located at 201 N Lee St, Winston-Salem, NC 27101.
• The individual seeking the Order will fill out the required paperwork, which is an Application and Affidavit Domestic Violence Protective Order, and go before a judge. This paperwork provides information on the need for the Order and why the person filing feels threatened.
• Because the Emergency Order expires at midnight, the person seeking the Order must attend the hearing within 10 days of obtaining the Emergency Order.
• At the hearing, the judge will listen to both parties and decide if a Permanent Order is needed.

Upon receiving the longer-lasting Order, the individual must have it served on the person it is issued against. Upon being issued a Temporary Protection Order, the Order is effective until the date listed on the Order and must be followed by law enforcement agencies. Should the individual fail to have the Order served on the other party, then the Order will not take effect. It is common that a sheriff’s office will serve the Order to the other party at a later date.

TPO Court Frequently Asked Questions

The following section appears in the article "Understanding the Meaning of TPO Court"
Frequently Asked Questions about TPO Court
My spouse/parent has crossed the line. Are I going to be facing a TPO lawsuit?
It’s possible – and that’s not the answer you wanted to hear. If your spouse or parent approaches you and states that they intend to file a protective order, now is your chance to have a civil discussion with them. Explain that they may be overreacting and it might be healthier for both of you if they sought counseling first.
If the protective order has already been filed, it’s still possible for the two of you to agree to reconcile and move forward as a family. You will still need to appear in court, but there’s nothing preventing the plaintiff from requesting the court to deny the motion or dismiss the case.
What happens in a TPO hearing?
TPO hearings are heard only by the judge. That’s fortunate because that means there are no juries. Typically your spouse/parent is going to be invited into the room and the judge will ask them questions. After the plaintiff provides them with their account of what happened, your side of the story is heard. You may also have witnesses testify on your behalf.
There’s no one solution that is going to satisfy every TPO case. The needs of the family are paramount in a judge’s mind. If the judge feels that the plaintiff does not need a protective order, then they’ll dismiss the motion . If your spouse/parent still feels that it’s necessary to live apart (sometimes this is the preferred option to divorce), the judge may grant a protective order limiting contact and communication.
Why didn’t I get my protective order?
The plaintiff in a TPO hearing bears the burden of proof. This means that you have the opportunity to present your side of the case and conduct cross-examination on the plaintiff. There’s a certain level of discretion afforded to the judge in a TPO hearing – so they may very well form a different opinion than you do about the situation.
In most cases, TPOs are short-term solutions. Even if the plaintiff receives one, there’s a time limit in which to address the underlying issues to resolve their conflict peacefully or remove yourself from the situation permanently.
What’s the difference between a TPO Court and a TPO Judge?
While it’s true that TPO courts are always presided over by judges, certain courts within Georgia specialize in TPO and domestic violence cases. It’s important to find a lawyer who is familiar with the inner workings of the court in your case. If you know the typical judges in your jurisdiction, ask your lawyer if they generally hear TPO cases. A good lawyer is able to provide you with answers immediately, rather than having to postpone your proceedings in order to research attorney fees, management structure, or other questions.

Impact on Individuals of TPO Orders

A TPO order can have serious consequences for many involved in the process. Most importantly, the petitioner may have to immediately vacate his or her home and will probably have to find new housing quickly. The petitioner will likely have to answer questions regarding the TPO order on applications for new homes and jobs, and a permanent TPO order will be visible on companies such as CACI when a background check is done. In some cases, the respondent may be ordered to pay child support and/or alimony. The TPO order can also become grounds for contempt if the respondent has a subsequent arrest of any sort. The contempt also occurs if the respondent commits a violation of the term of a TPO order, such as contacting the protected person, thereby exposing him or her to additional criminal charges (DUI, assault, harassment) if he or she is arrested as a result of the violation.

Future of TPO Court Rules

As the development of the TPO courts continues, it is to be expected that the procedures and related policy governing the courts will evolve and develop. As such, no doubt there will be proposed changes to the procedure on the basis of practice or experience in the handling of a TPO case.
Some key articles relevant to the foreseeable development of the U.S. TPO courts are as follows: There could well be a way for the U.S. courts to use technology such as Skype or FaceTime to conduct any hearings by phone. In this fashion, the TPO Court Judge could speak to all parties and witnesses from Beacon Hall in a very cost effective manner for everyone involved. Also in reference to the previous article, it may be possible for the U.S. Courts, through eCourt, or any other means, to accept any evidence , TPO’s, Affidavits and statements made pursuant to 18 USC Chapter 223 A 18 USC Chapter 871 on the day of the telephone hearing, which is currently required to be filed at least 48 hours prior to any such hearing. Such a change would greatly increase the efficiency of the TPO courts.
Finally, it is hoped that under the new law, and the very frequent involvement of the Public Defender and District Attorney, the abuses of TPO laws would be sufficiently mitigated. If so, that would open the doors for TPO courts to even accept motions for discovery, so that the involved parties can come up with more cost effective solutions to their legal problems, rather than just being dragged into a courtroom, typically "out of the blue" at a time when it is most inconvenient, in many cases, to them.