Protective Order Filed Against Theater Shooter

Fox 54 is still learning more about the legal complications surrounding Louisiana theater shooter, John Russell Houser and his family, who filed a court issued protective order against him in 2008 claiming he was a danger to himself and the family.
A protective order, also referred to as a restraining order, is a public, legal document for victims to obtain protection from persons abusing, harassing, or stalking them.
It also can prohibit contact between parties and may remove or restrict someone from a certain place or residence.

Under Georgia Law, you do not need an attorney to file a protective order and there are no fees involved. This type of document was filed by the family of Houser in Superior Court.
A Probate judge in Carroll County, Georgia signed a private court document allowing sheriff's deputies to detain Houser and bring him to a hospital for a mental evaluation, which has caused some confusion if Houser was ever actually committed because of his erratic actions. 
"The actual order to apprehend was not ever actually filed as a public record. The fact that the judge in Carrol County signed an order to apprehend was made public by a filing in the superior court. The lawyer representing family members in a family violence protective action in superior court alleged the judge of Carroll County had signed an involuntary treatment order when in fact it was clarified she signed an order to apprehend," says Muscogee County Judge, Marc D ‘Antonio.

Violations of a protective order can possibly lead to other criminal charges.

Judge D ‘Antonio says a judge cannot involuntarily commit anyone on their own.
It must first be recommended from the mental facility and then a court proceeding would take place.

Fox 54 called the Carroll County Judge who signed the affidavit to detain Houser, but he has not returned our calls.

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