Atlanta Domestic Violence Attorney
Restraining & Protective Orders
Assault, threats, and other forms of violence may be against the law in Georgia, but the prospect of criminal punishment is not of much use for victims who fear for their lives and safety. For this reason, lawmakers established a process by which a person can obtain a temporary protective order for domestic violence. This option can be a powerful remedy for protecting your family, but the legal requirements can be overwhelming under such stressful circumstances. Due to the nature of the proceedings, you may also be in a difficult position if you have been accused of family violence.
Because of the numerous complications involved with the process for a domestic abuse protective order, it is critical to retain skilled legal representation. Your safety and well-being may be at risk, and your rights are in jeopardy if you face false allegations by an accuser. Our team at Kaye, Lembeck, Hitt & French is experienced with both sides of these cases, so please contact us to schedule a consultation with an Atlanta domestic violence lawyer today. Some background information is also helpful.
Overview of Georgia Family Violence Laws
While state statutes cover most violent crimes, Georgia domestic relations laws include a section on the separate category of family violence. These provisions protect against physical, sexual, and emotional abuse among:
- Current and former spouses;
- Parents and children;
- Foster and stepparents;
- Members of the same household; and
- Many others.
If you qualify based upon your relationship status, you may be able to file a petition to obtain a domestic violence protective order that prohibits the other person from engaging in certain acts. In most cases, the protective order will require the other party to refrain from additional contact and being present in certain places. It is also possible to have that person removed from a shared home and prevent contact with minor children.
Timeline in a Domestic Violence Protective Orders Case
You can count on the attorneys at Kaye, Lembeck, Hitt & French to advocate on your behalf throughout the process. Still, you can gain a better understanding of these cases by reviewing a timeline.
- To initiate the proceeding, the petitioner must file a sworn statement in court alleging the acts of violence and requesting a protective order.
- The petitioner can obtain a restraining order the same day of filing if the judge finds that violence has and will likely occur in the future. Because the respondent will not be officially served before this action, the order can only remain in place for a maximum of 30 days (although there are some exceptions).
- The court will conduct another hearing within 30 days, during which the respondent will have the opportunity to defend himself or herself.
- The judge will make a determination on whether to extend or cancel the protective order after hearing both sides.
Contact an Atlanta Domestic Violence Lawyer Right Away
For more information on the restraining order process, please contact Kaye, Lembeck, Hitt & French. We can set up a consultation with an Atlanta family violence attorney who can provide additional details on relevant laws, defense options, and what to expect with the proceedings.