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Atlanta Divorce Attorney > Blog > Family > Can I Get a Restraining Order Even if My Spouse Never Hit Me?

Can I Get a Restraining Order Even if My Spouse Never Hit Me?


Many spouses live in a state of fear. These victims may feel as though they are one step away from being harmed – perhaps even murdered. This sense of fear can feel like torture – even if your partner never actually lays a hand on you. Can you really get help if your spouse has never physically harmed you though?

You Can Get a Protective Order if You Believe You’re in Danger

The first thing to understand is that you can get a restraining order even if you have never experienced any physical harm. According to the protective order system in Georgia, the only requirement is that a reasonable person in your shoes would  believe yourself to be in immediate danger. This means that if you genuinely fear that your spouse (or any other member of your family) may hurt you or someone you love in the future, you may be  justified in pursuing a protective order.

Of course, if you are in immediate danger, it is always a smart choice to call 9-11 to get help from the authorities first and foremost. While lawyers can help you get a protective order after you have reached a safe place, you should get out of immediate danger before you can consider legal options.

Non-Violent Reasons to Get a Restraining Order

 There are many valid reasons to get a restraining order that do not involve violence:

  • Stalking: One of the most obvious reasons to get a restraining order is if you’re being stalked. For example, your spouse may be following you home from work at night. Perhaps they keep “running into you” by accident. If you are being stalked, you are justified in pursuing a restraining order.
  • Threats: If your spouse or ex has threatened you, you can also pursue a restraining order. For example, your spouse might have threatened to kill you if you ever try to pursue a divorce. Or perhaps your ex has threatened to kill your pet. Whatever the case may be, these acts may form the basis for valid protective orders.
  • Cyberstalking: Stalking may also occur in a fully virtual manner. Cyberstalking may include things like revenge porn, unsolicited messages, harassing posts, and things of that nature. Cyberstalking may lead to restraining orders, and your ex may be banned from contacting you in any way as a result.

Where Can I Find a Qualified, Experienced Family Law Attorney in Georgia? 

If you’re considering whether or not to get a restraining order, you may wish to discuss this matter further alongside an Atlanta family law attorney. Choose Kaye, Lembeck, Hitt & French to fight for your rights and safety in a confident, efficient manner. We can help you get the restraining order you need to protect yourself and your family members. Book your consultation today to get started.




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