Can You Get a Restraining Order Against an Ex-Husband in Atlanta?

If you’re familiar with protective orders in Georgia (also known as restraining orders), you may know that these legal protections often help deter domestic violence. You might also know that you can get a protective order against a “household member.” But what if the person abusing or harassing you is no longer living in your home? What if you need protection against an ex-husband? This is a question you might want to raise with an experienced domestic violence attorney in Atlanta.

Protective Orders Apply to Current and Former Spouses

Even if you are no longer in a relationship with your spouse, you can still obtain a protective order against them. Georgia law is clear on this subject, and protective orders are possible in a wide range of circumstances. You can obtain one of these protective orders even if you never married your abuser. It is also possible to obtain a family violence protective order if you share a child with your abuser, even if you never married them.

What if I Started Dating My Ex Again?

If you started dating your ex after ending a marriage with them, you can still obtain a protective order. In fact, you may only need to establish that you dated the individual in question for a few days in order to qualify for a protective order. This might be someone you met on a dating app, and you do not need to establish a long-term connection in order to qualify for a protective order. What matters is the conduct of the person against whom you are trying to get a protective order.

Can I Get a Protective Order During My Divorce Proceedings?

Yes, you can pursue a protective order as you proceed with your divorce. In some situations, family judges presiding over divorces conclude that protective orders are necessary. For example, you might file for divorce shortly after a violent or threatening situation. In this case, a judge might issue a protective order against your former spouse as one of the first steps in the overall divorce process.

Note that your ex would likely need to leave the family home in this scenario. The conditions of the divorce and the protective order may also force them to pay temporary support, helping you cover mortgage/rent, childcare costs, and other expenses.

Always Dial 911 if You Are in Immediate Danger

If you face immediate danger, you should call 911 instead of considering a protective order. While you can obtain a temporary restraining order relatively quickly, police officers provide the fastest type of protection in emergency situations where protection is needed immediately.

Can a Family Law Attorney in Atlanta Help Me? 

A family law attorney in Atlanta should be able to help you pursue a protective order, even if you are no longer in a relationship with the person abusing or harassing you. Georgia law clearly states that domestic violence protective orders may apply to both current and former spouses. To learn more about the next steps, contact Kaye, Lembeck, Hitt & French today.

Sources:

 georgia.gov/get-protective-order

womenslaw.org/laws/ga/restraining-orders/family-violence-protective-orders/who-can-get-family-violence-0