Who Moves Out of the Family Home after I File for a Restraining Order?

Filing for a restraining order can feel like a daunting step for many reasons. You may be reluctant to point the finger at your spouse – even after years of abuse. You may worry about how this will affect your children. You might be concerned about your financial well-being after you lose the income that your ex was providing. However, an important concern to consider is the prospect of losing reliable housing. Will you be forced to move out of your family home if you file for a restraining order against your ex in Georgia?

You Can Stay in Your Family Home 

If you file for a restraining order against your spouse, you may have the option to stay in your family home. For example, you might suffer an incident of domestic abuse and call 9-11. The police may then arrive and take your spouse away. While your spouse is being booked and charged (and perhaps spending a certain amount of time in jail), you can quickly file for a temporary protective order (TPO). The court can then prohibit your spouse from coming into contact with you if the court order is approved. This means that they cannot legally return to the family home. You can continue to live there in safety along with your children or dependents. Your ex must then find another place to live while you move forward with other legal processes, including divorce or a permanent restraining order.

Of course, you can also choose to leave the family home if you wish. You might prefer to move to a new location that your spouse isn’t aware of, thereby giving yourself and your children another layer of security. You may be able to keep the location of your new home completely confidential. In this way, it is harder for your spouse to harm you even if they decide to disobey the protective order.

Who Pays for My Living Expenses? 

In certain situations, your spouse may be ordered to continue paying your living expenses – even if they are prevented from returning to the family home. This might include rent, mortgage payments, food, utilities, and so on. The logic here is to provide you with a sense of security and safety. Many spouses are hesitant to file for divorce or pursue restraining orders because they’re concerned about financial limitations. You should know that these issues can be circumvented – especially if you get help from an experienced family law attorney. You shouldn’t hesitate to pursue safety out of financial concerns.

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

 If you’ve been searching for a qualified, experienced family law attorney in Georgia, look no further than Kaye, Lembeck, Hitt & French. We know that the decision to file a protective order is a major step, and you may be worried about your life changing in many different ways. The best way to address these fears and concerns is to speak with us at your earliest convenience. Book a consultation today, and you can learn more about how a restraining order might affect your life. Of course, if you are in immediate danger, it is always best to call 9-11.

Sources: 

womenslaw.org/laws/general/restraining-orders#node-74173

georgia.gov/get-protective-order