Will My Ex Go to Prison if I Get a Restraining Order Against Them?
Despite your concerns about your own safety, you might also be worried that your ex will face excessive penalties if you get a restraining order against them. Perhaps all you really want is for your ex to stay away, and you’re not comfortable with them getting arrested or incarcerated. This is a common concern for many victims of abuse, harassment, and stalking in Georgia. An Atlanta family law attorney can help you clear up any misunderstandings about this subject.
Your Ex Will Only Go to Jail if They Violate a Restraining Order
A restraining order itself does not trigger any criminal penalties or jail time. This entire process occurs in civil courts, which have no authority to sentence people for crimes. Instead, these courts only attempt to protect vulnerable people with restraining orders.
A respondent (for example, your ex) will only face criminal penalties if they violate the restraining order. These penalties can be quite severe, and your ex could spend time in jail if they commit this offense. As a result, a restraining order merely raises the possibility of incarceration. It does not automatically send your ex to jail or prison.
Your Ex Might Face a Restraining Order After Committing a Crime
That said, your ex might face a restraining order after committing a legitimate crime. These crimes might include domestic violence, stalking, and other offenses. If law enforcement has arrested your ex for one of these crimes, you do not have complete control over what happens to them next. A prosecutors may attempt to convict them regardless of what you do.
That said, you may be able to speak with prosecutors or testify in court about your preference for lenient penalties. You might also tell them that you do not want to testify as a witness, which could make it more difficult for prosecutors to convict your ex.
However, you should be careful about these kinds of actions. Many abused victims become overly forgiving of violent individuals. Your safety should come first, and this is why restraining orders are so useful.
If your ex has been convicted of a crime in the past, it might be easier to obtain a restraining order. With clear evidence of their threatening behavior in the criminal record, judges can see that this individual is dangerous. However, your ex does not need to be convicted of a crime in order to obtain a restraining order. Your lawyer can help you prove that they represent a threat even in the absence of a criminal record.
Can a Family Law Attorney in Atlanta Help With Restraining Orders?
Yes, a family law attorney in Atlanta can help you obtain a restraining order against your abuser. Kaye, Lembeck, Hitt & French Family Law understands that you might feel concerned about your ex’s safety in this situation. Rest assured that restraining orders go through civil courts and not criminal courts. As a result, a restraining order will not inherently trigger an arrest. Book a consultation with us today to learn more about this subject.
Sources:
womenslaw.org/laws/ga/restraining-orders/all
georgia.gov/get-protective-order
