Protective Orders Against Family Violence

Restraining Orders Due to Family Violence

Georgia has aggressive laws regarding family violence. While the state works to fight against violent acts, they still occur, and those who are victims should immediately protect themselves.

Family violence can be acts of physical, sexual, or emotional abuse. These abuses can manifest in a number of situations. If you believe that your situation falls under this situation, it is important to contact the authorities and get help by filing a petition at your local Superior Court with the help of an attorney. A Family Violence Protective Order or Restraining Order is an order issued by a court to protect one or more individuals from violence in one’s home.

If you need a law firm to represent you as you pursue relief or defend yourself against allegations of abuse, contact South Atlanta Family Law.

Family Protective Orders

If you are the victim of family violence in the State of Georgia, a court will immediately issue a Temporary Protective Order (TPO) and hold a later hearing to decide on the permanency of the order. TPOs offer essential protection for individuals who fear for their safety or the safety of their children. Victims of family violence, abuse, stalking, or harassment should never have to endure such dangers that jeopardize the family’s safety and well-being.

Who Can Get a Family Violence Protective Order?

Family violence does not only pertain to spouses. There are numerous parties that can be affected by family violence. A protective order can be issued to a person and/or a minor child who has experienced an act of family violence by:

• A past or present spouse
• A parent, stepparent, or foster parent
• A child, stepchild, or foster child
• A roommate or former roommate

What Qualifies as an "Act of Violence?"

As stated previously, family violence is not limited to physical violence. There are many instances, including sexual and emotional abuse, that constitute family violence. Contact South Atlanta Family Law for assistance in securing a Family Violence Protective Order.

What Does a Temporary Protective Order Do for Me?

Depending on the facts of the case, TPOs can be in effect for three, six, or twelve months. This order can be beneficial in a number of ways including prohibiting contact, providing space between the parties, limiting the rights of the abuser to the children and some marital possessions. In some cases, TPOs can restrict the accused abuser’s rights to keep their guns.

In addition to these forms of civil relief, if the accused is found guilty and a Permanent Protective Order is put in place, they could face criminal charges for their actions as well.

What If I've Been Falsely Accused of Family Violence?

Fortunately, Georgia is proactive in helping victims of family violence. Unfortunately, there are people who abuse the system for personal gain. TPOs can be misused and abused by individuals who file for the wrong reasons, including retaliation for a breakup, or to give them an edge in a pending or future divorce or custody action. In such instances, we step in to defend individuals against abusive or unwarranted TPOs.

Take Action Immediately to Protect Yourself

If you are the victim of abuse, it is important to take action to protect yourself. If you need an attorney to help you file for a Protective Order, contact our firm. We will guide you through the process and represent you in the pursuit of justice. You can expect fast responsiveness and personalized attention to your case.

If you have been falsely accused of family violence, our firm will fight to protect your rights and hold the party accountable for the egregious abuse of Georgia law.