A family residence should be a safe place, but violence does occur in some homes. If you or a member of your household has been the victim of domestic abuse, legal assistance could be available from a skilled family law attorney.
Those who suffer physical harm or other violent acts may have recourse to initiate criminal charges against their assailants, as well as other legal procedures in family court. An experienced Alpharetta family violence lawyer from our team can help you understand how to advocate for your rights during this difficult time in your life.
There are various statutes and programs which are dedicated to domestic violence intervention. Official Code of Georgia Annotated §19-13-10 defines this crime as battery, assault, criminal damage to property, and criminal trespass among family or household members. According to the Bureau of Justice Statistics, most episodes involve simple assault, and about 75 percent of family incidents occur in or near a residence.
There may be witnesses to the frightening events which transpire between fighting family members, including children. An Alpharetta family violence attorney can assist victims of domestic assaults, as well as those who have the misfortune of observing a traumatic altercation.
A divorced parent may not want to allow a violent former spouse to spend time with their children. Accordingly, they may be able to request a change to their child custody order if the welfare of their kids is endangered.
Per O.C.G.A. §19-9-7, though, a Georgia family court may allow child visitation or parenting time to a parent who has committed family violence as long as steps are taken to ensure the children’s safety. A judge may order the implementation of certain safeguards and protective measures to promote the safety of children of violent parents during visitation, including the following:
A family court may not order a victim to attend joint counseling with the perpetrator. Moreover, if the court does allow parenting time to an offending parent, the victim’s address may be kept confidential. A knowledgeable household violence attorney in Alpharetta could explain more about child visitation orders involving a dangerous parent.
If household violence has occurred in or near a residence, a victim may seek a restraining order against the assailant. O.C.G.A. §19-13-4 allows family courts to issue a temporary or long-term protective order to promote the safety of household members who are in danger of recurring violence.
For example, protective orders may demand that a perpetrator move out of the home and stay away from the members of the household. They can also mandate psychological or psychiatric services for an assailant. Dedicated legal counsel in Alpharetta with experience with family violence cases would be familiar with restraining orders and how they keep a family safe.
A family’s home should be a safe and loving place. If your household has become dangerous, our team may be able to offer beneficial advice and assistance. Once retained, an Alpharetta family violence lawyer can help you restore your home’s safety. Call our firm today to schedule a consultation with our intake team.
By: Christopher C