If you fear for your safety from an estranged spouse or someone else, you may have legal recourse available to you. There are certain protective measures which can be implemented for people in danger of violence from others.
If you are being harassed, stalked, or physically harmed, it may be wise to contact a seasoned family violence attorney. A capable Alpharetta restraining order lawyer can help you with filing paperwork for a temporary protection order as well as attend hearings as your counsel.
When circumstances require emergency action, an Alpharetta court may accept an ex parte application for a temporary protective order (TPO). Because of its urgent nature, a TPO can be issued without a hearing before a judge, as well as without the presence of or notice to the person it is meant to keep away.
However, there must be probable cause to file such an order. Official Code of Georgia Annotated §19-13-3 mandates that the court consider facts which indicate that violence has occurred and is likely to happen again.
A TPO may remain in effect until a follow-up hearing is held or the decree is dismissed by the tribunal. A skilled Alpharetta restraining order attorney may be a valuable resource during this process.
O.C.G.A. §19-13-4 allows an Alpharetta court to issue a restraining order in order to promote the safety of a family who is in danger of domestic violence. A restraining order hearing can be scheduled between ten and 30 days within the issuance of a TPO.
At a follow-up hearing after a TPO, the courts may consider the facts which warrant a restraining order and issue a mutual decree for two parties to keep their distance from each other. When fashioning a decree of protection, an Alpharetta judge could:
A restraining order is generally effective for up to one year. However, the courts may extend an order for an additional three years or make it permanent. A knowledgeable restraining order lawyer in Alpharetta can represent a victim of family violence throughout protective order proceedings.
If someone is harassing you, stalking you, or threatening your safety, you may be able to seek legal remedy with help from an experienced Alpharetta restraining order lawyer. Legal counsel from our firm can also assist you with obtaining an emergency TPO and subsequently represent you at a follow-up hearing.
Seeking a restraining order might help you end your abuse or harassment and feel safer in your residence, and you might be able to change your current custody and visitation order as well. Call today to arrange a consultation with our intake team and learn more about your legal options.
Atlanta Divorce Law Group