Georgia law takes family violence extremely seriously and imposes both criminal and civil penalties on convicted perpetrators. If you and your children have been affected by household abuse or are facing accusations of this nature, you should talk to an Atlanta family violence lawyer. A skilled family law attorney can help you understand the legal nuances of your case and discuss potential outcomes which may affect your and your children’s futures.

Essential Elements of Household Abuse Cases

To constitute family violence, the action must involve individuals who have specific relationship to one another. According to Official Code of Georgia Annotated §19-13-1, parties to a family law case include individuals who are either married or divorced, a stepparent and their stepchild, people living under the same roof or who used to live together, and two unmarried individuals who share a child.

For an action to be considered family violence, it must involve a specific category of offense. Common types of family violence charges include stalking, battery, criminal trespass, and simple assault.

Obtaining Emergency Protection

If one party submits a petition for a temporary protective order, the court may issue ex parte relief. An ex parte order only remains in effect until a hearing takes place where the accused party can defend against the allegations.

For someone wrongfully accused of committing family violence, an attorney from our firm can build a powerful defense strategy and present it to a local judge at a hearing.

The court has discretion to issue emergency protection if abuse is alleged. An Atlanta family violence attorney can assist a survivor with filing a petition for temporary relief by gathering the necessary documentation and testimony needed to support their claim.

Restraining Orders

If the court finds after a hearing that there is a valid reason to grant an extension on an emergency protection order, it may issue a restraining order for up to one year. A family violence protective order could place significant restrictions on the abuser’s liberty of movement, custodial rights, and living situation.

Common Order Provisions

The provisions contained in ex parte and restraining orders vary according to the circumstances of each case. A temporary or permanent protection order may require the restrained party to:

  • Refrain from any communication or contact with the protected party;
  • Leave their home while the petitioner stays there;
  • Pay child or spousal support; and
  • Seek counseling.

If an individual does not comply with the provisions of a protective order, they could face severe criminal sanctions. Fortunately, an Atlanta lawyer can help a survivor of abuse obtain these protections or assist a wrongfully accused individual in defending against unwarranted restrictions.

Call an Atlanta Family Violence Attorney Today

Family violence can have a long-lasting, devastating effect on your life and wellbeing. Likewise, accusations of committing a family violence offense can deprive you of access to your children. If you need help litigating a household abuse case, contact our intake team today to set up a confidential consultation with an Atlanta family violence lawyer.

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