If you are facing threat of violence from a family member or dealing with a stalker, you may need to petition a Georgia Superior court for a protective order. An Atlanta, GA restraining order lawyer from our team can review your situation and explain the types of legal protections that may be obtainable in your case. A family violence attorney can advocate for your rights, present all available evidence to a judge, and help you secure the protection you need to keep you and your children safe.
A family law judge can issue a restraining order to protect a survivor of domestic abuse from a violent household member. Restraining orders seek to limit the restricted party’s ability to contact and interact with the protected party – either temporarily or indefinitely. The courts can also order the immediate protection of a minor who is at risk of suffering family violence.
A temporary restraining order is designed to keep the survivor safe until they can present their case to a family law court, who may grant an extension of the order. A formal hearing would be held within 30 days of filing for protection. At this hearing, the perpetrator and the petitioner (with help from an Atlanta protective order lawyer) may defend their cases before a judge.
If the judge decides that it is appropriate to grant an extension to the restraining order, it could remain in place for up to another year. Extended restraining orders are known as family violence protective orders. In cases which warrant such measures, the judge may extend the family protective order for three years or permanently.
During divorce proceedings, it is within the presiding judge’s discretion to issue a restraining order if the situation warrants it. However, divorce restraining orders may not have the same stringent restrictions as a traditional protective order.
Unlike temporary and family violence protective orders, divorce restraining orders would not be submitted to the Georgia Protective Order Registry. For assistance with obtaining a divorce restraining order or petitioning for protection, it is best to enlist the services of an experienced family attorney.
Abuse can be inflicted physically, verbally, or mentally. If a person feels endangered by or at risk of harm from a family or household member, they should consider speaking with a Georgia restraining order attorney for assistance with filing this order. Protection orders can contain numerous provisions forbidding the abuser from certain actions or behaviors.
For example, it may require the restrained party to refrain from any contact with the petitioner, to stay away from their residence, or to keep a specific number of yards away from them. A restraining order could also compel the abuser to seek counseling or temporarily relinquish their custodial rights over their children.
If you need to file a restraining order against someone, you do not have to navigate the legal process alone. One of our Atlanta, GA restraining order lawyers can help you gather the proper documentation needed to file the petition and present a compelling case at your hearing to prove why legal protection is necessary. Contact our intake team today to schedule a confidential case consultation.