When violence occurs between family members or those who live in the same household, it can be a sensitive and overwhelming time. In these instances, the law provides a useful framework to prevent any further harm.

If you have been physically hurt by a loved one, reach out to a Cherokee County family violence lawyer. An experienced attorney can present your case to a judge and work toward an outcome that benefits you, your children, and the rest of your family.

Laws Regarding Family Violence

Georgia statutes provide special expedited procedures in cases of family violence. The law codified in Official Code of Georgia Annotated §19-13-3 supplies the framework for filing for a protective order, also referred to as a restraining order, against a member of the family.

To secure a protective order, the petitioner must provide specific facts that show violence occurring in the past, which could predict future acts of harm. If the court is satisfied with the argument, it can issue an order to help protect the petitioner and their children from further injury.

Who is Covered by Family Violence Laws?

Importantly, the family violence statute only covers incidents between the following people:

  • Those who are or were spouses;
  • Parents of the same child;
  • Parents and their stepchildren;
  • Foster parents and foster children;
  • Any other individuals who reside or used to reside in the same household.

Examples of Acts of Family Violence

Under the law, family violence does not include reasonable child discipline but could be constituted by a variety of acts, such as:

  • Battery and assault;
  • Stalking;
  • Trespassing;
  • Property damage.

Victims of these forms of harm should consult a knowledgeable family violence lawyer to explain the relevant laws in Cherokee County and get the support they need.

Legal Options for Preventing Family Violence

Georgia law allows a court to issue a protective order against a violent family member who has previously harmed their relatives. The Georgia court may also make orders on a range of issues to help victims of family violence. Specifically, the court may:

  • Exclude the potentially violent family member from the home;
  • Order a spouse to provide a suitable alternative home for family members;
  • Order the potentially violent family member to cease any harassment;
  • Order child support or spousal support;
  • Divide property;
  • Award attorney’s fees to either party;
  • Award temporary child custody and make visitation orders.

Significantly, after a court order is made, the clerk of courts issues the order to the local sheriff. This gives family violence victims peace of mind and valuable protection from nearby law enforcement who must enforce the order. Those who have been harmed by a violent relative in Cherokee County should immediately contact a local attorney to assist in pursuing any necessary protection orders.

Speak with a Cherokee County Family Violence Attorney Today

In instances of family violence, there is no time to waste. If you have reason to believe that you, your child, or a loved one is at risk of being injured by a family member, legal support is available. An experienced Cherokee County family violence lawyer can gather evidence and present it to a court to pursue the protection you need. Call today to schedule a consultation with a member of our team.

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