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.
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.
Importantly, the family violence statute only covers incidents between the following people:
Under the law, family violence does not include reasonable child discipline but could be constituted by a variety of acts, such as:
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.
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:
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.
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.
Atlanta Divorce Law Group