A restraining order can offer additional protection to those experiencing harassment, stalking, or domestic abuse. A skilled family violence attorney can assist you in obtaining a protection order that gives law enforcement the power to protect you from an abusive party.
To successfully obtain a restraining order, you must file detailed paperwork with the courts and will likely need to attend a hearing against the perpetrator. A knowledgeable Cobb County restraining order lawyer can help you with this legal process and advocate for your and your family’s safety in court.
Petitioning for a Temporary Protection Order
A survivor of abuse may ask the court for immediate protection under Official Code of Georgia Annotated §19-13-3 and must file a verified petition alleging that family violence occurred and is likely to happen again. This option is especially useful for those who are in immediate danger of further abuse.
A judge can grant a temporary protection order without giving notice to the accused party when circumstances warrant it. However, a temporary restraining order is usually only valid for 30 days. Adhering to court procedures and presenting sufficient evidence to protect yourself and your family can be made easier with help from a diligent Cobb County protection order attorney.
Obtaining a Permanent Restraining Order
A hearing for a restraining order must take place within 30 days of an initial petition. The accused party must receive notice of the hearing and can appear and respond to any allegations of abuse. The petitioner is responsible for proving their claims with a preponderance of evidence. If the latter is successful, a judge may extend their otherwise temporary restraining order. Facing an abuser or perpetrator of family violence in court may be difficult without advocacy from an experienced Cobb County lawyer who is familiar with crafting sufficient restraining orders.
Legally Binding Terms of Protection
A restraining order can include many terms to stop future acts of violence and protect a survivor. For example, O.C.G.A. §19-13-4 allows a presiding judge to order the restrained party to stay away from the petitioner’s residence or receive counseling and similar psychological services.
A restrained party who violates any of the terms in a protection order against them may be arrested, charged with a crime, or held in contempt of court. A dedicated restraining order lawyer in Cobb County can fight for terms that will benefit your safety and wellbeing.
Let a Cobb County Restraining Order Attorney Advocate for Your Safety
Being the target of harassment, stalking, or abuse from a former spouse, partner, or family member may leave you feeling upset, angry, and unsafe in your own home. A restraining order is useful in these situations, but engaging the legal process by yourself can be a formidable task.
A Cobb County restraining order lawyer can work to obtain adequate safety provisions for you and your family. You do not have to face getting a restraining order on your own, call our intake team today for advice on how to move forward.
