Being subjected to violence in your home might leave you feeling scared and angry. Legal remedies are available to protect you, your children, and other vulnerable family members.
For help with understanding your legal options to help prevent future violence, it is best to consult a diligent family law attorney. A skilled Forsyth County family violence lawyer can help you protect your family and defend your rights in court.
A common type of family violence is battery by a spouse, but it can happen between former partners, unmarried parents, and other members of the same household. Additionally, Official Code of Georgia Annotated §19-13-1 states that many criminal acts may constitute family violence such as certain felonies, stalking, damaging property, and trespassing. An experienced Forsyth County family violence attorney would be familiar with relevant laws and can build a strong case accordingly.
Family violence often occurs between parents. Parents who are separated and already have a child custody plan when abuse occurs may need to request modifications to protect the children’s safety. However, if there is no custody plan in place, a parent experiencing family violence should consider making one to keep their kids safe.
Forsyth County courts may award parenting time or visitation to a parent who has perpetrated family violence. However, a judge can only do this as long as adequate measures are available to the victim and their children, according to O.C.G.A. §19-9-7. A compassionate family violence lawyer in Forsyth County can work to uphold and defend your children’s safety in a custody order that represent’s your needs.
A judge may offer several legally binding precautions to protect the safety of a family experiencing domestic violence. For example, requiring estranged parents to exchange their children in a protected setting like a police department or public place, ordering that a third party or agency supervises visitation, prohibiting an abuser from consuming alcohol or drugs, limiting visitation or eliminating overnight parenting time, and issuing an order to keep the address of a victim and their children confidential can all promote a family’s safety in the event of abuse.
Additionally, O.C.G.A. §19-9-7 prevents local courts from requiring a victim of family violence to attend joint counseling with the perpetrator. A knowledgeable Forsyth County lawyer who is familiar with cases of family violence can help a parent understand their options and fight for safe custody provisions.
Whether or not there are children involved, a victim of family violence may need to seek additional protections by filing a petition for relief under O.C.G.A. §19-13-3. If a person makes sufficient allegations of family violence, a judge may issue a temporary order to help keep them safe from further abuse. These petitions for relief are sometimes known as protection or restraining orders.
Before a court can make an order permanent, the perpetrator must have a chance to respond to the allegations at a hearing. The person seeking protection must prove their abuser’s misconduct with the help of a dedicated lawyer in Forsyth County who focuses on family violence cases.
Taking steps to protect yourself and your loved ones after family violence has occurred may be understandably daunting. Fortunately, a qualified Forsyth County family violence lawyer could help you get the protection you need. Your family’s safety is important, so call today to speak with our intake team.
By: Catherine M