If you are being subjected to stalking, harassment, or family violence, there may be legal recourse available to protect you from suffering more harm. Survivors of abuse should discuss the benefits of a restraining order with a seasoned family violence attorney.
Legally binding protection orders prohibit the restrained party from engaging in certain behaviors and can give police the option to arrest them if they violate any terms. A skilled Fulton County restraining order lawyer can help you explore your options for seeking protection from further abuse.
Restraining orders are typically granted to provide legal protections to those who have suffered family violence, harassment, or stalking. These orders vary depending based on the facts of each case but may require the restrained party to:
Discussing available protections with a well-versed attorney typically yields the best results for survivors of abuse.
Those who have suffered abuse from a spouse or their children’s other parent may seek immediate protection under Official Code of Georgia Annotated §19-13-3, which allows Fulton County courts to issue a temporary protection order without giving notice to the opposing party. A judge may include orders regarding the use of a shared home, spousal support, and visitation with shared children.
A hearing must occur within 30 days of a temporary order to extend it or make it permanent. It is the responsibility of the person seeking protection to establish that family violence occurred and is likely to happen again. A compassionate Fulton County protection order attorney can help a petitioner present evidence to advocate for the necessity of legal protection.
Some restraining orders provide protection from behavior which does not meet the definition of family violence. For example, O.C.G.A. §16-5-94 allows a person to request a restraining order to stop stalking. Stalking typically entails following or contacting someone for purposes of harassment or intimidation. Qualified legal counsel can help a claimant put an end to unwanted contact by seeking a restraining order.
Violating a restraining order is contempt of court and and may warrant criminal charges. Family violence which occurs after a restraining order has been issued may lead to a misdemeanor and can result in the restrained party serving jail time for up to 12 months. Violations such as continued stalking may constitute felonious charges and can result in lengthy prison sentences.
The penalties for violating restraining orders are designed to deter a perpetrator from continuing abusive behaviors. A protected party can seek immediate help from law enforcement if their protection order is violated. A Fulton County lawyer who has experience with restraining order cases can explain a claimant’s options in the event of a violation which results in further harm.
You deserve to know that you and your home are safe. Recovering from domestic violence and similar crimes is not an easy task, but a restraining order may help keep you safe from abuse in the future. You can benefit from speaking to a diligent Fulton County restraining order lawyer who can explain your options and help you seek protection. Call now to discuss your situation with our intake team.
Atlanta Divorce Law Group