A home should be a safe place for a family to thrive in, but unfortunately, some families are affected by violent behavior from one or more family members. If you are a survivor of family violence and want to ensure the safety of yourself and your children, you should seek the assistance of a knowledgeable family law attorney as soon as possible. The insight of a seasoned Gwinnett County family violence lawyer can be substantially beneficial during this turbulent time.
Official Code of Georgia §19-13-10 defines family violence as criminal trespass or damage to property, battery, or assault between the members of a family or household. Three out of four instances of family violence occur in or near a residence, according to the Bureau of Justice Statistics. Furthermore, about 10 percent of all violent crimes involve family members, the majority of which involve simple assault.
O.C.G.A. §19-13-3 allows a victim of household violence to file a petition to seek relief from family aggression. Emergency orders may be obtained ex parte, meaning there would be no need to notify the alleged abuser.
Following the issuance of an emergency protection order, a hearing should be scheduled within ten to 30 days. At this hearing, the court may issue a protective order for a longer period of time which includes several safety measures for the benefit of the household.
For example, a judge may order an abuser to move out of the family house and keep away from the involved relatives. If the victim of aggression left their residence for their own safety, a court could evict their assailant and facilitate the victim’s return home.
Additionally, someone who has been ordered to stay away from a family could be ordered to pay spousal and child support or undergo a psychological evaluation. A skilled Gwinnett County family violence attorney can help to request additional safeguards in a petition for a protective order.
A victim of domestic violence may not want to allow their unpredictable ex-spouse to spend time with their kids. As such, a local court may agree to rescind or modify a child custody agreement as long as it serves the children’s best interests.
Per O.C.G.A. §19-9-7, a Gwinnett County court may allow a perpetrator of family violence to have parenting time with their kids under certain conditions. For example, a judge may order the implementation of protective measures to keep the children safe during ordered visitation. Exchanges which take place in protected settings and supervised visitation by an approved agency can promote the safety of children of violent parents.
Likewise, some visitation decrees may require an offending parent to pay a bond which they would forfeit if they do not return the children safely and on time. A dedicated family violence lawyer in Gwinnett County can advocate for court orders that promote the safety of your children.
If you have survived abuse from a family member and need help, it might be beneficial to call a steadfast attorney who has experience with these kinds of cases. Qualified legal counsel can petition the court for relief from family violence and put you in touch with other local resources.
An experienced Gwinnett County family violence lawyer can become a strong advocate in your favor so that you can protect both yourself and your loved ones. For more information, call our firm today to set up a meeting with our intake team.
Atlanta Divorce Law Group