Gwinnett County Restraining Order Lawyer
If an estranged spouse or someone else is harassing or harming you, you do not have to allow it to continue. Depending on the circumstances, you may have grounds to initiate criminal charges against your assailant.
You should also contact a capable family violence attorney about the remedial measures available to victims of stalking, physical harm, harassment, or domestic assault. An adept Gwinnett County restraining order lawyer can support you throughout any court proceedings and help you pursue a favorable outcome.
What Goes into Obtaining a Temporary Protection Order?
A person who is the target of violence may petition for a temporary protective order (TPO) from the perpetrator. Official Code of Georgia Annotated §19-13-3 allows a judge to issue a TPO when relevant facts indicate that violence has occurred and is likely to occur again in the future.
This application would be filed ex parte, meaning that it can be issued without notice to the alleged abuser. If the court finds that there is probable cause to grant an emergency TPO, a copy of the decree can be provided to the petitioner.
A temporary protective order may last between ten and 30 days, pending a follow-up court date for which the violent actor may be given notice. A skilled restraining order attorney in Gwinnett County can provide strong advocacy during a preliminary hearing and subsequent proceedings.
Restraining Order Hearings
After a hearing at which both parties may be present, a local court may issue a restraining order to promote the safety of the petitioner and their family. Per O.C.G.A. §19-13-4, the judiciary would consider the presented facts when determining whether a restraining order is warranted.
An order of protection generally remains in effect for 12 months or less. However, the court may be within its discretion to extend the order for an additional three years or make it permanent. A seasoned restraining order lawyer in Gwinnett County may have valuable experience with protection order proceedings.
What Happens after a Violation of a Protection Order?
Recipients of a TPO or restraining order may fear that their abuser or stalker could ignore an order of protection. However, O.C.G.A. §19-13-6 states that the violation of a restraining order could result in contempt charges as well as criminal prosecution.
Other Available Remedies
A petitioner who obtains an order of protection may still pursue monetary damages. A survivor of violence might also consider filing a civil lawsuit against the offender.
Under O.C.G.A. §23-3-1, monetary recovery may be available even if a claimant has already obtained injunctive relief through a protective order. Furthermore, civil plaintiffs may be entitled to both legal and equitable remedial measures. A diligent lawyer in Gwinnett County who has experience with restraining order cases would be familiar with how to transition from a criminal suit to civil litigation.
Speak with a Gwinnett County Restraining Order Attorney Today
If you have survived assault and battery or harassment, you can fight back with the help of qualified legal counsel. A Gwinnett County restraining order lawyer can vigorously advocate for you throughout the court process, so call today to start pursuing your peace of mind.
