Family conflicts can be extremely stressful, but sometimes they become dangerous or frightening if one party becomes abusive. A seasoned family attorney can offer valuable insight into dealing with a violent family member or partner in court.

Certain laws provide protection for you and your children from aggression and household violence. If you are being subjected to abuse by a loved one, a skilled Johns Creek family violence lawyer can help you implement and enforce legal protection against them.

Defining Household Violence

Official Code of Georgia Annotated §19-13-1 defines family violence as abuse targeted against a household member. For example, the following behaviors may constitute household violence:

  • Any felony;
  • Battery;
  • Assault;
  • Stalking;
  • Damaging property;
  • Unlawful restraint; and
  • Criminal trespassing.

Family violence often occurs between spouses, but abuse committed by a former partner or any member of the same household may form the basis of a successful claim. A well-versed Johns Creek household violence attorney can help a claimant feel safe again after they have experienced abuse in their home.

Legal Protection Against Abuse from a Loved One

The court may need to take special precautions when handling divorce or child custody cases if there is evidence or history of family violence. Under O.C.G.A. §19-9-7(a), a local Georgia court may only award visitation or parenting time to a perpetrator of family violence if provisions are implemented for the safety of the victim and their children. For instance, a judge may order:

  • Exchanges to take place in a protected setting;
  • Supervised parenting time;
  • Prohibited or limited overnight visitation;
  • The perpetrator to refrain from consuming drugs or alcohol; and
  • The perpetrator to attend and complete a family violence program.

Sometimes family violence occurs before a divorce or custody case has begun. Other times family violence may be perpetrated by a household member who is not a spouse or co-parent. The law still offers protection under these circumstances.

Any person who experiences family violence and believes it is likely to happen again may seek a protection order, according to O.C.G.A. §19-13-3. These orders may offer immediate relief and protection from abuse, threats, and harassment. Regardless of a person’s marital status, a judge could issue orders about possession of a shared home, access to personal property, and other conditions to help keep a family safe.

Abuse and aggressive actions can make a home feel unsafe. Fortunately, a knowledgeable Johns Creek lawyer who is familiar with domestic abuse cases can work to protect a claimant’s safety during a divorce or custody case.

A Johns Creek Family Violence Attorney Can Help You Gain Protection

If family violence happened in your home, compassionate legal counsel can help you fight back. You may be entitled to legal protection for yourself, your children, and other members of your household.

Standing up to an abuser in court is not always easy, but a Johns Creek family violence lawyer can be a strong and qualified advocate for you. Call today to speak with our intake about getting started.

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Atlanta Divorce Law Group

Sara Khaki
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Atlanta Divorce Law Group
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