If someone in your household is subjecting you and your children to abuse, a local family court may be able to issue a restraining order to protect your family. A seasoned family violence attorney can help you protect yourself and your kids from abuse or harassment taking place in your household.
A protection order could help keep you safe from future abuse. A Johns Creek restraining order lawyer can advise you on how to petition the court for legal protection against the person who is threatening you.
If a person experiencing household violence files a petition for protection under Official Code of Georgia Annotated §19-13-3(a), they may be able to obtain a temporary protection order, or TPO, immediately upon request. A claimant must prove that the abuse is likely to continue without court intervention in order to qualify for a TPO.
A court-ordered TPO does not require attendance or response from the alleged perpetrator. A judge can issue a restraining order right away if probable cause of family violence is established. Therefore, a person seeking relief from domestic abuse should consult a skilled Johns Creek protection order attorney about providing accurate and detailed information in their petition.
A TPO is only valid for 30 days according to O.C.G.A. §19-13-3(c), so Georgia courts would hold a hearing to determine whether a restraining order should be extended or made permanent.
In order to gain permanent relief, the petitioner must ensure that the accused party is properly served with copies of the restraining order and notice of the hearing. The perpetrator has the right to appear at the hearing and present their own case and arguments to defend against allegations of household violence.
Facing an abuser in court can be a difficult undertaking, but an experienced restraining order lawyer in Johns Creek would be a valuable ally in seeking legal protection.
If the court determines that a restraining order is needed, it may include a variety of terms to protect the petitioner. For example, restraining orders may feature terms which:
The law imposes strict consequences for a restrained person who violates the terms of these orders. Violations could result in an immediate arrest, contempt of court, and even criminal charges.
A survivor of abuse may not know what terms are available or how to convince a judge that a particular condition is necessary. A Johns Creek attorney with restraining order experience can help them advocate for legal relief from further household violence.
If you have experienced abuse, threats, or family violence, you may be able to take action to protect yourself and your kids. A Johns Creek restraining order lawyer can help prevent abusive behavior from a spouse, former partner, or relative.
Domestic abuse is a frightening and unsettling experience, but legal action could give you the power to start moving forward. Obtaining a protection order from a judge may be the first step in feeling safe again. Call our intake today for a consultation.
Atlanta Divorce Law Group