Georgia law imposes substantial penalties on individuals who have committed family violence and provides legal recourse for survivors to protect themselves and their children against threats of abuse. If you are dealing with family violence in Milton, it may be in your best interest to speak with a compassionate attorney to learn more about your protections under the law. A Milton family violence lawyer can fight tirelessly on your behalf to protect your rights and ensure the safety of you and your children.
According to Official Code of Georgia Annotated §19-13-1, family violence involves battery, assault, or other types of felonies committed against members of the same household. For example, abuse which occurs between spouses, parents and their children, and people who are living together under the same roof may form the basis of a successful family violence case in Milton.
A survivor of household violence can file a petition with the family court to obtain a protective order. If granted, the order would prevent the alleged abuser from having any contact with the petitioner, among other potential provisions. The order could also be used as valuable evidence against the abuser’s rights to custody during a divorce or separation. A violation of a protective order could subject the offender to high fines and up to one year in prison.
Instances of family violence are treated very harshly in Milton. Whether you have been subjected to this type of abuse, or someone has accused you of committing family violence, a local attorney can advise you on your legal rights and guide you through every step of the legal process.
State law provides two options for obtaining legal protection from family violence: ex parte orders and family violence protective orders. An ex parte order is temporary with a maximum duration of 30 days, while a family violence protective order could remain in effect for up to one year.
An ex parte, or temporary protective order, is intended to keep the accused away from the alleged victim while they await a formal hearing. This order may include specific provisions like the precise distance the abuser must stay away from the petitioner and no-contact orders. Ex parte orders are issued on an emergency basis and may be granted without notifying the accused party.
Each party would be given the chance to present their case along with any supporting evidence at a hearing after the expiration of the emergency protection order. Upon hearing and reviewing the evidence presented by both sides, the court may grant a family violence protective order. A Milton family violence attorney can represent individuals who are filing for legal protection or those who are facing allegations of abuse fight for a positive outcome.
When family violence impacts you or affects your loved ones, strong legal representation can maximize the likelihood of achieving a successful outcome. A Milton family violence lawyer can provide unwavering support and effectively advocate for your interests before a judge. Call our intake team now to discuss your options.
Atlanta Divorce Law Group