Obtaining a protective order (sometimes called a restraining order) is an effective way to protect yourself and your children from household abuse. Protective orders are common in cases involving domestic violence, stalking, and psychological or emotional abuse.
Speaking with a Roswell protective order lawyer can be an important first step toward getting the protection you and your family need. A family violence attorney can help explain how a protective order may impact your child custody arrangement and other related issues.
State law provides options for safeguarding yourself and your loved ones from domestic abuse. For example, a protective order issued by a local family court would require someone to refrain from certain activities. For example, it can provide protection against domestic violence by ordering the restrained party to:
To obtain a protection order, you must file a petition describing the nature of the domestic abuse and request that the court prevent it from happening again. Subsequently, a judge may issue an ex parte order of protection and schedule a hearing to take place within 30 days to give the alleged abuser an opportunity to testify. Ex parte orders may be issued without the consent of the restrained party and are typically granted in emergency situations.
After the hearing where both parties have had a chance to present evidence, the judge will have the discretion to issue a family violence protection order to remain in effect for up to one year. One of our skilled Roswell attorneys can help survivors establish their need for legal protection or help a wrongfully accused individual refute the need for a protective order.
While they usually last for one year, a family violence protective order can be extended for up to three years at a judge’s discretion. To issue such an order, a court must find that there is a domestic relationship between the parties, that violence or sincere threat of violence has occurred between them, and that there is need for protection against future acts of violence.
Stalking occurs when someone harasses or intimidates another person by following or repeatedly contacting them against their wishes. A stalking protective order can be issued to prevent contact between individuals. Violating a protective order is a crime in our area and could lead to contempt of court charges, a misdemeanor, one year in jail, and a fine of up to $1,000.
Divorcing couples in Roswell automatically obtain mutual protective orders, or MROs, against one another. An MRO is a “watered down” type of protective order that is designed to preserve the status quo while the divorce is pending. In practice, an MRO can prohibit spouses from selling or transferring marital assets, cancel insurance coverage, or leave the state with any children they share.
It is vital to take swift action when seeking protection from an abusive spouse, partner, or roommate. State law provides various mechanisms for making sure you stay protected against future violent acts. One of our well-practiced Roswell protective order lawyers can help you understand your rights and options. Reach out to our intake team today to learn more about what you can do to protect yourself and your family.
Atlanta Divorce Law Group