If you endured domestic violence, stalking, or abuse, you could benefit from speaking to a compassionate family violence attorney about a restraining order which may help shield you from future misconduct.
Unfortunately, abusive behavior tends to escalate, so survivors should consider getting protection as soon as possible. A Sandy Springs restraining order lawyer can help you obtain immediate legal protections.
A person may be able to obtain a restraining order immediately upon alleging incidents of family violence. A judge may issue a temporary protection order for up to 30 days without holding a hearing for the other party to respond to the allegations.
However, for this legal protection to continue beyond 30 days, the court must conduct a hearing. Official Code of Georgia Annotated §19-13-3(c) requires the petitioner to prove by a preponderance of evidence that their allegations are true. The restrained party has a right to present their case and respond in court.
If the petitioner proves family violence took place, the court may issue a restraining order for up to one year or a permanent order, according to O.C.G.A. §19-13-4(c). A Sandy Springs protection order attorney can provide guidance for a survivor and advocate for their safety in the courtroom.
A victim of stalking may seek a restraining order under O.C.G.A. §16-5-94 even if there is no domestic violence involved. The procedures and penalties relating to these restraining orders are similar to those in cases of family violence. Knowledgeable legal counsel can assist a person experiencing threatening or unwanted contact in understanding how a protection order could help.
If a judge grants a restraining order in a case of family violence, many terms may be included for the petitioner’s protection. According to O.C.G.A. §19-13-4, a restraining order can:
A judge may also enter other orders deemed necessary for the safety of the survivor or their children. Advice from a restraining order lawyer in Sandy Springs can help a person obtain the terms they need to feel safe again.
Law enforcement can immediately arrest a restrained party who violates a restraining order. Many violations of protection orders are considered misdemeanor crimes under O.C.G.A. §16-5-95. Some restraining order violations may result in felony charges, like when a restrained party stalks or intimidates the protected party.
Violations of restraining orders may also be considered contempt of court. Planning for potential violations can help ensure a safer environment for a survivor and their affected family. A protected person may wish to prepare by keeping a copy of the order with them or informing neighbors or other family members about the potential danger.
Capable legal counsel can help you follow the rules and procedures needed to get a restraining order and advocate for your safety in court. a Sandy Springs restraining order lawyer can also help determine what terms to ask for help you plan for enforcing legal protections.
Navigating the legal system after experiencing harassment or abuse can be a daunting task, but a skilled attorney can be a valuable ally. Get guidance today by calling our intake team.
Atlanta Divorce Law Group