People who suffer harm due to family violence have options for seeking support and safety from the legal system. In addition to the possibility of criminal charges filed against the abuser, survivors of family violence could also seek help through the civil justice system with the assistance of a seasoned family attorney.
You deserve legal counsel that will advocate for your rights and assist you every step along the way. Pursuing remedies like protective orders in civil court can put you on the path to a happier, safer life. Let a Suwanee family violence lawyer assist you during this challenging time.
Family violence is a legal term that describes specific criminal acts of harm against another person. These actions can include physical, emotional, and mental abuse, stalking, or other forms of harassment. These acts are unlawful, no matter who they target. However, there are additional consequences when a family or household member is involved.
According to Georgia law, a family or household member can include a:
A trusted Suwanee attorney from our firm can help you understand what steps to take next when you are the target of family violence.
One of the primary ways the Georgia family courts can protect survivors of family violence is through issuing protective orders. A protective order can have different terms, but the purpose is to prevent the abuser from continuing the abuse or from having contact with a survivor.
Unlike many other types of legal proceedings, family courts have the power to enter a protective order before the accused has the opportunity to participate in the process. These are known as ex-parte orders and are often issued immediately after an alleged act of family violence. It is essential to understand that ex-parte orders are temporary, and they only last until there is time for all parties to appear in court.
The judge will decide whether the emergency protective order should be extended or removed. This decision is made based on the case both sides make in court. Having a skilled Suwanee family violence attorney on your side can make a difference in how you present your information to the judge and can impact the outcome of your case.
If the Georgia family court system finds that there is a valid reason to grant an extension on an emergency protection order, it may issue a restraining order for up to one year. This could significantly restrict the abuser’s parental rights and living situation.
The terms of a protective or restraining order can vary from one case to another. The terms of an ex parte order may be identical to the restraining order that follows, but that is not always the case. Order provisions may require the restrained party to:
If a person does not comply with the provisions of a protective order, they could face serious criminal sanctions. Obtaining an order that appropriately reflects the survivor’s needs can be challenging without help. Thankfully, an experienced Suwanee family violence attorney can assist with every step of the process.
If you are a survivor of family violence, you have steps you can take to protect yourself. The legal system provides important options for survivors, including the prospect of a restraining order.
You do not have to navigate the complex process on your own. Reach out to a Suwanee family violence lawyer from the Atlanta Divorce Law Group right away for compassionate guidance.