Atlanta Protective & Restraining Order Lawyers
Protecting You & Your Family Against Violence & Abuse
The issue of domestic violence is one that every state must deal with. Unfortunately, family violence is a common occurrence across the country and in the state of Georgia. It consists of actual physical violence, psychological abuse, financial abuse, elder abuse, stalking, harassment, and threats of harm. When violence or threat of violence occurs in a domestic situation, those who are affected can seek help from family courts which can result in protective orders, also referred to as restraining orders.
If you or someone you know has suffered some type of domestic violence or threat of harm, you should seek legal help. At KF Law, LLC, our superb team of family law attorneys can take the necessary steps to ensure that you as well as your children are protected. A temporary protective order (TPO) can be filed with the court on your behalf which may later be extended to a longer period of time. Alternatively, if you have been subject to such an order that you believe is unfair or unjust, you can turn to us to help you present your side of the story to the judge. Either way, we strongly recommend that you get the help you need from our firm at such a critical time.
Protective Orders in Georgia
When faced with a domestic violence situation, a petition can be filed with the court on your behalf for what is referred to as an “ex parte” protective order. These orders order certain restrictions and actions to be done by the individual accused of the abuse. They can be ordered by the court when presented with the facts of violence or threat of violence without the presence of the accused. A hearing is then scheduled at a later date in which both parties can appear and present evidence backing up their respective claims. At that time, the petitioner may seek a longer duration for the order, such as for the next 12 months or for a permanent protective order of a much longer duration. Should the order expire, the petitioner can seek to have it renewed.
These orders can protect not only the petitioner but also children and other household or family members. They are enforceable by law enforcement and, if violated, can result in jail time and a fine of up to $10,000.
Family violence can consist of various actions, including assault, battery, stalking, damage to property or pets, criminal trespass, unlawful restraint, and threats of such actions. Threats can include threats of harm to the petitioner as well as harm to children or other individuals.
What Does a Protective Order Do?
The directives laid out in protective orders can include the following:
- Order the abuser to stop his or her abusive, threatening, or violent actions
- Order the abuser against making any type of contact with the protected person and anyone else included in the court order
- Order the abuser to vacate the home
- Order the abuser to provide child support, spousal support, or turn over some other property or asset to the petitioner
- Award child custody to the petitioner with or without visitation rights for the other party depending on the circumstances
- Order the abuser to pay for court costs and legal fees
- Order the abuser to pay restitution for any medical expenses or property damage
- Order the abuser to complete psychological counseling or a batterer’ program
As you can see, a protective order can have a dramatic effect on the life and conditions of the defendant. If you are the defendant in any matter related to such orders, you will need to ensure that you have proper representation. Unfortunately, allegations of domestic violence are often made during bitter divorce and family disputes when one party wishes to gain the upper hand over the other. You will need to fight to provide proof against any false accusations in court.
Get the Legal Counsel You Need for Family Law Issues
Our Atlanta protective/restraining order attorneys bring decades of experience to any family violence case. We represent clients on both sides of the issue. Whether you need protection from a serious case of abuse or need representation to preserve your good name, parental, and other legal rights against false allegations, we are here to zealously pursue your best interests.
Work with a seasoned family lawyer today. Call us at (678) 326-4611 to get started.