Representing Georgia Clients During a Protective Order Filing
Georgia has aggressive and proactive laws regarding family violence. While the state works to fight against these acts, they still occur and those who are victims should immediately protect themselves. Family violence can be acts of physical, sexual, or emotional abuse. These abuses can manifest in a number of situations. If you believe that your situation falls under this situation, it is important to contact the authorities and get help by filing a petition at your local Superior Court with the help of an attorney. A Family Violence Protective Order or Restraining Order is an order issued by a court to protect one or more individuals from violence in one’s home. If you need a law firm to represent you as you pursue relief, contact Alfred Law Firm today.
Family protective orders
If you are the victim of family violence in the state of Georgia, a court will almost immediately issue a protective order on a temporary basis and hold a later hearing to decide on the permanency of the order. Temporary Protective Orders (TPO) offer essential protection for individuals who fear for their safety or the safety of their children. Victims of family violence, abuse, stalking or harassment should never have to endure such dangers that jeopardize the family’s safety and well-being.
Who can get a family violence protective order?
Family violence does not only pertain to spouses. There are numerous parties that can be affected by family violence. A protective order can be issued to a person and/or a minor child who has experienced an act of family violence by:
- A past or present spouse
- A parent, step-parent, foster parent
- A child, step-child, foster child
- A roommate or former roommate
What qualifies as an “act of violence”?
As stated previously, family violence is not limited to physical violence. There are many instances, including sexual and emotional abuse, that constitutes family violence. These can include:
- A felony
- Simple battery
- Unlawful restraint
- Criminal damage to property
- Criminal trespass
What does a Temporary Protective Order do for me?
Depending on the facts of the case, TPOs can be in effect for three, six, or twelve months. This order can be beneficial in a number of ways including prohibiting contact, providing space between the parties, limiting the rights of the abuser to the children and some marital possessions. In some cases, TPOs can restrict the accused abuser’s rights to keep their guns. In addition to these forms of civil relief, if the accused is found guilty and a Permanent Protective Order is put in place, he or she could face criminal charges for their actions as well.
What do I do if I’ve been falsely accused of family violence?
Fortunately, Georgia is proactive in helping victims of family violence. Unfortunately, there are people who abuse the system for personal gain. Temporary Protective Orders can be misused and abused by individuals who file for the wrong reasons, including retaliation for a breakup, or to give them an edge in a pending or future divorce or custody action. In such instances, we step in to defend individuals against abusive or unwarranted TPOs.
Contact our firm
If you are the victim of abuse, it is important to take actions to protect yourself. If you need an attorney to help you file for a Protective Order, contact our firm. We will guide you through the process and represent you in the pursuit of justice. If you have been falsely accused of family violence, our firm will fight to protect your rights and hold the party accountable for the egregious abuse of Georgia law. Contact The Alfred Law Firm for a consultation.