Acts of family violence are, unfortunately, all too common on a regular basis. When you are already dealing with the difficult, painful issues associated with divorce or separation, having to also address a family violence issue can be near impossible to handle, particularly if it takes place in front of your child.
Georgia state law defines family violence as acts such as any felony, battery, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass, as it occurs between past or present spouses, parents, children, stepparents, stepchildren, foster parents, foster children, or other people living (or who have formerly lived) in the same household. Anyone who is a victim of family violence or is seeking to protect a child from family violence can file a written petition for a restraining order.
Anyone who is a victim of family violence or is seeking to protect a child from family violence can file a written petition for a restraining order in the superior court. If the defendant resides in the state of Georgia, the petition must be filed in the county of the defendant’s residence. It is within the judge’s discretion to issue a temporary protective order without providing notice to the person against whom the order is sought if there is suspicion that the victim is in danger of immediate violence. This provides the victim(s) with protection until there is a hearing within 10 to 30 days after filing the petition.
A protective order has the ability to:
If you or someone you know is involved in a family violence issue, call our office to find out how we can help. The attorneys at Edwards & Associates can help protect your legal rights and provide you with guidance through this difficult time.