By: Ex-cop who is now an award-winning criminal defense lawyer near me, Cory Yager, Partner at Kohn & Yager LLC, Atlanta Georgia
Court-ordered protective orders, known legally as a Family Law Protective Order, can be issued by a judge when the threat of violence or intimidation is a reality between one or more family members. But a domestic violence case in GA may arise from a pattern or emotional abuse vs physical abuse that has visible evidence of personal injury (like a black eye, cut lip, bruising).
The most common family protective orders issued in the Peach State involve a wife and husband, or a parent and a child. The person accused of domestic violence charges will need a domestic violence attorney with years of experience who is one of the top-rated lawyers near me in the metro Atlanta area.
Other protective orders are granted when there is the threat of harm between foster parents and foster children, stepparents and stepchildren, and other persons either currently living together, or formerly living in the same household. Since the lockdown after the Pandemic of 2020, these cases have increased in volume across metro Atlanta and (according to the Department of Justice) across the United States.
A Family Law Protective Order temporarily prohibits an offender from having any contact with the victim who has requested the court’s protection. The victim can hire a domestic violence lawyer near me or he or she can request protection personally, by filing a petition for protection through the Superior Court in their jurisdiction. Most commonly, the request is made with assistance by the person’s domestic violence lawyer or a court-appointed domestic violence attorney near me in that jurisdiction.
To alleviate any immediate threat, the court may enter an ex parte order, meaning one side can apply without first notifying the other. These temporary orders are only granted if the petition provides sufficient probable cause of a threat of harm or if the court presumes there is a high probability the threat or harm will reoccur.
Once the order is granted, the accuser must present the facts of the case to a judge, within ten days from the issuance date but no more than thirty days. Without question, if you are the target of this serious legal matter, you need to retain an experienced domestic violence defense attorney near me.
If, after the court order is issued, and the offender violates the conditions, prohibitions, or stipulations of the protective order (restraining order), he or she can be arrested and put in jail. Each violation is considered a criminal act or an indirect “contempt of court,” and the violator will be subject to fines and jail time depending on the severity.
What Stipulations Can a Judge in Georgia Put in the Restraining Order?
- Deny all contact, both physical and by telephone and text, initiated by the offender;
- Issue a bench arrest warrant when the abuser breaks the law;
- Order the offender to leave the residence;
- Require the offender to help pay for temporary housing for the victim;
- Take away child visitation rights normally available the offender;
- Temporarily grant the victim child custody;
- Order mandatory counseling like anger management classes; and/or
- Order that the abuser pay the legal fees and court costs of the victim
The State of Georgia treats family violence offenders very harshly, especially when the victim is a child. The previously mentioned order is only temporary and will not suffice long-term for child custody. Family violence protective orders need to be renewed annually, for most cases, some may extend the order for up to three years or even become permanent.
Family Violence Defined in Georgia Domestic Violence Statute
As used in this article, the term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
The term “family violence” shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.
Your Domestic Violence GA Legal Team: Kohn & Yager LLC
The affordable domestic violence lawyers at Kohn & Yager, LLC. bring 80 collective years of criminal defense experience to the table. All three of our domestic abuse lawyers near me in our law group have been named to the peer-reviewed, reputable legal directories and lists, like Super Lawyers, Martindale-Hubbell, and U.S. News and World Report’s Best Law Firms in America.
Good people find themselves in these situations all the time. When you meet with our criminal attorneys near me, you will be treated like family when you come in for your FREE lawyer consultation near me. Call our law office 24 HOURS A DAY: 404-567-5515.
You must retain a best domestic violence attorney near me who understands Georgia’s domestic violence laws and the harsh penalties you could face by being convicted for breaking these laws. Our criminal law firm serves clients in all counties across Georgia, including these Metro Atlanta counties:
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