Family Violence and Restraining Orders
Restraining Orders and Family Violence: Protecting Your Rights with an Alpharetta Family Law Attorney
Family violence and abusive behavior within a household can be devastating, both emotionally and physically. If you or your children are at risk, it is essential to take immediate action to protect yourself and your family. A restraining order, also known as a protective order, can provide a legal solution by preventing further abuse and ensuring your safety.
At Hastings Shadmehry, our experienced Alpharetta family law attorneys and divorce attorneys are dedicated to helping individuals facing family violence take the necessary legal steps to protect themselves and their loved ones. We understand how overwhelming the situation can be, and we are committed to providing compassionate and effective legal representation throughout the process.
Understanding Family Violence and How Restraining Orders Can Help
In Georgia, family violence refers to any act of physical violence, threats of violence, or harassment that occurs between individuals who have a domestic relationship, such as spouses, parents, children, or partners. It can include:
- Physical abuse (hitting, slapping, pushing, etc.)
- Emotional or psychological abuse (verbal threats, intimidation, etc.)
- Sexual abuse
- Stalking or harassment
- Damage to property
Family violence can have serious consequences, both immediately and in the long term, which is why it is important to act quickly to protect yourself and your family.
How a Restraining Order Can Help
A restraining order or protective order is a legal order that can be obtained from the court to prevent further acts of family violence. This order can include various protections, such as:
- No-contact order: Prevents the abuser from contacting or coming near you or your children.
- Temporary custody of children: Grants temporary custody of children to the non-abusive parent.
- Exclusive possession of the home: Allows the victim to remain in the family home while the abuser is removed.
- Child support: May include temporary child support and provisions for visitation.
A restraining order can be an effective way to stop the abuse immediately while the case is pending, and it can help prevent further harm.
How Do You Get a Restraining Order in Georgia?
To obtain a restraining order in Georgia, you will need to file a petition for a protective order with the court. The process typically involves:
Filing the Petition: An Alpharetta family law attorney will help you file the necessary paperwork, ensuring all details are accurately provided, including information about the abuse, the relationship with the abuser, and the immediate danger.
Temporary Restraining Order: Once the petition is filed, the judge may issue a temporary protective order (TPO), which offers immediate protection for a short period, typically 30 days. This order can be granted without a hearing if the judge believes there is an imminent threat of harm.
Final Protective Order: A hearing will be scheduled to determine whether a final protective order should be granted. Both parties will have the opportunity to present their case. If granted, this order will remain in effect for a longer period and may include provisions for custody, child support, and other protections.
Family Violence and Divorce in Georgia
Family violence often plays a significant role in divorce cases. If family violence is present, it can impact decisions related to:
- Custody and visitation: The safety and well-being of children are the court’s primary concern. Family violence may affect custody arrangements, and the abusive party may be granted limited or supervised visitation.
- Division of property: If there is evidence of abuse, it can influence how marital assets are divided.
- Spousal support: The victim of family violence may be entitled to spousal support to help with financial stability post-divorce.
If you are filing for divorce due to family violence, it’s crucial to have an experienced Alpharetta divorce attorney to protect your interests and ensure your safety during the process. At Hastings Shadmehry, we understand the sensitive nature of these cases and will work diligently to secure the protection and support you need.
Contact Our Alpharetta Family Law Attorneys Today
If you are facing family violence or need assistance with obtaining a restraining order in Georgia, don’t wait, your safety is the top priority. At Hastings Shadmehry, our skilled family law attorneys and divorce lawyers are here to guide you through every step of the legal process, ensuring that you are protected and your rights are upheld.
Contact us today at 770-641-8200 or email us to schedule a confidential consultation. Let us help you take the necessary steps to protect yourself and your loved ones from family violence and ensure your future is secure.
