Domestic Violence
An assault or physical attack on a person is always a crime, but Georgia laws recognize that the harm to a victim can be devastating in a situation of domestic violence. There is a process by which you can obtain a restraining order to protect yourself and your family from abuse. Unfortunately, these same laws can work against you if a member of your family or household engages in misconduct to get a protective order. Some individuals manipulate the process by bringing allegations of domestic violence into divorce and other family law cases.
No matter which side you occupy, getting legal assistance is critical for restraining orders. Kresky Law will fight to protect your interests, but we have extensive experience defending false or misplaced claims of abuse. Please contact our firm today to set up a consultation with an Atlanta domestic violence lawyer. You can also read on for some background information on how to obtain an order of protection.
Steps in the Restraining Order Process
You start the process by filing a petition in court, in which you state the circumstances regarding domestic violence against you and your family. Many cases qualify for emergency processing, in which case you can obtain an order of protection without providing notice to the abuser. The order is effective for 10 days, at which point the court will hold a hearing where he or she will have notice.
At this hearing, you will be required to prove your facts as the petitioner. The abuser, as respondent, will have the opportunity to contest your claims. If you are successful in convincing the judge that an extension of the restraining order should be extended, you may gain protection for up to a year.
The order of protection can include such provisions as:
- Prohibiting the respondent from contacting you
- Barring the abuser from being in proximity to your home, work, or other places
- Forcing the respondent to relocate from a home that you share
- Requiring that the abuser turn over personal property or belongings
- Restricting the respondent’s access to children
- Ordering a parent to pay child support
Legal Help with Orders of Protection
Due to the emotional aspects and complications of the legal process, you should rely on our Atlanta domestic violence attorneys at Kresky Law for help. We will assist with preparing the petition to obtain an emergency restraining order and appear in court on your behalf. Our lawyers are also ready to manage the follow up, including the second hearing on whether to extend the restraining order. We will present evidence, testimony, and arguments to persuade the judge of your position.
Set Up a Consultation with an Atlanta Domestic Violence Attorney Today
Our team at Kresky Law is prepared to tackle these and many other tasks as we work to protect you and your family from family violence. To learn more about our legal services, please contact us to schedule a consultation with a skilled Georgia domestic violence lawyer. We can explain more about the process after reviewing your situation.
