In the arena of family law in Georgia, the term domestic violence is used when someone living in a home harms another individual, attempts to harm them or gives them reason to believe that they might be harmed. As such, types of family or domestic violence include battery, assault, stalking, criminal damage to one’s property, unlawful restraint, criminal trespassing or any felony. Formally stated, Georgia’s Code 19-13-1 explains that the people involved must be connected to each other as past of present spouses, parents of the same child, parents and children, stepparents and stepchildren or other persons living or formerly living in the same household (Georgia Legal Aid). In any case, if an individual is faced with a domestic violence situation, an experienced family law attorney can provide insight into their claim, including helping them file a Temporary Protective Order (TPO).
For some victims, speaking out about their domestic violence situation can put them at risk for harm. If a court believes that an accuser is in danger, a Temporary Protective Order might be granted to protect them while they wait for their court hearing. Depending on the nature of the offense or threat, a TPO may cover a wide variety of rules and activities that are forbidden. When necessary, a TPO will specifically prohibit injuring, mistreating, bothering, following, harassing, harming or abusing an accuser. An abuser might also be instructed to leave the home and to stay an exact distance away from the accuser and children involved.
At some point, both the accuser and the accused will attend a court hearing to present their arguments. Based on their statements and evidence provided, the court will determine if a permanent protective order should be put in place. While the final order will likely include all of the same provisions as the TPO, it might include additional requirements such as counseling.
We Bring Strong Advocacy To Sensitive Legal Matters
At Shepard, Plunkett & Hamilton, LLP, we deliver trusted legal guidance, trained skill and strong advocacy to sensitive legal matters such as domestic violence and abuse. We understand that family law cases require a special, compassionate approach, yet one that is strategic to bring about the most favorable outcome possible.
To speak with a family law attorney today, contact Shepard, Plunkett & Hamilton.
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