Family Violence Issues In Georgia Family Law
Family violence is the most destructive act that may occur in a marriage. It severely undermines the peacefulness and security of one’s home. It includes physical harm, threats to harm, threats to harm children, and destroying or damaging property.
One who is victimized by family violence can secure a family violence restraining order by application to the clerk of court in the county in which you reside. A petition is filled out by the victim, who then has a private meeting with a judge who may, upon finding of probable cause of family violence, issue an ex-parte temporary restraining order. ex-parte means that the judge only hears from the victim.
The restraining order is served by the sheriff as soon as possible, and the perpetrator is ordered to leave the home. A hearing is set within 30 days in which both sides attend and present evidence before a judge who may dismiss the case or extend the order. During the time the restraining order is in effect, there is to be no contact either in person or by phone, text or e-mail between the parties and possibly the children. Third parties are not allowed to communicate to one party on behalf of the other party.
Although family violence is reprehensible, it must be proven to the satisfaction of the judge. It is not a tool to be used in gaining an unfair advantage in an upcoming divorce matter.
Below, please find a sample of the Petition for Family Violence Protective Order.
If you are a victim of family violence or have been accused of family violence, you need attorney Howard A. Gold to protect your legal rights as well as your health and welfare. Proper legal representation at the hearing is absolutely essential to protect your rights. Call 404-692-6470 to schedule a consultation.