Family Law Insights

Georgia Family Violence Protective Orders

Posted on: May 27th, 2013

Family violence in Georgia occurs when a family or household member harms or attempts to harm another family or household member. Family violence also includes threats of violence or a strong belief that a family member will cause harm in the near future. Family violence in Georgia is a serious crime and laws are in place to protect the abused.

A GA Family Violence Protection Order is a legal document written by a court prohibiting a member of a family or household from remaining in the household or from contacting or coming near the abused. If the abuser violates the order then serious legal consequences will result with violation being punishable by a large fine or confinement in jail for an extended period of time. Both males and females can seek the civil legal protection of a GA Family Violence Protection Order.

Specifically, the order may state that an abuser must:

* Leave the abused alone
* Leave the place of residence (If the abused is not in possession of the home assistance to obtain personal property and temporary residence is granted)
* Give the abused temporary custody of children and set temporary visitation
* Award the abused with temporary child/GA spousal support
* Attend counseling

To obtain a Family Violence Protective Order an application must be filed with the court. A citation will then be sent to the alleged perpetrator and a court hearing will be held. If the order is granted it can be effective for up to a year although if the threat of abuse still persists a court can extend the order. A GA temporary restraining order may also be requested for the time required to serve the citation to the abuser and hold a hearing.

Family violence causes legal, physical, financial, and emotional complexities. Filing a Family Violence Protective Order in Georgia can relieve some of these problems. If you or other members of your family are victim to family violence please contact one of our domestic violence attorneys to assist you with protection from your abuser.

Please note that the above article may not have been written by an attorney, and should in no way be construed as legal advice particular to your situation. Contact one of our family law attorneys if you are dealing with an issue of domestic violence or feel you may need a family violence protective order.

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