Addressing Claims Of Family Violence
Few cases in family law underscore the importance of fair legal processes more than those involving accusations of domestic violence.
Victims need an efficient legal system that can help guarantee their personal safety and welfare — and whenever children are involved, their health and safety as well. At the same time, those accused of domestic violence deserve due process of the law and do not deserve to be punished before they’ve had their day in court.
Georgia’s family violence laws are designed to balance all these interests. Our family law firm can advocate for your interests whether you find yourself in the position of seeking protection through the courts or defending your reputation and personal and parental rights.
Learn How The Legal Process Unfolds. Learn How We Can Help Get You Through It.
Cases begin when someone who believes she or he has been the victim of domestic violence files for a temporary protective order. This can provide immediate protection from an abuser if approved by a judge even while the rest of the case proceeds. If you need short-term safety from an abusive situation, we can help you in the preparation of these forms.
Domestic violence cases aren’t limited to just husbands and wives. Courts can issue protection orders in cases involving ex-spouses, parents and children. Likewise, what is considered to be “violence” in Georgia includes physical assault, rape, stalking, trespassing and property damage.
Whether or not a temporary protection order is filed in your case, both sides will have the chance to make their case to a judge in a hearing to decide whether a longer protection order should be granted. A protection order can grant the following privileges and safety measures to a victim of abuse:
- Require that the abuser stay away from those protected in the order
- Require the abuser to vacate a home shared with the victims
- Entitle the victim to receive financial support
- Grant child custody and child support payments
- Award personal property to the victim
Just as important, a protection order grants a victim the right to seek legal relief if the order is violated. Whether you were granted an order or are the subject of one, it is important that you understand your rights and responsibilities and seek legal help if you think the provisions of an order have been violated.