Restraining and Protective Orders in Atlanta Georgia

Atlanta GA Divorce Lawyers – Family Law Attorneys

Most of the time the filing of a divorce petition is not something that is done overnight or in the heat of the moment. The vast majority of people recognize the enormity of such a decision, and they take their time and do everything possible to repair the marriage before going all the way through with the divorce. Couples whose union is under strain will often times live apart for a while in an effort to gain the renewed perspective that distance can provide. As a result, when these efforts at reconciliation do not bear fruit and the parties decide to divorce, a good bit of time has passed and they are usually able to work on the terms civilly and cooperatively without a lot acrimony or heated emotion.

However, there are other cases when the news that a divorce petition has been filed can be met with outrage or escalate an existing violent or abusive situation. It should be emphasized that the first thing that anyone who is experiencing an act of domestic violence should do is call 911 and get the police involved for their own safety. Domestic violence is a very serious matter; statistics show that some 1.3 million women are victims of violent physical assaults at the hands of intimate partners each year, so nothing should be left to chance. Threats can lead to action, so it is always a good idea to err on the side of caution and call the police if you feel that you or someone else, like your children or a third party, may be at risk.

After that the proper course of action would usually be to file for a restraining or protective order with the superior court. If the threat of continued abuse, stalking, or violence is immediate the court can issue a temporary ex parte protective order. This would prohibit the alleged abuser from contact with the petitioner until a hearing can take place. At the subsequent hearing the defendant will be afforded the opportunity to respond to the complaint. The court can then issue a permanent restraining or protective order if it is deemed necessary and appropriate, and this can remain in effect for up to a year.

If you would like some legal advice concerning restraining and protective orders, contact an Atlanta GA family lawyer to arrange for a free consultation.