What is a Restraining Order?
A restraining order, also known as a “protective order,” makes it illegal for someone who has been abusive to come close to you or to contact you in any way. Getting a restraining order can help protect you from your abuser in several ways:
- Your abuser can get in trouble with the law if they try to contact you.
- Getting a restraining order creates a record of the abuse, which can make it easier to take legal action against your abuser in the future.
- It encourages the police and other authorities to take extra steps to keep you safe.
- In some cases, it can make your abuser leave the place where you live.
In Georgia, restraining orders, also known as protective orders, are supported by state laws outlined in the Georgia Code. Specifically, Title 19, Chapter 13, Article 5 of the Georgia Code addresses family violence and protective orders.
The relevant laws provide procedures for obtaining protective orders in cases of domestic violence, stalking, harassment, and other forms of abuse. These protective orders prohibit the abusive party from contacting or coming near the victim and may include additional provisions to ensure the victim’s safety.
Additionally, federal laws, such as the Violence Against Women Act (VAWA) and the Family Violence Prevention and Services Act (FVPSA), provide further support for protective orders and services for victims of domestic violence.
How Do You File a Restraining Order in Atlanta?
First, you need to file a petition for a Temporary Protective Order (TPO). Under the State of Georgia’s Family Violence Act, filing a petition for a Protective Order is free.
In Georgia, there are three types of Protective Orders:
- Family Violence Protective Orders. These protect a victim of domestic abuse from the perpetrator of the abuse.
- Stalking Protective Orders. Meant to protect the victim in cases where they have been followed, surveilled, or threatened without their consent.
- Employer Protective Orders. These orders are for victims of workplace violence where their employer has committed or threatened an act of violence against them.
After filing, you will be required to appear in court within 30 days to present your case to a judge. If the court issues the Protective Order, the recipient is then served with the order by the sheriff’s department. The order’s expiration date will be 6 to 12 months from the date served.
What Information Do You Need to Request a Protective Order?
- Proof of identity, such as a valid Georgia driver’s license
- Information about the respondent (Full name, date of birth, home address, and contact information).
- Required forms, such as a petition for a temporary protective order. There may be multiple documents required for one petition. If your case involves child support, you will need to submit additional documents, such as financial affidavits or child support worksheets. These forms may vary by county and can be provided by the Clerk’s Office of the Superior Court.
- Evidence that is specific and clearly documented.
- Explanation of why you believe you need protection.
- Witnesses who can provide testimony that supports the claims in your petition.
Do You Need a Lawyer to File for a Protective Order?
In Atlanta, Georgia, you are not required to have a lawyer to file for a restraining order. However, given the complexities of the legal process and the importance of ensuring your safety and well-being, it is highly advisable to seek assistance from a qualified restraining orders lawyer who handles family law or domestic violence matters.
An experienced restraining orders lawyer can provide valuable guidance and support throughout the process of obtaining a protective order. They can help you understand your rights, navigate the legal requirements, gather necessary evidence, and represent your interests effectively in court hearings. Additionally, having a lawyer by your side can provide emotional support and advocacy during what can be a challenging and stressful time.
While having a restraining orders lawyer to file for a protective order in Atlanta is not mandatory, consulting with a restraining orders lawyer can significantly increase your chances of successfully obtaining the protection you need and deserve. If you are considering filing for a protective order, it is recommended to schedule a consultation with a qualified restraining orders lawyer to discuss your options and receive personalized advice based on your specific situation.
Chris Campbell Law Offices is Here to Help You
Hiring Chris Campbell Law Offices to assist you with filing for a protective order in Atlanta provides you with the legal guidance, support, and advocacy you need to pursue legal protection from domestic violence effectively. With an experienced restraining orders lawyer by your side, you can feel confident that your rights and safety are in capable hands.
- Experience in Family Law: Chris Campbell Law Offices has experience in family law matters, including domestic violence cases.
- Experience with Domestic Violence Cases: With years of experience handling domestic violence cases, Chris Campbell Law Offices is well-versed in the sensitive nature of these matters.
- Personalized Support: We will work closely with you to develop a strategic approach to filing for a protective order that prioritizes your safety and well-being.
- Legal Advocacy: We will represent your interests effectively in court hearings related to the protective order and ensure that your voice is heard and that your rights are protected throughout the legal process.
- Emotional Support: Filing for a protective order can be a challenging and emotionally taxing experience. Chris Campbell Law Offices offers compassionate support and guidance to help you navigate this challenging time with confidence and strength.
Contact Our Restraining Orders Lawyer
Contact Chris Campbell Law Offices today to schedule a consultation. Chris Campbell Law Offices provides personalized support to each client, ensuring that your rights and safety are prioritized throughout the legal process.
Do not face this challenging situation alone – contact us now to take the first step toward obtaining the legal protection you deserve.