Georgia Restraining Order Lawyers in Decatur

Family Violence Protective Order Georgia

If you are suffering from domestic violence, you can call the National Domestic Violence Hotline at 1−800−799−7233 or text at 1−800−787−3224 to receive aid. Alternative, you can visit this page by the Georgia Coalition Against Domestic Violence to find a domestic violence center near you. Please stay safe. 

Incidents of domestic violence or abuse can be deeply impactful and traumatic. Filing a protective order case enables a domestic abuse victim/survivor (V/S) to receive the help and protection they need, shielding them from the alleged abuser so they can rebuild their health and well-being.

At Gibbs Tillery, our Decatur restraining order lawyers work with intimate partner violence victims/survivors to help them file for restraining orders and represent themselves in court.

If you're dealing with domestic violence, you shouldn't feel like you have to navigate it by yourself. Our Georgia restraining order lawyers can shoulder the legal burden of your case so you can focus on re-establishing your health.

To schedule a consultation with our Decatur restraining order lawyers, contact us online or via phone at (404) 471-3874.

How to File a Restraining Order in Georgia?

If you are involved in a situation where domestic violence is present, you can contact your local law enforcement department and a law enforcement professional (LEP) will come pick you up and take you to the courthouse so you can file for a protective order. Otherwise, you can go to the courthouse yourself.

To receive a restraining order in Georgia, you must file for a protective order with the county court where the alleged abuser resides.

If an LEP escorts you to the courthouse, they will help you procure the forms to file a protective order. If you visit the courthouse on your own, you should ask the court clerk for protective order forms.

As you fill out the forms, you will need to disclose information about why you're seeking a protective order, including identifying information about you and the alleged abuser, when incidents of abuse have occurred, evidence you have supporting the need for a protective order, etc. As you complete this step of the process, you take on the role of "petitioner."

Once you are done filling out the forms, you proceed with the process. The next step usually involves serving the alleged abuser with papers notifying them of the petitioner's intent to receive a protective order. An LEP like a Sheriff is usually responsible for serving papers in domestic violence cases.

Georgia Temporary Protective Order

As you file the protective order forms with the court, you should consider filing a petition for a temporary ex parte order. Judges can issue ex parte orders without the presence of the alleged abuser.

Essentially, an ex parte order is a temporary measure that enables an abuse survivor/victim to obtain protection from their alleged abuser while the court holds hearings to decide whether a more permanent protective order is needed.

If you file a petition for a temporary ex parte order, the judge will speak with you and assess your case. They may ask you for any evidence you have supporting your need for a protective order. If they believe you are in immediate danger of further violence from the alleged abuser, they will issue a temporary ex parte order to protect you.

Temporary ex parte orders last for up to 30 days, but they can remain in place for longer if the court case drags on for any reason (the alleged abuser misses multiple court dates, for example).

Once you file for a protective order, the court takes over. The judge will set up court dates you and the alleged abuser must attend. You will each have the opportunity to present your case and any evidence you have for or against the need for a protective order.

Once the hearings are complete, the judge will decide whether to issue a long-term family violence protective order. Standard protective orders last one year, but the order can last longer (3-5 years, or even for life) if the judge thinks an extension is warranted. You may also have the opportunity to renew the protective order once that time is up.