What are the Conditions of a Protective Order?
If you have been arrested for domestic violence in Georgia, not only are you subject to jail time and other penalties, but you may also have a protective order filed against you. A protective order is a formal and legal way to inform someone to stay away from an alleged victim.
A family violence protective order contains the following conditions:
No contact via phone, text message, e-mail, letter, or any form of communication
Staying a certain distance away from the victim and his/her home, workplace, school, and family members
If the abuser lives in the same home as the victim, the abuser will be forced to move
Ensure the victim and his/her children have suitable housing
Award temporary custody rights to the victim
Types of Protective Orders
There are two types of protective orders in Georgia: “temporary ex parte” protective orders and “family violence” protective orders.
- The ex parte order is valid for up to 30 days or until the scheduled court hearing.
- the family violence order lasts up to one year and possibly extended to three years or permanently.
What are the Penalties for Violating a Protective Order?
Violating a family violence protective order may result in being held in contempt of court or criminal charges. The crime of violating a protective order is a misdemeanor, punishable by a maximum jail sentence of 12 months and a fine no more than $1,000.
However, if a person is convicted of either stalking or aggravated stalking, along with being convicted of violating a family violence protective order, he/she may only be sentenced for the stalking-related charge, if stalking was the reason behind violating the order.
Whether you have been charged with a domestic violence offense or violating a protective order in Lawrenceville or Gwinnett County or you are a victim of domestic violence, contact Daniels & Taylor, P.C. today to let our legal team determine your legal options.