In and around Canton, one of Cherokee County's fastest-growing communities, many people are recent arrivals still building a local support network, which can make a crisis at home feel isolating. We offer steady, practical information so you do not have to face the next step alone.
Daniels & Taylor serves Canton families from our office in Lawrenceville.
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You may be new to the area, far from family, and unsure who to turn to. Can a court protect your home or your children quickly? What if you do not yet know the local resources? Can you get answers before you decide anything? We listen, then connect each legal question to the support you may not realize is here.
You are not alone. Georgia's statewide domestic violence
hotline is 1-800-33-HAVEN (1-800-334-2836),
free, 24/7, and confidential.
What most people pay for a case evaluation to learn
A Georgia protective order can do more than tell someone to stay away. In a
family violence case the judge may grant exclusive use of the home, temporary
custody of the children, temporary support, and can even include the family pet
(O.C.G.A. 19-13-4).
You do not need a police report or a criminal charge to ask for one. It is a
civil petition you file yourself, and the court can issue a same day ex parte
order to protect you right away, followed by a hearing (O.C.G.A. 19-13-3).
Family violence is broader than physical harm. It covers acts like stalking
and criminal trespass between people in the same household, former spouses,
parents of the same child, and others living or formerly living together
(O.C.G.A. 19-13-1). If you were in a dating relationship but never lived together
and share no child, your path is a separate stalking protective order (O.C.G.A.
16-5-94).
How a Georgia family violence protective order works
You file a civil petition, with no police report required, and the court can
grant a temporary ex parte order the same day, then set a hearing (O.C.G.A.
19-13-3). The order can reach beyond no contact to the home, custody, and support
(O.C.G.A. 19-13-4). You file in the superior court of the county where the
respondent lives (O.C.G.A. 19-13-2).
Common questions about protective orders in Canton
What if I am new and do not know where to turn?
Tell us your situation and we point you toward local resources alongside any legal options.
Do I need to have everything figured out first?
No. You can ask questions and learn your options before making any decision.
What if I am unsure it qualifies as family violence?
Describe what happened and how you know the person. The legal label is our job.
You can learn what help is available here without committing to file. Reach out from a safe device whenever you are able.
Call (770) 285-1673 for a free case evaluation.
You may feel blindsided, or that the order arrived while your family was still settling into a new place. What can you still do? When is the hearing? How do you respond without worsening things? Taking the order seriously does not mean accepting every claim.
If a protective order has been filed against you
Nothing lasting happens without a hearing. An ex parte order is temporary, and
the court sets a hearing, usually within about 30 days, where the petitioner has
to prove family violence by a preponderance of the evidence, and that burden is on
them (O.C.G.A. 19-13-3(b), (c)).
A final order can require no contact, order you to leave a shared home, and set
temporary custody or support; it can last up to one year and may be extended to
three years or made permanent (O.C.G.A. 19-13-4). Knowingly violating a protective
order is a separate crime (O.C.G.A. 16-5-95). A family violence finding can also be
weighed in a later custody case (O.C.G.A. 19-9-3(a)(3)(P), (a)(4)). If the petition
comes from a dating relationship, it may fall under the stalking statute instead
(O.C.G.A. 16-5-94).
Until the hearing, follow the order exactly as
entered, even if you believe it is unfair. The time to be heard is at the hearing,
not by contacting the petitioner.
Common questions if an order was filed against you
I am new here, how does this process work?
A hearing is set, usually within about a month, and the current terms apply until then. We explain each step.
What should I gather?
The order, the hearing notice, messages, schedules, and the names of anyone who saw what happened.
Could this affect custody?
It may bear on a custody matter, but nothing is decided automatically. Each turns on its own facts.
Have the order and hearing date available. A free case evaluation can help you get oriented and prioritize what comes first.
Call (770) 285-1673 for a free case evaluation.