If English is not your first language and the person you fear in Commerce uses that against you, telling you the police will not listen or that asking for help will cost you your place here, that fear is its own cage. The law protects you regardless of language or status. We offer clear, private information about protective orders, and we work to make sure you are understood.
Daniels & Taylor serves Commerce families from our office in Lawrenceville.
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When someone tells you that no one will believe you, that the courts are not for people like you, or that speaking up will get you deported, the fear can keep you silent for years. You may wonder whether a protective order is even available to you, or whether you can explain what happened in your own words. Can the court protect you no matter your language or status? We listen, then connect each legal question to making sure your voice is heard.
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 Commerce
Does a protective order protect me even if my status is uncertain?
Protection from family violence does not depend on immigration status. Tell us your situation and we will explain your options clearly.
What if I cannot explain it all in English?
We work to make sure you are understood. Do not let language stop you from asking about your safety.
He says the police will side with him, is that true?
No. The law protects you regardless of who he says he knows. We help you understand how protection actually works.
You can ask about your options without committing to file or to hire anyone, and without him knowing. Your language and your status do not put protection out of reach. Reach out from a safe device when you are able.
Call (770) 285-1673 for a free case evaluation.
If an order was filed against you, you may be worried about how it affects work, family, and your standing. Until the hearing, follow the order exactly as written, even if you believe it is unfair. We help you understand what it requires, plainly, and how to bring your side the right way.
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
The order feels confusing, what do I do?
Follow every term exactly while you sort it out, and raise your questions at the hearing. We help you understand what it requires.
Can I talk to her to clear it up?
No. Any contact, in any language or through anyone, can violate the order and hurt your case. Save your account for the hearing.
What happens next?
A judge reviews the evidence and decides what continues. A free case evaluation helps you understand the order and prepare.
Have the order and the hearing date in hand. A free case evaluation can help you sort what to do first and what to avoid.
Call (770) 285-1673 for a free case evaluation.