Near Gray, leaving an unsafe relationship does not always end the danger, and for some the risk grows after they go. We offer private information about protective orders, because the time after you leave can be the hardest and the most dangerous of all.
Daniels & Taylor serves Gray families from our office in Lawrenceville.
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You may have already left, only to face unwanted contact, following, or threats that will not stop. A protective order can require someone to stay away and cease contact. If you and the other person never lived together and share no child, a stalking protective order may be the right path instead. You do not have to face this alone. Tell us what has happened since you left, and we will help you find the right protection.
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 Gray
What if I already left but the contact and following will not stop?
That is exactly what a protective order can address. We help you understand whether a family violence or a stalking order fits your situation.
Should I keep a record of the unwanted contact?
Yes, when you can do it safely. Saved messages, dates, and sightings can support your case.
What if we never lived together or share no child?
Then a stalking protective order, rather than a family violence one, may apply. We explain the difference and the right step.
You can ask about your options without committing to file or to hire anyone. Reach out from a safe device whenever you are able.
Call (770) 285-1673 for a free case evaluation.
You may feel the account is one sided, or that reaching out after a breakup is being treated as something it was not. Whatever you intended, the order now bars contact, and the hearing is where you respond. The safest and strongest choice is to stop all contact until then. Taking the order seriously does not mean agreeing with 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
What if I just want to talk after the breakup?
Do not. Any contact can break the order. Make your case at the hearing, not by reaching out.
What should I keep?
The order, the hearing notice, your records and messages, and the names of anyone with direct knowledge.
Could this affect a custody or divorce case?
It can overlap, but decides neither by itself. Each runs on its own facts.
Have the order and the hearing date ready. A free case evaluation can help you understand the terms and prepare your response.
Call (770) 285-1673 for a free case evaluation.