If your right to stay in this country feels tied to the person you fear in Johns Creek, and he reminds you that he controls your papers, that fear can lock you in place far from home. Your safety does not depend on his sponsorship. We offer clear, private information about protective orders, with care for what protection means when your status feels like his to hold.
Daniels & Taylor serves Johns Creek families from our office in Lawrenceville.
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When someone controls your immigration paperwork, the threat to withdraw it, to have you sent away from your children or your life here, can feel like a wall around you. You may fear that leaving him means losing everything you have built here. Can a court protect you when your status feels tied to him? Will asking for help put your place here at risk? We listen, then connect each legal question to your safety, whatever your status.
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 Johns Creek
He says he controls whether I can stay, can a court still help?
Yes. Protection from family violence does not depend on immigration status, and using your status to control you is a form of abuse. We explain your options.
Will seeking an order endanger my place here?
Seeking safety from harm is your right. Tell us your situation and we will explain how protection works without assuming the worst.
I came here for this life, would I lose it?
There are protections for people in exactly your position. Reach out and we will help you understand them clearly.
You can ask about your options without committing to file or to hire anyone, and without him knowing. Your status should not be a leash. 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 your family and your standing here. Until the hearing, follow the order exactly as written, even where 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 is confusing and the stakes feel high, what do I do?
Follow every term exactly while you sort it out, and raise your side at the hearing. We help you understand what it requires.
Can I talk to her to work it out?
No. Any contact can violate the order and hurt your case. Save your account for the hearing through the right channel.
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.