Gwinnett County Temporary Protective Order Attorney
Help for Victims of Domestic Violence
For victims of domestic violence, we assist in securing immediate emergency assistance via the family violence statutes. You need protection from further instances of abuse for yourself and your children. We help you petition the superior court for a family violence protective order, which can begin with an emergency ex parte order. The court can also make decisions regarding custody arrangements,child support,alimony, and possession of the family home.
We are a firm that cares for its clients. If you are under threat, we want to be there for you.Daniels & Taylor, P.C. has served Georgia families since 1990, and our attorneys have decades of combined experience. We can help you file a temporary protective order in Gwinnett, and we can help make sure the authorities are following through on their obligations to enforce it.
If you need protection from an abuser, don’t delay. Call us right away at(770) 285-1673for a case evaluation.
How Do Protective Orders Help?
Temporary protective orders, also called ex parte protective orders, offer immediate security to those who need it. Many of the behaviors outlined in a protective order are already illegal. For instance, they prohibit threats or abuse from your attacker. Threatening and abusing someone is already a crime.
Protective orders help provide an extra layer of safety. For instance, under Georgia law, an act that places you in reasonable fear of immediately receiving a violent injury can be simple assault. To charge this person, the authorities must formally accuse them of this crime. Then the gears of justice begin churning, sometimes slowly. It may take a while for the cops to secure an arrest, and it takes even longer to find the offender guilty.
If someone violates a family violence protective order, the violation can be punished as contempt of court or as a separate crime. Knowingly violating certain terms of a protective order, such as stay away or no contact terms, is a misdemeanor, and it does not prevent a separate prosecution for stalking or aggravated stalking based on the same conduct. They also send a direct message to your abuser that their behavior is under watch, and they need to leave you alone.
What Behaviors Does a Temporary Protective Order Restrict?
A protective order can direct the abuser to stop acts of family violence, and law enforcement officers throughout Georgia have a duty to enforce it. It can also help prevent illegal behaviors such as stalking.
Protective orders can also extend beyond acts that are already illegal.For instance, they can prevent your abuser from contacting you in any way. The order may direct the abuser to stay within a certain distance of you. In some cases, it can even prevent them from going to places you frequent such as your school, work, gym, or even your regular grocery store.
In Georgia, an “ex parte family violence protective order” can also create stipulations that protect your home or livelihood. These directives are sometimes similar to those that you see in adivorce.
A family violence protective order can award you temporary custody of your children, order child support or spousal support as required by law, give you possession of the home and exclude the abuser from it, provide for possession of personal property, and protect household pets from being harmed, taken, transferred, or concealed.
How Do You Secure a Temporary Protective Order in Georgia?
A judge can issue an emergency ex parte order without first giving the abuser notice or a chance to be heard, but a hearing must be held within 30 days of filing, where you must prove your allegations.If the court believes your story, they will issue the protective order and notify the other person.
They are witnesses to the event, so there is less need to secure evidence.
When going through an attorney, you must work to gather your evidence. You need identification, and you need documents to help prove your claims. These could be medical records, electronic communications, saved voicemails, and so forth. You can also bring forth witnesses to corroborate your story.
Our firm is here to help with this process. You can place the situation in our hands and focus on yourself and your recovery. We can gather your documents, contact witnesses, and file the paperwork. Our team knows the necessary wording needed to fill out your forms, explaining your situation to the courts. We have helped many clients get the help they need, and we’re here to do the same for you.
Why Is Obtaining a Restraining Order an Urgent Matter?
In matters of domestic violence, time is of the essence. Waiting to obtain a restraining order can unfortunately give an abuser more opportunities to harm you or your loved ones. The immediate nature of protective orders is designed to prevent further acts of violence and ensure the safety of victims. It’s critical to take swift action to safeguard yourself and your family from ongoing threats and abuse.
Our team, which includesdomestic violence lawyers, understands the sensitivity and urgency required in these situations. Engaging experienced domestic case lawyers at the outset can significantly influence the effectiveness and speed with which a protective order is obtained. Our expertise in navigating the legal system ensures that your case is presented compellingly and accurately, minimizing delays and maximizing your protection. Having represented numerous clients in similar circumstances, we’re adept at compiling the necessary documentation and evidence to support your claims.
Not only do we assist you in obtaining a restraining order, but we also provide you with guidance and support throughout the entire process. From the initial filing to enforcing the order, a protective order attorney plays a pivotal role in ensuring that you understand your rights and that those rights are protected. Our ultimate goal is to create a safe environment for you to begin rebuilding your life, free from fear and violence.
What Comes After a Temporary Protective Order?
In Georgia, an emergency ex parte protective order generally stays in effect until a hearing, which must be held within 30 days after the petition is filed unless the parties agree otherwise.At the hearing, the judge may grant a protective order lasting up to one year, and later, on your motion and after another hearing, the judge may in its discretion convert it to an order lasting up to three years or to a permanent order.When that year has passed, you can continue to file for extensions.
Your abuser has the right to defend themselves against a long-term order.They may have an attorney, present evidence, call witnesses, etc.
Our firm can use the 30 days of protection wisely. Before the hearing, we can help you gather evidence, because at the hearing you must prove your allegations by a preponderance of the evidence. We will take your case as seriously as we would any other. Your safety is our highest concern, and we want to make sure you receive the help you need.
Daniels & Taylor, P.C. is a family violence attorney that is here for you in Gwinnett County. Contact us online to set up a meeting, or call us directly at (770) 285-1673.
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Frequently Asked Questions: Protective Orders & Family Violence in Georgia
How do I get a Temporary Protective Order (TPO) in Georgia?
A family violence petition is generally filed in the superior court of the county where the abuser lives, and if the abuser does not live in Georgia, it may be filed where you live or where the violence occurred, if the court can obtain personal jurisdiction over the abuser. A judge can grant an ex parte (same-day) order for immediate protection, followed by a full hearing within about 30 days. We file in Fulton, Gwinnett, and across metro Atlanta and represent you at both hearings.
How fast can I get emergency protection from family violence?
Georgia allows an ex parte TPO the same day you file when the facts show immediate danger. Daniels & Taylor, P.C. prepares the petition and supporting affidavit quickly so the court can issue same-day protection, then represents you at the final hearing (usually within 30 days) to extend it up to 12 months or longer.
What protection can a Georgia protective order provide?
A Georgia family-violence protective order can order no contact, remove the abuser from a shared home, grant temporary custody and support, and prohibit firearm possession. Daniels & Taylor, P.C. requests the specific terms that keep you and your children safe.
I was falsely accused. Can you defend me against a restraining order?
Yes. A protective order can affect your custody, job, and reputation. Daniels & Taylor, P.C. defends clients against false or exaggerated family-violence petitions, presenting evidence and cross-examining witnesses at the hearing to protect your rights and your record.