If the person you fear in Monticello keeps you quiet by threatening to call the police or DFCS first, to paint you as the problem before you can speak, that tactic is meant to make you feel powerless. It does not have to work. We offer clear, private information about protective orders so you can understand your rights and stop being silenced by the threat of being blamed.
Daniels & Taylor serves Monticello families from our office in Lawrenceville.
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When someone threatens to report you first, to claim you are the abuser or an unfit parent, the fear of not being believed can keep you from ever reaching out. You may worry that speaking up will be turned against you. Can a court see through a story like that? What if he gets to them before you do? We listen to what is actually happening, then connect each legal question to protecting you from being silenced this way.
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 Monticello
He says he will report me first, does that stop me?
No. The order of who calls does not decide the truth. A court looks at the evidence. Tell us your situation and we will explain how to protect yourself.
What if he claims I am the abuser?
Document what you can and reach out. We help you present a clear account so a false story does not stand on its own.
Could I lose my kids if he calls DFCS?
Threats like that are about control. Courts weigh real safety and evidence. Reach out and we will help you understand your options.
You can ask about your options without committing to file or to hire anyone, and without him knowing. Being threatened with blame is itself a warning sign. 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 feel the story is one-sided and want to correct it immediately. Until the hearing, follow the order exactly as written, even where you believe it is unfair. The hearing is where your account belongs. We help you understand what it requires and how to present your side properly.
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 claims are not true, how do I fight them?
Follow the order exactly and bring your evidence and account to the hearing, where a judge weighs both sides. We help you prepare it.
Can I contact her to get the truth 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, if anything, continues. A free case evaluation helps you get ready.
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.