If what keeps you quiet in Morrow is the fear of losing your children, that he will twist things or take them if you speak up, that fear is exactly what an abuser counts on. The law looks hard at a child's safety. We offer clear, private information about protective orders, including how they can address custody, so that protecting yourself does not mean risking your kids.
Daniels & Taylor serves Morrow families from our office in Lawrenceville.
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When you are a parent, every choice runs through your children, and the threat of losing them can keep you frozen. He may tell you that no one would give you the kids, or that leaving makes you look unstable. You may wonder whether asking for protection helps or hurts your standing as a parent. Can a protective order address custody and keep the children safe? We listen, then connect each legal question to protecting both you and your kids.
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 Morrow
Will asking for protection make me look bad as a parent?
No. Seeking safety for you and your children is taken seriously, not held against you. We explain how the law views it.
Can a protective order address custody?
A protective order can include temporary custody and contact terms that account for the children's safety. Tell us your situation and we will explain.
He says he will take them if I act, can he?
Threats like that are about control. A court weighs the children's safety. Reach out and we will help you understand your real options.
You can ask about your options without committing to file or to hire anyone, and without him knowing. We will keep your children at the center. 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 and it affects time with your children, that can be the hardest part to take. Until the hearing, follow the order exactly as written, even where you believe it is unfair, including any custody or contact terms. Compliance protects your standing. We help you understand what it requires and how to respond.
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 limits time with my kids, what do I do?
Follow it exactly, including the custody terms, and raise your concerns at the hearing. That is where a judge decides. We help you prepare your side.
Can I contact my children or their mother?
Only as the order allows, and if it bars contact, do not, even about the kids. A violation hurts you most. Bring it to the hearing.
What happens next?
A judge reviews the evidence and decides what, if anything, continues, including custody terms. 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, especially anything about the children, and what to avoid.
Call (770) 285-1673 for a free case evaluation.