People facing family violence often plan every conversation, movement, and expense around another person's reaction. Is it safe to leave? What will happen to my children or my home? Can I ask about a protective order without being pushed into a decision today? You deserve information without judgment. We listen, explain the legal process in plain language, and respect that you understand the risks in your own situation.

From our Lawrenceville office, Daniels & Taylor, P.C. serves families throughout Mulberry and Gwinnett County.

What most people pay for a case evaluation to learn

• A protective order can do far more than order no contact. What this means for you: a judge may grant you the home, temporary custody of the children, support, and even the family pet. (O.C.G.A. 19-13-4)
• You do not need a police report or criminal charge first. What this means for you: it is a civil petition, and a judge can grant emergency (ex parte) protection the same day, followed by a hearing. (O.C.G.A. 19-13-3)
• Family violence is broader than physical violence. What this means for you: it includes acts like stalking between household members, exes, or co-parents. A dating partner you never lived with and share no child with uses a separate stalking order. (O.C.G.A. 19-13-1; 16-5-94)

How a protective order works in Georgia

A family-violence protective order is a civil petition; you do not need a police report or criminal charge first, and a judge can grant emergency (ex parte) protection the same day, followed by a hearing (O.C.G.A. 19-13-3). An order can do more than require no contact: a judge may grant you the home, temporary custody of the children, support, and even the family pet (O.C.G.A. 19-13-4). What this means for you: you have real options, and you do not have to wait for a criminal case.

Where a protective order is filed

A petition is generally filed in the superior court of the county where the respondent lives. From our Lawrenceville office we help Mulberry and Gwinnett families through the process.

Questions victims often ask

A confidential conversation, on your terms

When it is safe, you can speak with us without committing to a case or a particular course of action. The first conversation is free, confidential, and no obligation. Tell us how and when it is safe to contact you.

Call (770) 285-1673 for a free, confidential case evaluation, or send us a message below.

Served with a protective order? You have the right to be heard

A protective order can affect where you live, when you see your children, and how others view you. If you have been accused of family violence, take the order seriously, follow its terms, and get clear guidance before the hearing.

Call (770) 285-1673 for a free, confidential case evaluation, or send us a message below.

Being served with a protective order can leave you angry, frightened, or unsure what you are allowed to do next. What if the claims are false or leave out important facts? Will I be kept from my home or children? Is this being used to gain an advantage in a custody case? Those concerns deserve a careful response. Taking an accusation seriously does not mean accepting every claim as true. You have the right to be heard, and the safest first step is to understand the order, preserve relevant information, and prepare without retaliation or direct confrontation.

From our Lawrenceville office, Daniels & Taylor, P.C. defends respondents throughout Mulberry and Gwinnett County.

What most people pay for a case evaluation to learn

• You get a hearing before any lasting order. What this means for you: the first order is usually ex parte (issued without you there, on the petitioner's sworn statement) and is temporary; the law requires a hearing about 30 days from filing where you can appear, tell your side, present evidence, and cross-examine before any up-to-12-month order is entered. (O.C.G.A. 19-13-3(b),(c))
• The burden is on the petitioner, not you. What this means for you: at the hearing the petitioner must prove family violence by a preponderance of the evidence (more likely than not). You do not have to prove your innocence. (O.C.G.A. 19-13-3(c))
• Until the hearing, follow the temporary order exactly. What this means for you: even if you believe it is wrong, do not contact the petitioner in any way the order forbids; your remedy is the hearing, not ignoring it. (O.C.G.A. 16-5-95)

Your right to be heard

You have the right to notice and a hearing, and to present evidence and witnesses, before a final order is entered. The ex parte order is temporary precisely because a longer order cannot be imposed without that chance to be heard (O.C.G.A. 19-13-3). What this means for you: the hearing, not a confrontation, is where you tell your side.

What a final order can impose, and what is at stake

A final order (up to one year, and after a further hearing extendable to three years or made permanent) can order you to have no contact, to leave and stay away from the home even if it is in your name, to give up temporary custody and follow set visitation, and to pay temporary support (O.C.G.A. 19-13-4). Knowingly violating a protective order is a separate criminal offense, even a prohibited call or text (O.C.G.A. 16-5-95). A finding of family violence is also something a Georgia court must weigh in a child's best-interest analysis, so an order can carry into a custody case (O.C.G.A. 19-9-3). If the person who filed is a dating partner you never lived with and share no child with, a different stalking statute may apply (O.C.G.A. 16-5-94), and we will help you identify the right path.

Questions people facing an accusation ask

If you have been served with a protective order, do not contact the petitioner in any way the order prohibits, even to explain or apologize, as that can be a criminal violation. Raise your side at the hearing, and consider speaking with a lawyer before that date. This is general information, not legal advice.

Understand the order before you respond

You do not need to defend the entire case during the first phone call. The first conversation is free, confidential, and no obligation. If it is safe and permitted, have the protective order and hearing notice available.

Call (770) 285-1673 for a free, confidential case evaluation, or send us a message below.