Restraining Order Issues

Experienced & High-End Services from Our Gwinnett County & Lawrenceville Attorney

In the state of Georgia, a restraining order is known as protective orders. These orders are ultimately intended to restrict contact between individuals under penalty of jail. A judge initially issues a temporary protective order without a full hearing and based only on the claims of the petitioner. If the defendant (also known as the "respondent") lives with the petitioner, he or she can be removed from the petitioner's home after being issued a temporary protective order. The defendant will be ordered to refrain from having contact with the petitioner, or the petitioner's children, and must wait about 10 days to present his or her side of the story. It is possible, however, for a judge to extend the length of that TPO under "good cause." Because of the burdens imposed on a defendant in this scenario, judges will issue TPOs only on probable cause claims of family violence or stalking.

If there court determines that there is need for a longer period of protection for the petitioner, it can set a protective order lasting up to three years, according to Georgia Code (O.C.G.A. §17-17-16). A prosecuting attorney will have the ability to apply for a new protective order within 90 days of the previous order's expiration date. Fox Firm, P.C., which is based on more than 20 years of family law attorney experience, is able to assist individuals throughout Gwinnett County and the metro Atlanta area with their restraining order cases. Besides helping with protective orders for domestic violence and stalking, our Lawrenceville family law attorney can also help with orders based on fabricated claims and violations of protective orders.

Potential Repercussions

It is extremely important that every individual work with a skilled lawyer when trying to navigate through the difficult process of dealing with a restraining order. This applies whether that person is seeking a restraining order against another person or defending oneself from such an order. If a person receives a protective order while going through a divorce, legal separation or other family law matter, the individual's case can be negatively affected. For example, this person could be less likely to reach his or her desired outcome in a court decision related to child custody, a modification of divorce terms or contempt of court charges.

An individual who is issued a temporary protective order does not have much time to hire an attorney who can contest the order and have it lifted. When no action is taken, this person could end up facing a permanent protective order. Violations can result in an arrest for aggravated stalking—an offense that carries no bond except as granted by a Superior Court judge.

Restraining orders play a vital role in keeping adults and children safe from dangerous aggressors. In situations of domestic violence, it can help put a stop to future abuse of a victim. On the other hand, the law regarding restraining orders is also highly subject to system-wide abuse since judges are usually eager to halt any threat of violence. The judge can take action on a defendant before a formal hearing occurs, even if there is little basis on which to issue the restraining order. This is why it is so important to have a strong family law attorney by your side to ensure that you are being treated fairly.

Contact Fox Firm, P.C. for Assistance

If you have had a restraining order filed against you or if you want one to be issued on your behalf, you will need to rely on the strength and experience of a lawyer who can protect your rights and help secure the appropriate result for you and your family. At Fox Firm, P.C., our attorney has the qualifications, knowledge and persistence to help you with your case. Contact us today to learn more about our services and how we can assist you with your restraining order issue.