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.
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
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