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Restraining Orders

Restraining Orders & Protective Orders

What is a Restraining Order & How Can It Help Me?

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A restraining order is often issued by a court in the case of domestic violence, abuse or stalking accusations. You may be wondering, "how long does a restraining order last in Georgia?" If you have been served a restraining order or protective order, you may be prohibited from coming into contact with the alleged victim, even if that means moving out of your own house that you share with the victim. 

Even if you pay the rent or own the property, you still may have to move. You may lose custody of your children while the order is in effect and may be prohibited from contacting the alleged victim or victims. 

The Gwinnett County restraining order lawyer at the Fox Firm, P.C. is experienced in dealing with restraining orders and may be able to help you get yours lifted so you can move back into your house and go about your life as usual. By applying his knowledge and experience in this field, an attorney can help protect your rights. 

Through our experience, we have seen many instances where false or exaggerated accusations led to a restraining order or protective order being filed. Jealousy, revenge, anger or a divorce may all be motive to falsely accuse someone of abuse, stalking or domestic violence. 

As your legal representation, it is our job to thoroughly investigate the offense you have been accused of and see how we can prove your side of the story. By ensuring that an Gwinnett County restraining order attorney is involved early on, you offer him the best opportunity to defend your charges and help have your restraining order lifted.

Restraining Order Violations

Violating a restraining order is a criminal offense in itself and a conviction may result in heavy fines and jail time. If you violate a restraining order that was filed because you were accused of stalking a person, you may then be charged with a violation of the restraining order and of stalking, two separate offenses with two separate penalties.

If you have been accused of a restraining order violation, experienced restraining order attorney may be able to help you. The firm will work with you on a one-on-one basis to start building an effective plan of action for your defense.

How Long Does a Restraining Order Last in Georgia?

The duration of the restraining order depends on the type. A temporary restraining order may only last up until the court hearing (25-30 days), whereas a protective order may last up to three years. In some circumstances, a judge may extend the order further, making it permanent.

Can You Fight a Restraining Order?

If you feel that you have been wrongly accused and are subject to a restraining order, understand that it's a serious matter and needs your full attention. People charged have rights, and are able to fight the order if the evidence is on their side. 

A judge usually issues the restraining order, so you will have to address the concern with the court. If you have a restraining order in GA, contact us today for the legal help you need.

How Can an Attorney Help Me if I Have a Restraining Order Against Me?

If you have a restraining order against you, an attorney can provide critical assistance in several ways. Firstly, they will explain the terms and conditions of the restraining order, ensuring you understand what behaviors are prohibited and the legal consequences of violating the order. This clarity is crucial to avoid unintentional breaches that could lead to further legal trouble.

A Gwinnett County restraining order attorney can also represent you in court, advocating on your behalf during hearings related to the restraining order. They will help you gather and present evidence, question witnesses, and build a strong defense to challenge the order if it is based on false or exaggerated claims. If the restraining order is temporary, your attorney can work to prevent it from becoming permanent by presenting a compelling case for your side.

Furthermore, an attorney can negotiate with the other party's legal counsel to potentially reach a settlement or modification of the restraining order terms, if appropriate. They can also advise you on how to comply with the order while maintaining your legal rights and managing any concurrent legal issues, such as custody or property disputes.

Overall, having an attorney by your side ensures that you are fully informed of your legal options, your rights are protected, and you have professional guidance throughout the legal process.


Restraining order? Accused of a restraining order violation? Contact a Gwinnett County restraining order lawyer today!


 

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