Georgia Domestic Violence Divorce
Domestic violence carries additional stress and complications between two people who may or may not be married. Georgia law recognizes domestic violence as criminal intimidation or abuse that can occur between spouses, unmarried parents of a child or people who live together. A victim of domestic violence can file a petition in superior court seeking relief in the form of a protective order (restraining order). In the court’s discretion, an ex parte temporary protective order can be granted upon evidence of a recent act of family violence – this order prevents any contact between the parties while the order is in effect. At the time the temporary “ex parte” order is granted, a hearing is set no later than thirty (30) days from the date of the order to decide whether the order should be continued. These orders typically last for one year, but in certain instances they can last as long as three years or even permanently.
Filing a Protective Order
A petition seeking relief from domestic violence must meet certain legal requirements. First, it must be properly verified. That is to say the victim must swear before a notary that the allegations contained in the petition are truthful and sign a statement to this effect. Additionally, the petition must contain at least one act of domestic violence in sufficient detail to meet the requirements of Georgia law. The domestic violence must have occurred in the recent past, and there must be sufficient reason to believe that it will occur in the future.
Proving/Defending Allegations of Domestic Violence
Temporary protective order hearings are a serious matter, and while it is technically a civil hearing, it is one that can carry significant legal and criminal ramifications. It can impact your ability to get a job and own a firearm. In granting a family violence protective order, a judge can determine custody, child support and visitation for the minor children of the parties. Therefore, proving and defending allegations of domestic violence are serious matters that should be handled by an experienced family law attorney. At The Zdrilich Law Group, we have the experience necessary to assist with either proving or defending allegations of domestic violence.
Hiring an Attorney
In Georgia, allegations of domestic violence are a very serious matter. Filing a petition seeking relief from domestic violence or defending against such a petition is a legal matter that is best handled by an experienced family law attorney. Contact The Zdrilich Law Group today for a consultation.