Family Violence Restraining Orders
In the state of Georgia, if your divorce or family law case involves domestic violence, you may wish to ask the court for a Temporary Protective Order (TPO). This type of court order can prohibit one party from engaging in certain types of behavior toward or contact with the other party.
In order to be eligible for a TPO, you must provide evidence to the judge that the other party has committed an act of stalking or domestic violence, and that the other party’s behavior is likely to continue unless the judge issues a TPO. When a party asks for a TPO, he or she first appears before the judge on an ex parte basis, which means that the other party is not present or notified of the hearing. If the judge finds that the evidence is sufficient to issue the ex parte TPO, the judge will then set the matter for a full hearing with the other party present. In the meantime, however, the TPO will prevent the party who allegedly committed the domestic violence from having any type of contact with the other party. If the parties live together, then the TPO may even remove that party from the home, at least on a temporary basis.
A TPO can last from six months to one year. Upon request, however, the court may extend the TPO for up to a total of three years. Depending on the relationship between the parties, a TPO can affect issues such as child custody, visitation, child support, alimony, and possession of the parties’ residence. The exact conditions of a TPO will vary widely based on the parties’ circumstances, whether they share a child or children, and the level of violence involved in the case.
Family violence is an all too common occurrence in marriages today, and one that often inevitably leads to divorce. Protect yourself and your family by getting the legal assistance that you need in this type of situation.
Contact us or call today to learn how Shaw Law can work with you to achieve the best outcome possible for you and your children.
Scott Shaw is founder and principle of Shaw Law Firm LLC, founded in 1995 and dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. Shaw Law Firm serves the greater Metro Atlanta area, particularly the counties of Fulton, Gwinnett, Cobb, Cherokee, Forsyth, Paulding, Henry, Fayette, Coweta, Newton, Walton, Bartow and Douglas. Schedule a consultation today at 770-594-8309.