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How does one obtain a family violence protection order?


Unfortunately, many people resort to violence when they are upset with family members in Georgia. This is not acceptable at all and can be extremely detrimental for the victims emotionally, physically and psychologically. The law takes this seriously and tries to protect the victims. In addition to being able to file criminal charges against the perpetrators of the domestic violence, the victims can also file for a family violence protection order.

These orders can do a number of different things, but the most important one is that it prohibits any contact between the perpetrator and the victim. If the perpetrator has any contact with the victim, they can be charged with additional criminal offenses simply for the contact with the victim. These situations often cause the victim emotional stress, and it is important to know how to obtain these orders.

To obtain a family violence protection order, one must fill out a petition and file with the court. The petition must allege facts that would demonstrate there is probable cause that family violence has occurred and will occur in the future. If a judge believes that the petition establishes probable cause, he or she will issue an ex parte order to sufficiently protect the petitioner from the violence.

If an ex parte order is issued, there must be a hearing scheduled within 10 days, but no later than 30 days afterwards. At the hearing, the petitioner must prove their case by testifying and presenting evidence that family violence took place and occur in the future. If the petitioner is successful, the court will issue a more permanent order protecting the petitioner from the violence.

It is important for victims of domestic violence in Georgia to take steps to protect themselves from the violence. One option they have is to go through the process of obtaining a family violence protection order. Experienced attorneys understand how important these orders can be and may be able to guide one through the process.

Source: FindLaw.com, "Georgia Code Title 19. Domestic Relations § 19-13-3," accessed on April 24, 2017

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