Have you or a loved one been a victim of domestic violence? An aggressor does not have to be found guilty of criminal charges before you can seek protection of the Court. Domestic violence aggressors often face civil punishment as a result of domestic violence. Civil punishment can include a Temporary Protective Order (TPO), removal from the marital or family residence, and/or the inability to contact the victims and their family members, which can include their children. A victim of domestic violence does not have to be married to the aggressor in order to seek the protection of the Court.
Georgia law provides protection for the family members of the victim that reside in the same household. For example, current and ex-spouses, parents/stepparents and children, co-parents, or individuals residing, or previously residing together, may seek relief from domestic violence in Georgia.
What are the grounds for a Protective Order?
There are a number of scenarios that may likely result in the Court granting a Protective Order, but the most common occurrences are: stalking, harassment, criminal trespass or criminal damage to property, threats, intimidation, domestic assault or battery, and unlawful restraint.
How and Where Do I file a Petition?
In order to seek the protection of the Court, the victim must file a verified Petition for a Protective Order, which will outline the acts of domestic violence that have occurred and any threats of domestic violence that are likely to occur in the future. Protective Orders are often granted ex parte in emergency situations. Petitions are filed in the county of residence of the aggressor, or the county where the act(s) occurred if the aggressor resides outside of the State of Georgia. If the victim is a minor child, then an adult must assist the minor and file the Petition on his or her behalf.
Why should you seek a TPO?
A victim of domestic violence should seek a TPO in order to seek the protection and assistance of the Court to prohibit the aggressor from engaging in certain acts, which usually include frequenting a specific location or contacting an identified individual or group of individuals that are protected under the law. Often times, Divorce actions follow the entry of a Temporary Protective Order. During a Temporary Protective Order, the Court has the ability to grant temporary possession of the marital residence, personal property, award temporary custody, alimony, and support, as well as, order the aggressor to pay the victim’s attorney’s fees.
Do you or someone you know need to discuss a TPO? Schedule a free consult with Sierra K. Kimbrell to discuss your options.
Call The Kimbrell Law Firm, P.C., if you are the victim of domestic violence or have been wrongfully accused of domestic violence and need assistance in protecting yourself and your rights.
sierra@kimbrelllaw.com
-Written by founding attorney: Sierra K. Kimbrell