In Georgia, protective orders are court orders to protect you from threats of harm or harassment. Such threats of harm can include physical abuse, property destruction, trespass, and stalking, including indirect contact and electronic communications. Under Georgia law, individuals who meet certain requirements may seek family violence protective orders against other individuals. Further, individuals who are the recipients of unwanted contact by other persons for the purpose of intimidation or harassment may seek stalking protective orders.

Domestic Violence Protective Orders

The law defines domestic violence as, “the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: (1) Any felony; or (2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.”

If the relationship and an act of abuse are established, a domestic violence protective order is proper. Initially, these actions are filed ex parte, meaning only one person is present and offers evidence to the court. The court will then issue an ex parte protective order and will set an immediate hearing at which both parties will appear. The judge has the power to protect the aggrieved party by ordering the abuser to stay away and have no contact with the aggrieved party. This protective order can be granted for up to one year with the ability to renew prior to the order expiring.

Stalking Protective Orders

Similarly, a stalking protective order may be warranted where a person is the recipient of continuous unwanted contact that “serves no legitimate purpose.” This contact could be threatening, intimidating, harassing and places a party in reasonable fear of his or her safety. This does not exclude internet activity and electronic communications. If you or a loved one are a victim of such contact, please let us help you.

Contact The Leonard Firm if You Need Assistance Obtaining a Protective Order

Domestic Violence should not be tolerated no matter the situation or abuser. You have the absolute right to safety and to be free from harassment. Similarly, if you are wrongfully accused of such activity, you have the right to representation. Protecting victims of abuse is a top priority. If you or a minor child in your custody is a victim of physical, sexual, or verbal abuse or harassment, contact the Leonard Firm today. We will work diligently to get the protection you need.

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