Restraining Orders & Family Violence Actions

Restraining Orders & Family Violence Actions in Atlanta

Decades of Family Law Experience, Handling Every Part of Your Case

Eittreim Martin Cutler, LLC handles restraining orders and family violence actions as part of its family law practice in Atlanta and the greater metro area. These matters are handled for existing clients and most often arise within active divorce or child custody cases, where the outcome of a protective order proceeding can directly affect custody arrangements, support obligations, and where each party lives.

Because the firm practices exclusively in family law, its attorneys understand how a family violence action fits into the full picture of a client’s case. Eittreim Martin Cutler, LLC carries nearly a century of combined experience resolving complex family law matters, and its attorneys have earned Super Lawyers selections, Best Lawyers in America listings, and the AV Preeminent rating from Martindale-Hubbell.

Under Georgia’s Family Violence Act, family violence is defined as one or more of the following acts committed by a family or household member against another family or household member:

Any felony
Assault; Simple Assault
Battery; Simple Battery
Criminal Damage to Property
Criminal Trespass
Stalking
Unlawful Restraint

If you believe you need protection through a court order, call Eittreim Martin Cutler, LLC at (770) 574-6473.

What a Georgia Protective Order Can Require

A family violence protective order does more than tell one party to stay away. Depending on the circumstances, a Georgia judge may order the restrained party to vacate the family home, award temporary custody of children to the petitioner, and require temporary child support or spousal support payments. The order can also restrict each party’s physical locations and prohibit contact by any means, including phone, email, and communication through third parties. Mutual protective orders may be filed by the parties or entered by the court.

Protective orders issued in Georgia are enforceable statewide, and law enforcement in every county is obligated to carry out their provisions regardless of where the order originated. When a protective order is issued during a divorce or custody proceeding, its provisions on custody and support run concurrently with the family court case and can shape the final outcome of both matters.

Consequences of Violating a Protective Order in Georgia

Violating a protective or restraining order in Georgia can result in immediate arrest. Depending on the conduct, a violation may be charged as contempt of court or as a criminal offense and can carry misdemeanor or felony penalties. A court evaluating a violation may also consider any prior history of family violence when determining the appropriate penalty.

When an alleged violation occurs during an ongoing divorce or custody case, the consequences extend well beyond the criminal charge. Courts can factor the violation into custody determinations and the terms of a final decree. Because protective order proceedings don’t exist in isolation from the underlying family law case, having counsel who already knows the full record matters when violations are alleged.

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Types of Protective Orders in Georgia

Georgia law provides two primary categories of protective orders for family violence matters, and the process for obtaining each is distinct.

Temporary Ex Parte Protective Order

A temporary ex parte protective order (TPO) is filed with the Superior Court. The judge may grant the order without the other party present if there is probable cause to believe the petitioner is in immediate danger. Because the respondent hasn’t yet had an opportunity to appear, the order is temporary by design. Georgia law requires the court to schedule a full hearing within 10 to 30 days, at which both parties must appear and present their positions. The petitioner must prove the allegations by a preponderance of the evidence, meaning it is more likely than not that the family violence occurred. TPO petitions for family violence in Atlanta are filed in the Superior Court of the county where the respondent resides.

Family Violence Protective Order

Following the hearing, the court may issue a family violence protective order. This order typically lasts one year and can be extended to three years or converted to a permanent order with no expiration date. Its provisions may include the full range of requirements described above, from contact restrictions to temporary custody and support terms. If there is an immediate threat, contacting law enforcement should come before pursuing a protective order through the courts.

Stalking Protective Orders

Stalking protective orders are a separate category available when someone follows, surveils, or contacts another person without consent for purposes of harassment and intimidation, even when no family or household relationship exists. These orders are issued by a superior court and carry the same legal weight as family violence protective orders.

Contact Eittreim Martin Cutler, LLC to Discuss Your Matter

Eittreim Martin Cutler, LLC handles restraining orders and family violence actions for existing clients in Atlanta and the greater metro area. Consultations are confidential. If a protective order issue has arisen in connection with your divorce or custody case, contact the firm at (770) 574-6473 to discuss how it may affect your proceedings.

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