If a spouse or partner accuses you of domestic violence, he or she may file a family violence protective order. Failing to follow the terms of this order can result in additional criminal charges.
Make sure you understand the details of a Georgia family violence protective order if you face this type of situation and want to protect your legal rights.
Defining family violence
A person can get a family violence protective order when they have been the victim of any felony committed by a family member. Common offenses that result in this type of order include criminal trespassing, restraint, property damage, stalking, assault and battery.
Understanding types and terms of protective orders
A temporary protective order in Georgia lasts up to 30 days or until the court holds a hearing. A hearing must take place for the state to issue a permanent protective order, which lasts one to three years.
You have a legal obligation to follow the terms of the protective order, which may prohibit you from:
- Following, surveilling or stalking the person who made the order
- Contacting your family member in person, by phone or through electronic means
- Interfering with your family member’s means of transportation or communication
- Remaining in the family home
- Approaching your family member or his or her school, workplace or residence
The protective order can also make provisions for spousal support, child support and child custody if applicable. The court can require you to obtain counseling for domestic violence issues as well as for struggles with substance abuse if applicable. Following these orders can help improve your outcomes.