Restraining Orders & Family Violence Actions
At Gray Eittreim Martin we are experienced and adept at handling restraining orders and family violence issues. These issues generally come up during divorce or child custody cases and are handled exclusively for existing clients.
Divorce and Child Custody cases are some of the most personal and emotional matters we handle. Tempers flare, emotions run high, and horrible things are said. Unfortunately, this can lead to involved parties feeling unsafe or enduring physical violence. These situations often require restraining orders. In Georgia, family violence includes one or more of the following being committed against a family or household member:
- Any Felony
- Assault; Simple Assault
- Battery; Simple Battery
- Criminal Damage to Property
- Criminal Trespass
- Unlawful Restraint
If you feel you require protection through a court order, GEM can help. Call us at 770-225-7000.
Types of Protective and Restraining Orders
In the event of family violence, there are two types of protective orders that can be filed. The first is a temporary “ex parte” order. This is a more immediate action which grants the abused party a temporary protective order until a court hearing is scheduled and completed. The petition is filed with the court at which point the judge has discretion to grant or not grant the order depending on whether he or she believes the party requesting the order is in immediate danger. Typically after the issuance of an ex parte order, a hearing will be scheduled within 30 days where both parties must appear and argue their respective positions.
Another type of protective order is a family violence protective order, which typically lasts for one year but can be made into a “permanent” order lasting up to three years. This type of protective order is granted following the court hearing, at which the each side will be able to present their sides of the story to the judge.
It is of the utmost importance to call the authorities as soon as there is a threat of violence. Seeking immediate safety should be the primary concern followed by requesting a protective order.