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Restraining Order Attorney in Atlanta

Restraining orders are an unfortunate, yet necessary, part of society. When someone is harassing you, stalking you, or otherwise posing a legitimate threat to you and your well-being, a restraining order prevents them from having contact with you and sets the groundwork for legal action.

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However, getting a restraining order placed on someone isn’t as easy as it may seem, and you need to hire a restraining order attorney in Atlanta to help you get one.

What is a Restraining Order?

A restraining order is a unique legal document that can only be court ordered. If you’ve ever had someone continuously bother you, but the police don’t take serious action if a crime isn’t committed, you understand why a restraining order is required in some situations.

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Essentially, this document sets the framework up to immediately warrant legal action if someone is violating the order. They can no longer be brushed off.

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However, you can’t simply request one for whoever you want. Typically, restraining orders protect victims of domestic violence, people who have been credibly stalked and harassed, etc.

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Types of Restraining Orders in Georgia

While restraining orders all follow the same core concept, it is important to know what type of restraining order is relevant to your situation.

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  • Family Violence Protective Orders: This is most relevant to domestic violence cases and protects families from their abusers.

  • Employer Protective Orders: This is an order that keeps employers or former employers away from employees they have targeted.

  • Mutual Restraining Orders: This is less common due to both sides having to mutually agree, but it is an order for both parties to refrain from contact.

  • Stalking Protective Orders: This is issued to stalkers to keep them away from you and to cease the stalking.

  • Temporary Protective Orders: This can be issued for any of the reasons above, but it is quickly ordered for a specific timeframe when there is a legitimate immediate threat to your safety.

How to File for a Restraining Order in Atlanta

The restraining order process is just a few steps:

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  • To start it, you file for an order with the superior court in Georgia. When you do this, if it’s accepted, you’ll get an ex parte temporary order of protection. However, this typically only lasts about 30 days as an immediate solution. You must also serve this order to the other party. The sheriff’s office can do this for your safety.
     

  • After the 30-day period is over, you and the defendant will be called into court to dispute the case, and if you can demonstrate that you have a reason to have an order, a more permanent solution will be granted.
     

  • The renewal process is similar if you need to renew a restraining order. You petition the court, attend another trial, and if deemed appropriate, the order will be extended.

Why You Need a Restraining Order Attorney

Unfortunately, while a restraining order can often save lives, it’s also necessary for the court to ensure it’s issuing them responsibly and in appropriate situations. They can’t simply issue legal punishments without genuine reason.

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That makes it more difficult when you have a genuine reason and time is of the essence.

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At Saint Owens Law, our skilled restraining order attorney understands this and helps you navigate the system quickly and effectively to get you protected fast.

Violating a Restraining Order in Georgia

The consequences for violating a restraining order in Georgia are severe. They vary depending on the nature of the order and the situation that caused it, but a good example is when an abuser violates a family violence protective order. They face 12 months in jail and a $1000 fine.

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When the order is violated, your first course of action is to call police and press charges. Also document it for future legal needs and order extensions.

Restraining Orders and Domestic Violence Cases

Sadly, the most common reason for a restraining order is domestic violence. When you leave an abuser, they are likely to continue to pursue you and escalate the situation further. Restraining orders are often life-saving in these situations.

Contact an Experienced Atlanta
Restraining Order Attorney

If you need a restraining order, you need it quickly for your own safety. Call Saint Owens Law for a restraining order attorney you can trust.

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