Cobb County Protective Orders Lawyer
When your safety or the safety of a loved one is threatened, securing a protective order can provide critical legal protection. At The Spizman Firm, our experienced Cobb County protective orders lawyers are dedicated to helping clients navigate the complex process of obtaining these vital court orders. If you are in need of a protective order, do not hesitate to reach out to our compassionate legal team for guidance.
Protective Orders in Cobb County
In Cobb County, protective orders (also known as restraining orders) are legal injunctions that prohibit an individual from engaging in certain behaviors, such as harassment, stalking, or physical violence. These orders can be issued in cases of domestic violence, dating violence, sexual assault, and stalking.
There are two main types of protective orders in Cobb County:
- Temporary Protective Orders (TPOs): TPOs are short-term orders that can be granted without a hearing if there is an immediate threat of harm. They typically last for 30 days or until a hearing can be held.
- Permanent Protective Orders: Permanent protective orders are issued after a court hearing where both parties have the opportunity to present evidence and testimony. If granted, these orders can last up to three years and may be extended if necessary.
Eligibility for Protective Orders
To be eligible for a protective order in Cobb County, you must have a specific relationship with the person you are seeking protection from (the respondent). This includes:
- Spouses or former spouses
- Parents of the same child
- Parents and children
- Stepparents and stepchildren
- Persons currently or formerly living in the same household
If you do not meet one of these relationship criteria, you may still be able to seek a protective order if you have been the victim of stalking, harassment, or sexual assault.
The Protective Order Process
Obtaining a protective order in Cobb County involves several steps:
- Filing a petition: You must file a petition with the Cobb County Superior Court describing the abuse or threats you have experienced and the protection you are seeking.
- Ex parte hearing: If you are in immediate danger, the judge may grant a temporary protective order at an ex parte hearing without the respondent present.
- Service of process: The respondent must be served with a copy of the petition and any temporary orders issued by the court.
- Final hearing: A final hearing will be scheduled within 30 days, where both parties can present evidence and testimony. The judge will then decide whether to issue a permanent protective order.
Enforcing Protective Orders
Once a protective order is granted, it is essential to understand how it will be enforced. Violations of protective orders are considered criminal offenses in Cobb County and can result in fines and jail time. If the respondent violates the order:
- Contact law enforcement immediately
- Document any evidence of the violation
- Inform your Cobb County protective orders attorney so they can help you take appropriate legal action
Get the Legal Help You Need
Seeking a protective order can be an emotional and overwhelming process, but you do not have to face it alone. The knowledgeable Cobb County protective orders lawyers at The Spizman Firm are here to provide the skilled legal representation and support you deserve during this challenging time. Contact us today to schedule a consultation.
