DeKalb County Protective Orders Lawyer
Protective orders in Georgia are formal court orders that restrain accused individuals, known as respondents, from harassing, stalking, or threatening the physical safety of another person, who is known as the petitioner. Protective orders are most often used in domestic violence cases. They are also sometimes referred to as restraining orders. Courts will typically issue a temporary order before holding a hearing to determine if a permanent order is necessary.
If a protective order has been issued against you, it can have serious consequences. It can even prevent you from seeing your children. It is possible to defend against, modify, or terminate protective orders, but it is never easy. Below, our DeKalb County protective orders lawyer explains further.
How to Contest Protective Orders
Contesting protective orders in Georgia is possible, but it is critical to understand the grounds, or basis, for fighting against these orders. The grounds for contesting a temporary protective order are as follows:
- Insufficient evidence: If the petitioner lacks sufficient evidence of stalking or domestic violence, this can serve as grounds to contest a protective order. This is one of the most commonly used ways to fight a protective order.
- False accusations: False accusations can undermine the validity of a temporary protective order. Witness testimony or evidence contradicting the statements made by the petitioner can establish that the accusations are exaggerated or false. False claims can also result in criminal charges and victims of those claims can also file a civil lawsuit for damages.
- Procedural errors: Procedural errors are also important when contesting a protective order. If either the court or petitioner failed to follow the legal requirements for a protective order, it can be an effective tool to contest a protective order.
How to Modify or Terminate a Protective Order
If a permanent protective order has already been issued against you, the situation is not hopeless. Despite its name, a permanent protective order can still be modified or terminated. As when contesting a protective order, though, you must have valid grounds to file a petition for modification or termination with the court. These grounds may include:
- Changes in employment or living situations
- Completion of court-ordered treatment or court-ordered program
- Mistakes in the initial order
- A significant amount of time has passed without incident
When determining if a protective order should be terminated, the court will consider whether the threat of stalking or domestic violence has subsided. It is critical to note that obtaining a termination or modification is not guaranteed. The primary concern of the court is the protected individual and any children involved. Temporary visitation and custody rights can also be reevaluated during the process.
Our DeKalb County Protective Orders Lawyers Can Protect Your Rights
If a protective order has been issued against you, it is critical that you speak to our protective orders lawyer in DeKalb County at The Spizman Firm to ensure your rights are protected. Call us to schedule a consultation and to get the legal help you need today.
