Gwinnett County Domestic Violence Lawyer
Domestic violence accusations can arise at any time, but they are especially common in the divorce context. If you are accused of domestic violence, you should quickly contact The Spizman Firm. It is critically important to follow the conditions in a protective order, and even simple mistakes can result in a trip to jail. Call our office to speak with a Gwinnett County domestic violence lawyer today.
How Georgia Defines Domestic Violence
Georgia’s law is broad and sweeps in all sorts of conduct when committed against a family member. Many defendants are accused of:
- Battery
- Threats or harassment
- Sexual assault or molestation
- False imprisonment
- Endangering pets
- Damaging property
This is a serious charge. Even when the accusation is completely frivolous, anyone accused of domestic violence should immediately contact an attorney. A conviction can spiral out of control and play a serious role in child custody or other legal disputes. Fortunately, anyone accused should have their day in court, and an experienced lawyer can help make your case and get your voice heard.
Your Obligations Under a Protective Order
Georgia allows an alleged victim to request a temporary protective order based on nothing more than a signed affidavit. A judge can even grant a restraining order without a hearing (called an ex parte order), although you have a right to be heard before a judge enters a permanent order.
A standard protective order will contain a list of things you cannot do, such as contacting the alleged victim, visiting their job, or even reaching out to their family. You also will need to comply with certain mandatory requirements, such as not possessing firearms. A judge can even require that you vacate the home.
Any violation of the protective order can result in the police arresting you, fines, and even time in jail. These penalties are independent of the disposition in the underlying domestic violence case.
A little appreciated fact: you must follow the order, even if the alleged victim wants to make up or reaches out to you. We have seen this repeatedly: a partner gets a temporary order after a fight, only to want to make up a few days later. But the person subject to the order must continue to follow the terms religiously, or they could end up with time behind bars. Call The Spizman Firm if you have any questions about what steps to take to ensure compliance with this order.
Our Firm Stands Ready to Help in Any Way We Can
Domestic violence cases are complex because they are often filed hastily after blow-up arguments between family members. Nonetheless, anyone accused must act carefully to ensure they do not in any way violate a protective order.
It’s easy to have your rights violated when a partner lies on an application for a protective order. You need an attorney who can present your version of events in a compelling, timely way. Call our office to speak with a Gwinnett County domestic violence lawyer in a private consultation.
