Every relationship has its ups and downs. But when a relationship becomes dangerous or violent, or when you fear for your safety because of the acts or threats of a spouse, significant other, or relative, you need to take legal steps to protect yourself. That’s when a protective order can help. At The Law Offices of Precious Felder, LLC, we work closely with every client to ensure they receive the protection they need for their peace of mind and their physical safety.
A protective order is a formal and legal way to inform someone to stay away from an alleged victim. There are two types of protective orders that may be issued in Georgia, a family violence protective order or a stalking protective order.
Family Violence Protective Orders
Pursuant to the Official Code of Georgia Annotated (O.C.G.A.) 19-13-1, “Family Violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: (1) Any felony: or (2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
Pursuant to O.C.G.A. 19-13-3, “Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence.”
A family violence protective order may contain the following conditions:
- No contact via phone, text message, e-mail, letter, or any form of communication
- Staying a certain distance away from the victim and his/her home, workplace, school, and family members
- If the abuser lives in the same home as the victim, the abuser will be forced to move
- Ensure the victim and his/her children have suitable housing
Stalking Protective Orders
Pursuant to O.C.G.A. 16-5-90, “A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing, and intimidating the other person.”
To obtain a protective order, a petition must be filed in the Superior Court. The petitioner must make sufficient arguments, supported by evidence, to obtain a protective order. At The Law Offices of Precious Felder, we assist our clients with obtaining the protection they need. Contact our office for an attorney who can help.