Unfortunately, your situation is more common than you may think. Some spouses who are going through a divorce will do anything they think will hurt the other, including filing for a restraining order out of spite rather than out of fear for their safety. These spouses that abuse the system by filing for protective orders out of spite not only hurt their own families but also real victims of domestic violence that need the protection of the court.
In order to get a temporary restraining order in Georgia, a person would have filed a petition with the court that set forth what actions you allegedly took that placed that person in fear of their safety. It is simple for a person to obtain an ex-parte 30 day Protective Order, because they are granted based solely on the testimony and petition of the victim.
In order for the ex-parte 30 day Protective Order to be extended for 12 months or longer, the Georgia code mandates that there will have to be a hearing for the permanent order. This is your opportunity to defend yourself against the allegations.
When defending yourself in court it is advisable that you should have an attorney. The risks of losing the hearing may leave a negative impact on your divorce and custody matter. Your custody rights to your children could be affected, as well as many other issues that are important to you and your family.
If you are searching for an experienced advocate who can fight for your rights, call Atlanta Divorce Attorney Shalamar Parham at 678-439-1482 for a consultation.
Shalamar J. Parham is a divorce and child custody attorney in Atlanta, Georgia. She is a 2014-2019 SuperLawyers Georgia Rising Star honoree. She advocates for her clients with the goal to get them a final resolution that brings them more peace and a new, fresh start at the conclusion of their matter.
Parham Law Firm
400 Galleria Pkwy, Suite 1500
Atlanta, GA 30339