Family Violence Restraining Orders

Georgia law includes a “Family Violence Act,” which allows the victim of domestic violence, the threat of domestic violence or stalking, to obtain a Temporary Family Violence Restraining Order by appearing at the courthouse, signing an Affidavit and speaking with a judge. These Restraining Orders can typically be obtained within a few hours. Once the Temporary Restraining Order (often referred to as a “TRO”) is signed by the judge, it is served on the other party and becomes effective immediately.  A hearing is scheduled within 30 days of the court issuing the TRO, at which time the judge decides if the TRO will be extended or the case will be dismissed. 

A party may apply for a TRO even if they were never married to the other party. Thus, Family Violence Act cases can be independent of other family law proceedings. Generally, Temporary Restraining Orders in Atlanta are available against a family member, anyone the victim has lived with or the other parent of a child.   

To understand how to get a restraining order in Georgia call the lawyers at Collard Family Law today.

See O.C.G.A. 19-13-1 et seq.