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Domestic violence is a complex area of family law. Under Georgia law, domestic violence often involves criminal and family courts, even though they are two different areas of law. If you are a victim of domestic violence, you may not know which type of lawyer you should hire. In these situations, it is difficult to know whether you need to speak to a criminal prosecutor or a family law practitioner.
At Banks, Stubbs & McFarland LLP, we represent victims of family violence. If you are considering getting a divorce, and the issue of domestic violence has a role in your divorce proceedings, having an attorney by your side to give you legal advice is a wise move.
If you and your domestic abuser are co-parents, family court judges will also consider domestic abuse during child custody matters. If you are involved in a domestic violence case in the North Georgia area, our law firm can help. Contact our law firm as soon as possible to schedule your initial consultation.
The area of family law covers all areas associated with divorce. For example, the distribution of assets, child support, spousal support, child custody, visitation, and paternity issues are all part of family law. Domestic violence also falls into the area of family law. Victims of domestic violence may need to seek a protective order to keep themselves and their children safe.
When domestic violence is ongoing, the Department of Family Services (DFS) will usually get involved. If this is your situation, speaking with an experienced family law attorney can be wise. At Banks, Stubbs & McFarland LLP, we can help you understand your rights as a parent as you work with a social worker from DFS.
When law enforcement is called to a domestic violence call, and there is enough evidence, they may arrest the domestic violence suspect. Prosecutors can then bring criminal domestic violence charges against the suspect in criminal court. The defendant, who is accused of domestic violence, cannot launch counter-allegations against the victim.
If you are the victim of domestic violence, your abuser who is facing criminal charges cannot bring domestic charges against you, he or she can only defend against his or her domestic violence allegations. You will likely be called to testify at a domestic abuse criminal proceeding.
Domestic violence victims have the right to seek a protective order or a restraining order in the state of Georgia. The purpose of orders of protection is to stop domestic violence within a family. Georgia courts will issue an order of protection to limit the behavior of a person who harms or threatens another person.
Georgia family court, criminal court, and the Supreme Court judges can all issue an order of protection. Georgia family courts can issue orders of protection as part of a civil, not a criminal proceeding. Family court proceedings in Georgia are confidential, and judges seek to stop violence within a family and provide protection for any individuals who have been hurt, or who are at risk. Your relationship to the other person needs to fall into one of the following categories to obtain an order of protection in a Georgia Family Court:
An intimate relationship doesn’t need to be sexual in nature when it comes to requesting an order of protection in a family court. Instead, an intimate relationship depends on how often you see each other, or how long you’ve known each other. After you file a petition, the Georgia family court will determine whether you’re in an intimate relationship.
During a family law case, the victim does not receive any legal protections. Family proceedings operate on the assumption that a family dispute is not a criminal dispute. Courts do not have remedies for criminal acts that are involved in family dispute cases. In family law disputes, including divorce and child custody proceedings, the accused domestic abuser can defend himself or herself with their allegations.
In some cases, a domestic violence abuser can turn the Georgia courts against the domestic violence victim. Hiring an experienced domestic violence lawyer to help you with your case is essential. At Banks, Stubbs & McFarland LLP, we can represent your best interests during your divorce or child custody hearings. We understand the best way to gather and present the evidence demonstrating domestic violence in your case. We will advocate for your best interests throughout your divorce or custody matter while seeking a child custody agreement that protects you as the parent and your children.
An order of protection can direct the offending person not to injure, threaten, or harass your family, or any other person to listen to the order. A restraining order can restrict the individual regulated by order of protection by requiring him or her to do the following:
A violation of a protection order could result in jail time for that individual.
At Banks, Stubbs & McFarland LLP, we understand which facets of Georgia laws can protect you in a domestic violence incident. This knowledge is critical to your divorce case, your child custody case, the domestic violence case, or your petition for an order of protection. The sooner you reach out to a family lawyer, the better. Contact us today to schedule your initial consultation with our law firm.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.