Georgia has enacted some of the country’s most stringent laws regarding domestic violence. These laws provide protection for victims of domestic violence by restraining their abusers and providing financial support to the victims.
If you have experienced abuse or threats of domestic violence, you can count on David Lebowski to provide compassionate service and assertive representation.
TPO (Temporary Protective Orders)
The Temporary Protection Order restrains the abuser from doing, attempting to do, threatening to do any act of injury, maltreating, molesting, following, harassing, harming, or abusing you and/or your minor children in any manner. It orders the abuser not to attempt to come within a certain number of yards of you or your children. This includes your home, your place of employment, and your children’s school or daycare.
A petition for a TPO can be filed for both acts of Domestic Violence or Stalking. You should be able to describe the most recent incident that occurred. If the abuser lives in Georgia, the TPO must be filed in the county where the abuser lives.
The TPO will remain in effect unless specifically superseded by a subsequent signed and filed Order, by operation of law, or by Order of Dismissal, whichever occurs first. Only the Court can void, modify, or dismiss the Order. Either party may ask the Court to change or dismiss the Order by appearing before the Judge of the Superior Court. Violation of a TPO may be punishable by arrest and criminal prosecution or by civil penalties.
Stalking TPOs
The legal definition of Stalking is placing a person in reasonable fear for such person’s safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior. The most common stalking behaviors are: Following you, placing you under surveillance, or contacting you without your consent. Stalking behavior should be reported to law enforcement.
Help for Victims of DV
You or other household members do not have to suffer abuse or threats. David Lebowski can help you obtain protection. The first step is obtaining an ‘ex parte’ order that will provide immediate protection. Within two weeks, the court will schedule a hearing for a long-term restraining order. Our firm can represent you at that hearing to present evidence supporting your petition. We can also seek an order covering the possession of a home, child support, the possession of an automobile and other protections for you.
False Domestic Violence Claims
Sometimes, a person will untruthfully allege domestic violence in order to “stack the deck” in a divorce or child custody dispute. Domestic violence is a serious issue, and when someone lies about whether abuse has taken place, it can have devastating consequences on the accused party and the children.
If you have been falsely accused of domestic violence, call us immediately. If you are served with a temporary protective order, you generally have less than two weeks to hire an attorney and defend your case.
If we accept your case, you can rest assured that we believe in you and will fight for your rights.
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