By: Larry Kohn, Georgia Domestic Violence Lawyer for Over 20 Years
Many law firms in Georgia practice in the field of criminal defense. However, some specialize and limit their practice areas to felony criminal offenses like murder and aggravated assault, or drug possession charges.
Plus, other child custody, family law and divorce law offices don’t regularly handle domestic violence Georgia cases. If this occurs in an existing case, the attorney will add on an assault, battery, protective order for domestic violence cases as an additional revenue source.
Our partners approach domestic abuse cases from a criminal law perspective. One partner, Cory Yager, brings almost 10 years of law enforcement experience before becoming a family violence attorney. So, if that foundation in criminal justice sounds like what you need to represent your interests, quit searching another lawyer directory for just ANY domestic violence lawyer near me.
Georgia Family Violence Act FVA
Wording of O.C.G.A. Section 19-13-3 (2017), commonly known as the “Georgia Family Violence Act” or its acronym, “FVA.”
Filing of petition seeking relief from family violence; granting of temporary relief ex parte; hearing; dismissal of petition upon failure to hold hearing; procedural advice for victims
(a) A person who is not a minor may seek relief under this article by filing a petition with the superior court alleging one or more acts of family violence. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition.
(b) 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. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner.
(c) Within ten days of the filing of the petition under this article or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30-day period the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days, the petition shall stand dismissed unless the parties otherwise agree.
(d) Family violence shelter or social service agency staff members designated by the court may explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to victims of family violence and to any other person designated by the superior court pursuant to this Code section as authorized to advise victims on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51.
Other Provisions of the Georgia Domestic Violence Law
The State of Georgia does not define “Domestic Violence” but defines “Family Violence” as:[T]he 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.
The term ‘family violence’ shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.”
Information on the Georgia Family Violence Act statute (FTA) is provided by William C. Head, AVVO superstar Larry Kohn (with over 470 attorney ratings by clients) and Cory Yager. Our law group’s criminal-law-trained, domestic violence attorneys near me know how to proceed with a temporary protective order (TPO) or emergency hearing for bond that your situation calls for.
For those in the metro Atlanta area. FREE lawyer consultation, 404-567-5515. Our lawyers in Atlanta work weekends and holidays, so DO NOT WAIT until Monday to call us! Why not get a free consultation and see the difference in a criminal-oriented legal team handling your pressing legal matter.
Our office locations are listed below:
MAIN LAW OFFICE IN SANDY SPRINGS, GEORGIA near I-285:
5590 Roswell Road
Sandy Springs, GA 30342
DOWNTOWN ATLANTA GA LOCATION (FULTON COUNTY):
235 Peachtree Street NE
Atlanta, GA 30303
MARIETTA, COBB COUNTY LOCATION:
109 Anderson Street
Marietta, GA 30060
ALPHARETTA-ROSWELL-MILTON LOCATION in North Fulton County, GA:
1001 Cambridge Square
Alpharetta, GA 30009