Fighting Protective Orders With the Help of a Marietta Protective Order Defense Attorney
For Educational Purposes Only: Protection order related content is provided solely for educational purposes and is intended to offer understanding and knowledge in this specific area of law. Our law firm does not represent individuals or entities in obtaining protective orders.
If a protective order has been filed against you, a Marietta protective order defense attorney at The Waltman Firm can help defend your rights, freedom, and future.
Marietta Protective Order Defense Attorney
If the police are called because of a domestic disturbance in your home, and the law enforcement officers see reasonable proof of that disturbance (for example, a mark on the body of another person), you will most likely face a domestic violence charge. In addition, officers will recommend that the victim pursues a temporary protective order (TPO) that can be followed by a family violence protection order.
Domestic violence charges are taken very seriously in the state of Georgia. Under the legal definition, the victim has to have some kind of close relationship with the perpetrator. It’s usually committed by a spouse, intimate partner, household member, or family member.
However, in Georgia, domestic violence often doesn’t involve just physical abuse and beatings; it involves anything from stalking, criminal trespass, and unlawful restraint to child endangerment, aggravated assault, and attempted murder.
If someone has secured a restraining order against you, and you believe you were falsely accused, you mustn’t violate that order. It’s crucial to contact an experienced Marietta domestic violence attorney to fight back against the order through formal legal means.
Should You Hire a Protective Order Attorney After a Temporary Protective Order?
Since a temporary protective order can be brought against you just from mere allegations of harassment or stalking, you have to take this matter seriously. This order can, for example, force you to leave your house and cease any contact with your spouse, boyfriend, or girlfriend. It can also affect child visitation and custody arrangements and keep you from visiting your kids.
If you are forbidden to contact the alleged victim who brought the restraining order against you, you mustn’t contact them — not even pass a message through a friend or a relative. Any violation of this order can lead to further criminal offense charges like aggravated stalking, which is a felony crime.
Domestic abuse is always a complicated and sensitive legal process, regardless of the type of violence involved. If someone has brought a family violence protective order against you, having a competent domestic violence lawyer by your side is essential. If you reach out to The Waltman Firm regarding your Marietta, Georgia, domestic violence case, you can rest assured you will receive the most trustworthy and compassionate legal representation.
Best Protective Order Defense Attorney in Marietta
If you are arrested for domestic violence, it’s important to retain a criminal defense lawyer, regardless of whether you think you are guilty or not. The State of Georgia doesn’t require the consent of the alleged victims when it comes to domestic violence. Once the charges are filed, it becomes the state’s case, so they can’t be dropped even if alleged victims don’t want to proceed with the domestic violence cases.
Because of that, falsely accused individuals can potentially end up in jail for a crime they didn’t commit if they don’t retain an experienced criminal defense attorney. They can not only help you avoid harsh domestic violence consequences but also contest unjust family violence protective orders issued against you.
Top-Rated Protective Order Defense Lawyer
According to Georgia domestic violence laws, simple assault, simple battery, criminal damage to property, and criminal trespassing are included in the definition of domestic violence. When these crimes, committed against family members, past or present spouses, parents or children, stepparents or stepchildren, foster parents or foster children, or other individuals who are living or who have lived in the same household are labeled as family violence under the Georgia Family Violence Act, the stakes become much higher.
Obtaining Protection Orders
In Marietta, GA, an individual can bring a temporary protection order against you even without you being notified of a hearing. That hearing can occur even on the same day as a petition is filed. Typically, the judge will review the case and decide if a temporary ex parte order is necessary. It is called ex parte because it is for the benefit and in the presence of one party only.
If the court grants such an order, you will get the notice of the order and a notice of a court date for a hearing. That means a temporary restraining order can be established without a chance to tell your side of the story. An ex parte protective order will last until the full hearing, which is usually held within 30 days of filing a petition. Only then, at the full hearing, will you get the chance to tell your side of the story. The judge will decide on the case after reviewing the evidence and hearing any witness testimony.
Temporary ex parte orders are designed to protect alleged victims from the abusers until the court hearing. For obtaining long-term family violence protective orders, the hearing is mandatory. These orders last up to one year but can be extended to up to three years.
On the other side, breaking the terms of protective orders can lead to additional criminal charges, and you can be punished by being held in contempt of court. Violating terms of temporary restraining orders is a misdemeanor offense, punishable by up to 12 months in jail and a $1,000 fine. Also, bear in mind police officers can arrest an individual even just on probable cause that they have violated the terms of a family violence protective order.
Why You Should Hire a Protective Order Defense Lawyer
Temporary protective orders can be initiated based on the claims of one party only. Getting served with these restraining orders can have severe consequences, including being forced to leave your house, surrendering all firearms, difficulty finding a new place to live, or advancing your career.
If a family law violence action is initiated, the court can also address temporary custody and child visitation issues and order the accused party to pay alimony and child support payments. The accused party may even be instructed to pay the attorney fees and costs.
In addition to dealing with charges for domestic violence, an individual may also have a personal injury claim filed against them.
In criminal cases, domestic violence victims can only recover restitution to compensate for direct losses, but not for losses such as pain and suffering. Because of that, victims who suffered injuries due to domestic violence are sometimes instructed to file a personal injury claim.
In addition to needing a domestic violence attorney, you may also require the services of a personal injury attorney in Marietta, GA, if you suffered injuries in your domestic dispute. Our personal injury lawyer will stand by your side every step of the way.
Qualities of a Qualified Protective Order Defense Attorney in Marietta, GA
If you want to fight a protective order against you, it will be your duty to show that the evidence provided by the petitioner doesn’t prove the allegations against you. By having qualified lawyers on your side, you will be well-equipped to fight these charges.
A lawyer who has already tackled these types of cases can help you gather evidence regarding events the petitioner refers to as well as records that can relate to your case. Your domestic violence attorney can also make a list of potential witnesses who may have information about the petitioner or the incident itself.
Phone and GPS records, photos, videos, and even computer records can have a significant impact on your case.
What Can an Experienced Attorney Do?
An attorney who has previously handled these types of cases can also instruct you not to destroy potential evidence, try to talk to the petitioner or even witnesses, or disobey the terms of restraining orders. These actions will not go unpunished.
If the other party secures a temporary protective order against you due to physical violence, sexual abuse, or other charges, that can have devastating consequences on your professional and personal life. Skilled family law attorneys can walk you through the entire process and make sure your best interests are protected.
If you have been charged with domestic violence and served a restraining order, don’t try to fight the charges alone. You need a top-rated criminal defense lawyer on your side. Let our law firm help you ensure you have the best representation possible. Call us today, schedule a consultation and start building a strong defense for your case immediately.
Cost of a Protective Order Lawyer in Marietta
The cost of retaining the services of a knowledgeable domestic violence defense lawyer can range from $150 to $450 per hour. But, it can also cost more, and the exact price will depend on the unique facts of your case.
Being falsely accused of a crime is devastating. However, you should know that domestic violence can be charged as either a misdemeanor or a felony, depending on the circumstances of each individual case. That means you can have a felony conviction on your criminal record even if you are falsely accused. You need an experienced felony lawyer in Marietta, Georgia, on your side to protect your rights, future, and freedom from the serious consequences of a domestic violence conviction.
The Waltman Firm has represented many clients who were accused of domestic violence. We take a proactive and aggressive approach toward protecting our clients’ freedom and rights. We serve clients in Cobb County and the greater Atlanta area. Reach out to our law firm today by filling out the contact form on our website or calling our office at 770.288.9314.