Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Family Violence Protection Order

In general, Georgia law defines family violence as a family or household member hurting or trying to hurt another family or household member.  Any hitting, criminal damage to property, or other unwanted touching by a family or household member can qualify as family violence.  The court will look at the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

Georgia law provides for a family violence protection order for victims of domestic abuse.  There are two types of orders: a temporary protection order and a family violence protection order.  A temporary order may be given to you on the day you file for an order of protection.  It is a short term order to protect you until your family violence protection order hearing, which will take place within 30 days of filing.  A more permanent order cannot be issued until the alleged abuser is given a chance to give his or her side of the story.  The temporary order will be issued for the length of time that you have to wait until your hearing.

After you file your petition, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are given a chance to give your respective sides of the story, the judge will decide whether or not to issue a family violence protection order.  If your petition is granted, it can last up to a year, and you may apply to have it extended for up to three years.

If, after your hearing, you are granted a domestic violence order of protection, it is likely to dictate the following things: the abuser is not to contact you in any way; you are either to be given possession of the house with the abuser being forced to leave or the abuser is to provide for alternate housing; you are to be given a temporary custody order (if applicable); the abuser is to be ordered to go to counseling; and the abuser is to be ordered to stay away from your child’s school and daycare.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Georgia who have been victims of domestic violence can be found here.