If you have been served with a temporary restraining order and wish to contest the allegations of domestic violence or stalking, then you have come to the right place. The attorneys at Lawrence Lewis P.C. represent respondents who wish to contest a petition for a domestic violence, repeat violence or dating violence injunction.

We represent men and women served with a temporary restraining order in Gwinnett County, GA, or the surrounding counties of DeKalb County, Fulton County, Hall County, Rockdale County, Cherokee County, Cobb County, Forsyth County or Douglas County.

At Lawrence Lewis, P.C., our attorneys thoroughly investigate the allegations made by the petitioner.  Although these hearings take place on an emergency basis, you are entitled to have an attorney that is completely prepared for the hearing. We take the following actions in a restraining order case:

1. At the upcoming scheduled hearing we may request a continuance so that we can confer with the petitioner, subpoena any witnesses to the events, and investigate the prior difficulties between the parties to show whether the claims are false or exaggerated.

2. By requesting a continuance we are able to then complete a thorough investigation and prepare for the hearing.

3. We then confer with eye witnesses, and subpoena the witnesses so that they can provide testimony in court about the allegations made in the petition.

4. We negotiate with the petitioner (through the petitioner`s attorney) to resolve the case with the goal of the injunction being dismissed.  The protective order is a drastic remedy that should be reserved for only the most serious cases.  Often far less drastic remedies are available to address any concerns of the petitioner.

Domestic violence injunctions (i.e. temporary restraining orders) are serious matters with serious consequences that can last a lifetime including:

■ Any restraining order is public record that can be uncovered by employers during the most basic background search which can affect your ability to get a job or get a promotion at your current job.

■ That record and the allegations made by the petitioner can never be sealed or expunged even if the judge refuses to grant the restraining order after a hearing.

■ While the restraining order is in effect, you lose certain civil rights, including the right to possess a firearm.

■ The judge can order you to get a psychological examination and complete any recommended follow-up treatment;

■ Attend Domestic Violence Counseling;

■ Pay child support or spousal support; and

■ Order you to have no contact or only supervised contact with your children.

Contact an experienced attorney that handles restraining orders.  We represent both men and woman in Gwinnett County, which includes the following cities: Auburn, Berkeley Lake, Braselton, Buford, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Loganville, Snellville, Sugar Hill and Suwanee.  In addition, we frequently handle cases in Fulton County (Atlanta, Alpharetta, College Park, Decatur, East Point, Fairburn, Hapeville, Palmetto, Roswell, Union City), DeKalb County (Avondale Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Stone Mountain), Hall County (Gainesville), and Cobb County (Acworth, Kennesaw, Marietta, Powder Springs, Smyrna).  I have also appeared in courthouses in Rockdale County (Conyers), Walton County (Loganville), Barrow County (Auburn, Winder), Forsyth County (Cumming), Cherokee County (Canton, Holly Springs, Woodstock), Douglas County (Douglasville), Butts County (Jackson), Henry County (McDonough, Stockbridge) and Clayton County.  

 

       Any man or woman claiming to be the victim of violence can apply for a restraining order for protection against domestic violence or stalking in Georgia.  The person filing the petition is called the petitioner and the person that is the target of the petition is called the respondent. The petition can be filed by anyone over the age of eighteen (18) to protect the petitioner and/or the petitioner`s minor children.

 

       The court first decides whether it will grant a temporary restraining order on an ex parte basis (after only considering the petitioner`s allegations). The court will then schedule the final hearing for 10-15 days later. During those ten to fifteen days attempts are made to serve the respondent. 

In many cases, the Respondent`s attorney can request a continuance in order to further investigate the allegations. The hearing is then usually rescheduled for 15 days later during which time the temporary restraining order is continued. At the final hearing, the Respondent`s attorney can cross-examine the petitioner and present other testimony and evidence.

 

If a final protective order is granted against you in Georgia, serious consequences can result including the following:

1. The injunction can be enforced in all 50 states;

2. You may be required to leave your home, and prevented from seeing your child, or order to pay child support;

3. You may not be able to purchase a firearm or other weapon, including ammunition;

4. The injunctions can have serious effects on your family law, divorce, alimony, or child custody case;

5. If it is alleged that you violated the order, you can be arrested for violation of a restraining order or charged with Aggravated Stalking, which is a serious felony, requiring a Superior Court judge to address bond; 

6. You could be subject to deportation or your application for citizenship would be affected;

7. A professional licenses may be affected;

8. Your employment applications may be affected, especially for job that require a background check, or the possession of a firearm;

9. Your application for housing may be affected;

10. Your admission to universities, colleges, or the military may be affected; and

11. Your eligibility for certain scholarships and/or federal grants may be affected.

 

Federal law, 18 U.S.C.A. Section 922(g)(8-9), prohibits any person from owning, possessing or using a firearm or ammunition under the following circumstances:

1. If the man or woman has been convicted of any misdemeanor act of domestic violence, including domestic assault or domestic battery; or

2. If the man or woman is the subject of a court order that does one of the following:

■ Was granted after the person received notice and had the chance to participate before the order was granted;

■ Provides for some kind of restraint of the individual from stalking, threatening or harassing a domestic relation, or if the order prevents any actions that would place another domestic relation in reasonable fear of bodily injury or harm;

■ Provides a finding that the person is a credible threat to the safety of the domestic relation; or

■ Prevents the use of physical force against the domestic relation that would reasonable by expected to cause bodily harm. 

 

A restraining order for domestic violence may be requested by any man or woman who claims to be the victim of domestic violence or who claims to believe that he or she will soon become the victim of domestic violence in Georgia.  To qualify as "domestic violence" under Georgia law the incidents described in the petition must have occurred between a husband and wife, a former husband and wife, people related by marriage or blood, people who are living together as an intimate couple, or parents who have a child in common. The domestic relationship is usually defined to include gay or lesbian couples who have lived together in an intimate relationship.

 

REPEAT VIOLENCE RESTRAINING ORDER  

In order to file a restraining order petition for repeat violence in Georgia, a person must claim to have been a victim of two acts of violence or stalking committed by another.  At least one of those incidents must have occurred within the last six (6) months. The person filing the petition need not show that the relationship is "romantic" or "domestic." Thus, the motion can be filed by neighbors, co-workers, or former friends.

 

After the person claiming to be the victim of domestic or repeat violence files a petition in Georgia, the paperwork is submitted to the judge. If the court grants the request the injunction for protection, or restraining order, will be granted on a temporary basis until the respondent can be served and appear at a hearing to address the accusations. The time and date of the hearing will be written on the notice. The sheriff`s department will serve you with the injunction for protection or repeat violence restraining order.

 

At the hearing for the restraining order in Georgia, the judge will hear testimony from the petitioner and respondent. The judge can grant the restraining order, continue the restraining order hearing, or dismiss the restraining order. The court has broad discretion to fashion a restraining order or domestic violence protective order which can include the following requirements:

■ A provision that prevents you from contacting the alleged victim at the alleged victims` home, place of employment, child care facility, school, or other location;

■ Provides that you cannot go within a certain number of feet of the alleged victim;

■ A "no-contact" provision that prevents you from calling, e-mailing, texting, or using a third party to contact the alleged victim; and

■ A provision which requires you to pay the petitioner money on a monthly basis as temporary child support;

■ A provision which provides for the circumstances and times at which you can visit your child, called a temporary child visitation order.

The restraining order under Georgia law will stay in effect until it expires, or is dismissed or modified by the court.

 

We have all read newspaper headlines about horrific acts of domestic violence throughout Georgia, including Atlanta, Gwinnett County and Henry County.  The domestic violence laws were intended to prevent these terrible acts. When a false allegation is made, however, the consequences can be equally devastating.

When an accusation is made, with or without any independent facts to support those allegations, the court will routinely grant the protective order on a temporary basis pending a hearing.  Few of these requests are denied.  According to a 2005 article in the Illinois Bar Journal, restraining orders are unfortunately considered by many as one part of the "gamesmanship of divorce."  If a false allegation is made, then evidence must be gathered to carefully refute that allegation.  The fact that a permanent injunction is granted is a fact that can be used during a Divorce or Family Law case.

A temporary restraining order or domestic violence order of protection is a serious legal remedy with serious legal consequences. Under Georgia law, once the restraining order has been issued and served, the subject of the order may not legally possess a firearm. Losing this important civil right demonstrates just how seriously the legislature treats these kinds of domestic violence issues.

Although men are most frequently the target of a domestic violence protective order, it is becoming more common for women to be the target of these accusations.  Women are particularly vulnerable to false accusations made during domestic violence protective order hearings.

When the man is the target, it is all too common that a wife or girlfriend will want to end a relationship with the father of her children or resolve financial disputes.  By making a false allegation of abuse or fear of domestic violence, the mother can accomplish many things, including having the father removed from the home and preventing the father from seeing the children.  The temporary restraining order can be granted after the court reviews only the application made by the person who alleges the incident occurred. 

The other side does not have an opportunity to respond until a full hearing can be held. Once you are served with a copy of the restraining order by the sheriff`s department, you must act quickly.  At the hearing, the court may hear testimony from both sides, and consider other evidence that is presented.  The court can decide to continue the restraining order or dismiss it.

Sometimes called the "poor man`s divorce court," the temporary domestic violence requests and hearings can be prone to abuse.  Only by hiring an experienced attorney can the respondent defend against false accusations often motivated by a desire to gain an advantage in a future family court hearing.  Especially when children are involved, it is important to protect all of your rights so that the best outcome for you and your family can be achieved.

FAQ: If the order has already been granted, can it later be dismissed or modified? 

Another common scenario occurs when a temporary or permanent restraining order is granted, and then the person who applied for the restraining order (the petitioner) wants to reconcile or get back together with the person subject to the order (the respondent). The restraining order is in effect until it is dismissed by the court, regardless of what the petitioner tells you.  If the petitioner desires to have the restraining order dismissed, the petitioner must appear in the Clerk`s office and complete certain paperwork.  Even after the paperwork is completed, the order remains in full force and effect until it is dismissed by the court.

The court may set the case for a hearing before deciding whether to dismiss the order. You should never discuss with the petitioner your desire to have the restraining order modified or dismissed because doing so could result in a violation of the order or additional criminal charges. You are not allowed to have anyone contact the petitioner, other than through your attorney under certain circumstances, for any purpose unless provided for in the order itself. If a modification of the order is appropriate, you can file a motion to modify the order.

Keyword: Protective Order Hearings Lawyers, Restraining Orders Attorney