Spousal and Child Abuse Attorney
For more than 20 years, the law office of Jody A. Miller has represented victims of domestic violence and defended clients against allegations of domestic violence. We understand domestic abuse can produce challenges and hardship in all areas of life. We provide creative legal services to help our clients deal with these challenges.
Whether you are a victim or alleged perpetrator of domestic violence, contact us in Atlanta, Georgia, for an appointment.
What is Domestic Abuse?
Domestic abuse refers to one or more acts of violence between past and present spouses, parents of a child, parents and children, foster parents and foster children and other persons living or formerly living in the same household; the violent acts include:
- Battery and simple battery
- Assault and simple assault
- Criminal damage to property
- Criminal trespassing
- Unlawful restraint
A person who claims they are the victim of family violence may petition the Superior Court of the county of residence of the alleged perpetrator for relief. A petition for a family violence restraining order usually results in an initial meeting between the judge and the victim. If the judge believes that there is enough evidence of family violence and jurisdictional requirements have been met in this initial meeting, an immediate temporary restraining order may be issued.
A full hearing to determine whether the restraining order will continue must be held no later than 30 days after the issuance of the initial restraining order. A family violence restraining order will prevent an alleged perpetrator from contacting or going near a victim. These are serious orders and may prevent persons from seeing their children or going home. A perpetrator may face additional criminal charges if they violate such an order.
If you believe you have been a victim of domestic violence, you have options to protect yourself. Hire an attorney to file a family violence petition with the superior court alleging that violence occurred. The court has a variety of remedies to protect a person against domestic violence, including a restraining order, forced eviction of the alleged perpetrator, relocation of the victim and children, and even financial relief.
Family Violence and Divorce
Family arguments may erupt into physical altercations or threats of violence. Any allegations of domestic violence, child abuse and spousal abuse are serious and must be treated as such. Domestic violence, if proven, can have an effect on a party's rights during a divorce. If you believe you spouse or partner has perpetrated an act of domestic violence, or if you have been accused of such an act, we can help protect your rights.
The State of Georgia takes allegations of domestic violence very seriously and so should you. At the Atlanta law firm of Jody A. Miller, we represent people filing for a petition, and we also defend against these serious accusations. Contact us for advice about dealing with domestic violence.
Our firm represents clients throughout Georgia, including people in Carrolton, Jonesboro, Cartersville, Lawrenceville, and Marietta.