Domestic Violence

Spousal and Child Abuse Lawyer in Georgia

Sometimes domestic violence issues lie under the surface of a divorce case. Arguments may erupt into physical altercations or threats of violence. Domestic violence, if proven, can have an effect on a party's rights during a divorce. Allegations of domestic violence, child abuse, and spousal abuse are serious, and must be treated as such.

For over 15 years, we at the law office of Jody A. Miller have represented victims of domestic violence and defended clients against allegations of domestic violence. Domestic abuse refers to certain types of violence between family members regardless of whether they are living in the same household, and regardless of whether or a divorce action is pending. It also refers to violence between close personal relations who live in the same household. Whether you are a victim or alleged perpetrator of domestic violence, you should contact us in Atlanta, Georgia, for an appointment.

A judge may issue a temporary restraining order to the victim of family violence. A person who claims they are the victim of family violence may petition the Superior Court of the county of residence of the 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 a certain threshold for presenting evidence of family violence and jurisdictional requirements have been met in this initial meeting, an immediate restraining order may be issued. A full hearing to determine whether the restraining order will continue must be held no later than thirty days after the issuance of the initial restraining order, and usually the hearing is held much sooner. 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 and will occur again. 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. While it is not necessary to hire an attorney to file a family violence petition, it is helpful to consult with us to learn more about your rights.

The state of Georgia takes allegations of domestic violence very seriously and so should you. At the 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, and Marietta.