According to the Georgia Commission on Family Violence, in 2010, the number of crisis calls to Georgia’s certified domestic violence agencies was 71,212 and the number of protective and stalking orders issued in Georgia was 23,013. Domestic violence, also known as family violence, intimate partner violence and teen dating violence, is a widespread problem that continues to grow not only in the State of Georgia, but across the nation. 

Georgia law defines domestic violence as any felony, battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint and criminal trespass between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children and persons living or formerly living in the same household. (O.C.G.A. §19-13-1)

There are three types of abuse in a situation of domestic violence. They include:

1. Physical abuse such as choking, hitting, kicking, punching, pushing and slapping and the threat of using weapons. Physical abuse can occur and leave no visible injuries.
2. Psychological abuse can be in the form of manipulation, threats to you, your children and your family, control of assets especially cars and money, and criticizing and degrading you, your family, and peers.
3. Sexual abuse occurs when a person employs, uses, persuades, induces, entices, or coerces a minor who is not that person’s spouse to engage in any sexual act.

Domestic violence and abuse is not limited to obvious physical violence. Domestic violence can also mean endangerment, criminal coercion, kidnapping, unlawful imprisonment, trespassing, harassment, and stalking.

Studies have shown that domestic violence is committed primarily by males against females; although males and females in same-sex relationships experience domestic violence just as much as heterosexual females.

If your partner or spouse has ever hit you, threatened you, made you feel afraid, acted possessive, and attempted to control and isolate you away from your family and peers then you may be in an abusive relationship and a victim of domestic violence.

If you are a victim of domestic violence, be proactive and take the following steps:

1. Call the police. There is no right for your spouse or partner to abuse and threaten you in your own home.
2. Seek medical attention. Go to the emergency room and get checked out by your doctor. You may not be aware of hidden or potential injuries after the incident.
3. Before you leave talk with an attorney. Find and locate a safe haven. There are crisis hotlines and centers including Battered Women’s shelters available in your area.

Speak with our caring attorneys on issues regarding domestic violence today. Get peace of mind and understand your options with an initial consultation. Call our attorneys of Stearns-Montgomery & Proctor today at (678) 905-8492 or complete our simple contact form to set up your consultation and to receive additional information.

In 1981, the Georgia legislature enacted the Family Violence Act (FVA) in an attempt to bring an end to acts of family violence, or at the least, to provide courts with the authority to order temporary relief as it deems necessary to protect a potential victim from family violence.  Davis-Redding v. Redding, 246 Ga. App. 792 (2000).

While victims subjected to acts of family violence are often reluctant to seek help, it is important for the public to know that there are remedies readily available under the FVA.  Further, according to research compiled by the Cobb County Justice Foundation, children who see their mothers abused in the home are six (6) times more likely to commit suicide and twenty-four (24) times more likely to assault someone sexually than children in non-violent homes.  Statistics like these illustrate that it is necessary for victims of abuse to use the Courts to fight back against family violence not only to protect themselves, but their children, from future abuse. 

The Georgia FVA may be utilized for the protection of the following people:

            1)  Past or present spouses;

            2)  Persons who are parents of the same child;

            3)  Parents and children;

            4)  Step-parents and step-children;

            5)  Foster parents and foster children;

            6)  Any other persons living or formerly living in the same household (including                               boyfriends/girlfriends).*

            * The FVA does not apply to romantic relationships that do not result in a child where the parties have never lived together *

As defined by Georgia law, “family violence” means the occurrence of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.  Essentially, any incident of physical violence (including damage of property) between any of the applicable individuals referenced above will subject the aggressor to penalties under the Georgia FVA.  However, actual physical abuse is not necessary and a victim can seek protection under the Georgia FVA if the aggressor “attempts to commit violent injury” to the victim or “commits an act which places the victim in reasonable apprehension of immediately receiving a violence injury.” 

Once a person is subjected to family violence, he or she may file a petition setting forth the facts in the Superior Court of the county of the residence of the aggressor if the aggressor is a Georgia resident.  If the aggressor is not a Georgia resident, the petition should be filed in the county where the victim resides or in the county where the alleged act of family violence occurred. 

Generally, once a verified petition is filed a Superior Court Judge, if he finds probable cause to believe that family violence has occurred and may occur in the future (not a high standard), will issue an ex-parte restraining order or Temporary Protective Order (TPO), and will schedule a hearing, which is usually to be held within about ten (10) days.  The TPO generally restrains all contact between the parties until a full hearing can be held.  The Judge has broad discretion and has the ability to order the Respondent out of the home or alternatively, orders that the Respondent can stay in the home but must provide suitable housing for the Petitioner.   The TPO will be served on the Respondent by the sheriff who will assist the parties carry out the terms of the order (assist the Respondent gather his personal belongings, etc.). 

At the TPO hearing, both parties have the opportunity to present their evidence to the Judge.  If the Judge finds that an act of family violence has occurred, the Judge has broad authority to enter a 12 (twelve) month protective order which may order the following:

            1)  Restrain the Respondent to restrain from further acts of violence;

            2)  Grant Petitioner the exclusive use of the home, and exclude the Respondent, or require the Respondent to provide housing for the Petitioner for 12 months.

            3)  Award temporary custody of children and establish temporary child support and             visitation;

            4)  Award property (use of vehicles, etc.) and support (temporary spousal support)

            5)  Require the Respondent receives counseling, anger management, or other appropriate    psychiatric treatment; and/or

            6)  Award costs and attorney’s fees to the prevailing party

Often times, acts of family violence occur (or become more volatile) either right before or right after a spouse files for divorce.  In these instances, filing a Petition for Temporary Protective Order can result in quicker, more effective, and more efficient relief than waiting for a ruling from a judge in divorce court.  Further, a TPO issued against the other party could have a beneficial impact on the outcome of divorce proceedings.  The facts of each case vary and it may be necessary to meet with an attorney to discuss the options that could be right for you or your case. 

The attorneys at Stearns-Montgomery & Proctor are well-versed in the Georgia FVA and are experienced in prosecuting and defending TPOs in the Superior Courts of Cobb, Fulton, Cherokee, and other metro Atlanta counties.  If you or anyone you know has been a victim of family violence, please contact us so we can discuss how you can seek relief under the Georgia FVA.    

 *Special thanks to Attorney Jordan Hendrick for his contribution to this article!