Exactly What Divorced Spouses Should Realize Concerning Restraining and Protective Orders

More often than not the submitting of a separation and divorce petition is not something that is carried out overnight or in the heat of the moment. The majority of people acknowledge the scale of such a resolution, and they take their time and also do everything conceivable to mend the spousal relationship prior to going all the way through with the actual divorce. Husbands and wives whose partnership is under stress can occasionally reside separately for a while in an effort to obtain the restored point of view that space provides. Subsequently, if these efforts at getting back together don't bear fruit and the individuals choose to divorce, a suitable bit of time has passed and they are generally in the position to work on the terms civilly and also cooperatively without a great deal acrimony or perhaps heated emotion.

Having said that, there are other cases when the actual announcement that a divorce petition has been submitted may be met with outrage or perhaps escalate a pre-existing violent or abusive problem. It should be stressed that the first thing that any individual that is going through an act of domestic violence ought to do is call 911 and get law enforcement involved for their own safety. Domestic violence is a serious issue; reports indicate that some 1.3 million women are victims of violent physical attacks at the hands of intimate partners every year, and so absolutely nothing should be left to chance. Threats can bring about action, therefore it is generally a smart idea to err on the side of caution and therefore phone the police if you feel that you or somebody else, like your children or a 3rd party, could possibly be at risk.

After that the appropriate thing to do would generally be to register for a restraining or protective order with the superior court. If the risk of continued physical or mental abuse, harassment, or assault is immediate the court will issue a short-term ex parte protective order. This would prohibit the alleged abuser from communication with the petitioner until finally a hearing takes place. At the subsequent hearing the accused is going to be given the chance to reply to the complaint. The court may well then issue a permanent restraining or protective order if it is judged necessary and appropriate, and this may stay in effect for up to a year.

If you have questions or worries about protective and restraining orders, contact a Atlanta GA child custody attorney to arrange for a complimentary consultation. The best divorce lawyer Atlanta Georgia can provide the assistance you may need with all aspects of a Atlanta GA divorce.