In most legal situations, the burden of proof and the presumption of innocence are incredibly important. But sometimes, there is no time to determine whether someone is telling the truth or not. Sometimes, the court simply has to take people at their word to ensure their safety as quickly as possible. A clear example of this is when a spouse is being subjected to domestic abuse and needs help right away. But how quickly can you get a restraining order in Georgia?
If you are in danger, do not delay any longer. Simply pick up the phone and call 9-1-1. From there, you can get to safety and get in touch with a qualified family law attorney in Georgia. Our legal professionals can help you explore a range of potential options, including restraining orders, criminal charges, and perhaps divorce. While this situation can feel daunting, you can immediately strive for safety and security once you book a consultation with a lawyer.
Temporary Restraining Orders Explained
If you simply need to get to safety as quickly as possible in Georgia, then you should pursue a temporary restraining order. Otherwise known simply as a “TPO,” a temporary restraining order protects you and your children from physical and non-physical abuse. The key thing to remember here is that you can obtain a TPO in as little as 24 hours – possibly less. As soon as it is granted, your abuser will be served with the TPO, and they will be informed of the consequences if they attempt to come into contact with you.
The Hearing
Another important benefit of a TPO is the fact that you can get protection from real or perceived threats. This means that you only need to believe that you are in danger – and you do not necessarily have to prove that there is legitimate danger. The burden of proof is obviously quite low in these situations, but this only remains in place for a certain amount of time. TPOs are of course temporary, and they expire after a certain amount of time.
After the TPO is initially granted, a hearing will be scheduled. This usually occurs after a few weeks. During this hearing, you will need to show that you are legitimately in danger. The court will require you to explain why you think you need protection, and you may need to present evidence of past abuse. So while getting a TPO can be easy, keeping that protective order in place can be difficult.
This is why it is so important to work with an experienced attorney who can help you prove that you legitimately need protection from a genuinely dangerous situation.
Enlist the Help of a Qualified Attorney Today
If you have been searching for a family law attorney in Georgia, look no further than Lankford & Moore Law. Over the years, we have helped many spouses and vulnerable family members who need assistance. While calling 9-1-1 should be your first move if you feel unsafe, calling an attorney is a logical next step. After getting to safety, get in touch and book your consultation. We will assist you as you fight for your rights and pursue justice.