Restraining Orders: What You Need to Know
People feel better about their lives when they are safe. Unfortunately, there are times when people threaten others. When this happens, the person being threatened feels like their life is unsettled and their safety is in jeopardy. If you or someone you care about is experiencing psychological or physical abuse, then filing a restraining order may be the best protection.
Restraining orders or protection orders, according to Georgia.gov, “are court issued documents that tell people to do or not to do certain things.” For example, if a property owner receives multiple noise complaints from tenants about another tenant, then the property owner can have an order of protection issued against the abusive party.
Often situations such as domestic violence or divorce proceedings can lead to a restraining order being filed. Also, a request for a protection or restraining order can be issued when there are financial problems. For example, if a family member is restricting access to another family member’s funds. Another example of a financial problem needing a restraining order is when a woman or man’s assets are being depleted by her or his ex-spouse and she or he is “unable to access his or her share of the assets.”
The process of obtaining a restraining order requires the authority of a judge. The judge must believe that further harm will be prevented by way of the protection or restraining order. A temporary order can be issued and then during a court hearing a decision can be made on whether to keep the order in place.
In most states, violating a restraining order is a misdemeanor and considered contempt of court. While penalties will vary depending on the type of violation and the state it occurred in, consequences such as fines and even jail time can come as a result. Repeated violations of a restraining order can increase the penalties in which the violator can be charged.
Having a lawyer file a restraining or protection order is the best way to protect you or your loved one. If you need help with filing a restraining order, then contact Miller & Wynn. We have decades of experience working with the law. Call (770)-942-2720 or visit our website at www.MillerWynnLaw.com.