Before you preparing to file a family violence case, you must decide if the law applies to you and which county has jurisdiction. The Georgia Family Violence Act does not apply to all persons and all acts of violence.
There are two tests under this law. They are the relationship test and the violence test.
A. The Relationship Test – The violence must be between people who have some relationship now or in the past.
If you can answer yes to any of the following questions, then you meet the relationship test.
- Is the violence between you and your husband or wife or past husband or wife?
- Is the violence between you and the other parent of your child?
- Is the violence between you and your parents, stepparents/foster parents?
- Is the violence between you and your children, stepchildren/foster children?
- Is the violence between you and a person who is living or formerly lived in the same household?
B. The Violence Test – The violent act must be a certain type of act.
If you can answer yes to any of the following questions, then you meet the violence test.
- Is the act a felony? (A felony is a crime defined by state law as a felony. Some 7 examples are homicide, attempted homicide, rape, arson.)
- Is the act a battery or simple battery? (When a person intentionally and wrongfully touches another, or causes physical harm to another.)
- Is the act an assault or simple assault? (When a person attempts to injure another, or put another person in reasonable fear of being hurt.)
- Is the act stalking? (When a person follows or contacts another for the purpose of harassing and intimidating.)
- Is the act criminal damage to property? (When a person illegally damages property.)
- Is the act unlawful restraint? (When a person illegally arrests, confines or detains another person.)
- Is the act a criminal trespass? (When a person damages property of another valued at $500.00 or less, or when a person knowingly or maliciously interferes with the property of another, or when a person comes onto the property of another without permission to do so.) If you answered yes to one of the questions in the relationship section and you answered yes to one of the questions about the violence, then the law may protect you.
Note: A person must be 18 or older to file on their own.
If you or a loved one is dealing with an abusive relationship and needs assistance getting a Protective Order, don’t hesitate to contact us today at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed attorney on your team to not only protect your physical well being, but also your financial well being.
