The Sauls Law Firm

2180 Satellite Boulevard, Suite 400 Duluth GA 30097 U.S.A. Gwinnett Co. View Map
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Family Violence

 
                             FAMILY VIOLENCE

Family Violence is a serious offense, and this form of abuse is among the deadliest in our nation. Family Violence is often a cycle, one spouse abuses the other, then apologizes for the abuse. The next time the abuse occurs it often progresses and becomes even more violent than the first incident. The fact is Family Violence and Sexual Assault are leading causes of injuries for girls and women between the ages of 15 and 44 in the state of Georgia. If you find yourself in an abusive relationship please get yourself some help. Georgia has strict laws on family violence, and offenders should be punished under these laws.

                               GEORGIA FAMILY VIOLENCE LAW

O.C.G.A. § 19 13 1 (Georgia Law)

the term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:

(1) Any felony; or

(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.

The term "family violence" shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.

                              WHAT TO DO IF YOU ARE A VICTIM

The first thing you need to do if you are a victim of Family Violence is to make sure you are safe. This means call the police, file a report, and make sure you leave the abusive situation. Next you need to seek help through the court system. A person who is not a minor can seek and receive relief by filing a petition for a protective order with the superior court of the county in which they live. The petition should allege one or more acts of family violence, and in many circumstances an Ex Parte Protective Order is issued (protective order that is issued by the judge immediately). This Ex Parte order will give immediate relief and in most cases awards custody of children, family residences, and family vehicles

The Court will hold a hearing within 30 days, and The Court will grant an order if there is enough evidence to support the petition (preponderance of the evidence standard) . This protective order can help the victim by allowing temporary custody of children, home, and other valuable belongings until the issues of the case are resolved. This Order can also address the need for temporary support of the victim and children, and the order restrains the abuser from coming in contact or the close proximity of the victim.

                             WHY USE THE SAULS LAW FIRM

I know how to protect my clients. I am a former Sheriff's Deputy, and I had to deal with Family Violence on a daily basis. I know victims in these cases are concerned for their safety, and they need my immediate attention. I am a very compassionate person, and will work hard to protect you and your family. I have a genuine concern for victims of Family Violence, I know the Georgia Laws, and I will get you the help you deserve and need. If you have any questions please feel free to contact my office, and I will speak to you personally.

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