During a contentious custody battle, it is not unusual for parents to find themselves defending themselves against accusations made by their former spouses. Though there are times when false allegations are made, sometimes the claims made are justified and honest. A parent who is legitimately concerned for the well-being of his or her children may grow frustrated by the slow pace of the average custody case or divorce. Visitation during this period is a volatile subject and most divorce attorneys discourage parents from refusing interactions between the other parent and mutual children but at times, but there are times when not seeing the other parent is in the best interest of the child. In these unique situations parents should consider getting protective orders for minor children.
What is Involved
Parents who are caring for a minor child are able to get a Georgia protective order on behalf of their child. Once an order is granted the non-custodial parent is unable to contact or interfere with the child or the household. In order to file for a family violence protective order in Georgia you must visit the superior court in the county the abuser resides in. If the judge believes you are in immediate danger, he or she may give you a temporary ex parte order that provides protection until a court hearing occurs. Once a hearing is scheduled, you must attend in order to give testimony and explain why you feel the protective order is necessary. Attending with legal representation is encouraged and if granted the order usually provides protection for one year, but the judge has the option of extending the order to three years or making it a permanent order.
How Protective Orders Help
The idea of getting a protection order on behalf of a child is daunting. Parents going through a stressful divorce are worried about making the situation worse for themselves and their children. Though the decision to get a protection order should not be taken lightly, it is a way to provide your child the protection and safety that they deserve. Children who are the victims of domestic violence and those who witness it often live with the long-term physical and emotional effects. Limiting a child’s exposure to domestic violence can help to reduce, or avoid, conditions like generalized anxiety, PTSD, and overwhelming worry about their safety and the safety of their family.
No Impact on Support
One reason parents hesitate pursuing protective orders for themselves or their children is out of fear they will negatively impact their child custody case, divorce process, or support payments. Fortunately, the court does require that the abuser continue making child or spousal support payments as required. Also, a person who has a protective order placed against them on behalf of a child or a former spouse is unable to disconnect utilities, stop payment on property (homes or vehicles) or do anything else that may hurt the person who filed for a family violence protective order.
When to Seek Help
After reaching the decision to file for a protective order on behalf of your child it is important that you discuss your options with a qualified attorney. The compassionate family law attorneys at Vayman and Teitelbaum understand the importance of protecting your children and yourself from family violence. Contact us today and schedule a consultation at one of our four offices conveniently located in the Atlanta metro area so that we can discuss your unique situation.
