North Georgia Family Lawyer discusses Domestic Violence and Temporary Protective Orders in Cleveland, Georgia at The Kimbrell Law Firm, P.C.

Have you or a loved one been a victim of domestic violence? An aggressor does not have to be found guilty of criminal charges before you can seek protection of the Court. Domestic violence aggressors often face civil punishment as a result of domestic violence. Civil punishment can include a Temporary Protective Order (TPO), removal from the marital or family residence, and/or the inability to contact the victims and their family members, which can include their children. A victim of domestic violence does not have to be married to the aggressor in order to seek the protection of the Court.

Georgia law provides protection for the family members of the victim that reside in the same household. For example, current and ex-spouses, parents/stepparents and children, co-parents, or individuals residing, or previously residing together, may seek relief from domestic violence in Georgia.

What are the grounds for a Protective Order?

There are a number of scenarios that may likely result in the Court granting a Protective Order, but the most common occurrences are: stalking, harassment, criminal trespass or criminal damage to property, threats, intimidation, domestic assault or battery, and unlawful restraint.

How and Where Do I file a Petition?

In order to seek the protection of the Court, the victim must file a verified Petition for a Protective Order, which will outline the acts of domestic violence that have occurred and any threats of domestic violence that are likely to occur in the future. Protective Orders are often granted ex parte in emergency situations. Petitions are filed in the county of residence of the aggressor, or the county where the act(s) occurred if the aggressor resides outside of the State of Georgia. If the victim is a minor child, then an adult must assist the minor and file the Petition on his or her behalf.

Why should you seek a TPO?

A victim of domestic violence should seek a TPO in order to seek the protection and assistance of the Court to prohibit the aggressor from engaging in certain acts, which usually include frequenting a specific location or contacting an identified individual or group of individuals that are protected under the law. Often times, Divorce actions follow the entry of a Temporary Protective Order. During a Temporary Protective Order, the Court has the ability to grant temporary possession of the marital residence, personal property, award temporary custody, alimony, and support, as well as, order the aggressor to pay the victim’s attorney’s fees.

Do you or someone you know need to discuss a TPO? Schedule a free consult with Sierra K. Kimbrell to discuss your options.

Call The Kimbrell Law Firm, P.C., if you are the victim of domestic violence or have been wrongfully accused of domestic violence and need assistance in protecting yourself and your rights.  

 706-343-8765 

sierra@kimbrelllaw.com  

-Written by founding attorney: Sierra K. Kimbrell  

Tips on approaching the holiday season as a new divorcee (Divorce Lawyer in Cleveland, Georgia)

Tips on approaching the holiday season as a new divorcee from a divorce lawyer in Cleveland, GA...

The holiday season is in full swing and you or a loved one may be struggling to navigate each day as a new divorcee. Change is difficult but not impossible. I have put togetherness a few tips to help your holiday season be merry and bright. 

1.   Wipe your expectation slate clean. Holidays are a time for family and traditions, but that doesn’t have to change just because you are newly separated or divorced. Avoid going into the season with expectations of traditions you had with your spouse. Instead, create new traditions to look forward to and plan. Have you always wanted  to do a certain activity or visit a certain destination but couldn’t because of extended family gatherings? Now is your chance to go! Just because you are divorced does not mean you no longer have family... lean on your mom, dad, siblings, or friends you consider family and be honest about your boundaries and what you need during your journey through this new holiday season. 
2. Communicate with the other co-parent. If you share children with your ex then communication will always be important but especially during holiday parenting time. Discuss logistics of visitation exchange and holiday plans if you don’t have a thorough parenting plan in place. Try to discuss holiday gifts or outings for your children so they don’t have a duplicated Christmas at each parents house. Communicate about your children’s feelings to make sure you both are fostering and promoting a healthy balance for your children. This is not only knew for you but new for your children as well. 
3. Personal and mental health. Your self esteem cand General well being can be significantly impacted by a divorce. Take time for yourself this holiday season and indulge a little on the days when you need it the most. 
4. Give back to your community. Some people do not have a large extended family but every person has a community they live in or are fond of for various reasons. Take the holiday season to give back. Volunteer or donate to your community and watch your time make someone else’s day brighter. 
5. Change is never easy, but it’s not impossible. In time this new territory will be old hat to you and you’ll smile at the memory and where your life has taken you. 

For more information on divorce, child custody or any other family law matter, give Sierra K. Kimbrell at The Kimbrell Law Firm, P.C. a call, 706-343-8765.