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Respecting a restraining order is important during divorce

When someone you were once close to gets a restraining order against you, it can be devastating. You probably want answers and closure. Unfortunately, any attempt to speak with the other person could leave you in a legally complicated position.

The courts in Georgia generally take a dim view of those who violate restraining orders for any reason whatsoever. You could face incarceration if you knowingly violate a court-issued restraining order. In cases of divorce, violating a restraining order during divorce proceedings could skew the entire process in favor of the other person.

The courts issue a restraining order when someone claims to be afraid for her or his personal safety or when minor children could be at risk. In time, the restraining order will expire unless you do something that inspires the court to extend it. Violating the restraining order by contacting, following or attempting to visit the victim could result in your arrest or complications to your divorce.

Georgia issues restraining orders for a variety of reasons

In the state of Georgia, there does not need to be a recorded history of physical violence for a restraining order to be issued. Even a recorded threat on a cellphone could be enough to obtain one. If you live with the person who asked for the restraining order, you can be forced to move out. In cases where law enforcement respond to an event involving physical violence, the responding officers can actually issue an emergency restraining order until the victim has the chance to request a court-issued restraining order.

Restraining orders can also be issued for psychological abuse, including threatening behavior, words or stalking. In some cases, a restraining order can also result from destroying or hiding assets leading up to a divorce or separation. Courts even issue restraining orders in cases of trademark and patent infringement. Excepting the trademark issue, generally a restraining order prohibits certain interpersonal behaviors, such as visiting or otherwise contacting the person requesting the order. A restraining order often applies to in-person encounters, digital harassment, mail and phone calls.

If you're the subject of a restraining order, you need an attorney

If you have been served with a restraining order, particularly one as a part of a divorce in the state of Georgia, you need the help of an experienced divorce and family law attorney as soon as possible. Your attorney can help you understand how to comply with the restraining order and help you through the process of divorce while subject to this hardship.

Source: Nov. 30, -0001

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