Smyrna Domestic Violence Attorneys
Domestic violence is not something to be taken lightly but instead should be handled with the legal guidance of a skilled domestic violence attorney.
At least 2,035 people died due to domestic violence in Georgia alone from 2003 to 2018. Also, there were 45,715 recorded crisis calls to Georgia’s certified domestic violence agencies in 2018. Unfortunately, we don’t know if this is even close to the real number since many cases of domestic violence are not reported due to the victims’ feelings of fear, helplessness, and shame.
To make things worse, 37% of the domestic violence cases studied by Georgia’s Domestic Violence Fatality Review Project (2018) were witnessed by children. This is nowhere near a good thing, especially since children who witness violence at home are found to be 1000 times more likely to abuse others when they become adults.
Domestic violence can happen to anyone. It doesn’t matter whatever anyone’s race, age, or socioeconomic status is. Whether you are educated, uneducated, poor, middle class, or wealthy, you can still be domestically abused. No one is exempted from the possibility of this horror.
If you are someone who is suffering from abuse, or you want to help someone who is, there’s no better time to talk to an expert domestic violence attorney than now. Do not waste time. Domestic violence is a huge personal, social, and legal concern. Let us help resolve your problems in the best way we can.
Call us at (678) 504-8411 and talk to the best domestic violence attorneys of Vayman & Teitelbaum, P.C..
Domestic Violence Law in Smyrna
Generally speaking, domestic violence—also known as family violence—is an act of abuse that transpires between family members and unwedded couples. It involves one person trying to intimidate or control another using abuse.
Smyrna, GA has a law identifying violence as domestic when it occurs between the following people:
- Past or present spouses
- People recognized as parents of the same child
- Parents and their children
- Stepparents and their stepchildren
- Foster parents and their foster children
- Persons presently or formerly living in the same household
Domestic violence can also be physical, emotional, psychological, sexual, or economic.
Physical abuse may include the following:
- Child cruelty
- Many other state crimes to people or property
Moreover, emotional and psychological abuse can be done through:
- Threats of physical violence
- Isolation: the act of creating emotional, psychological, and physical distance from family and friends
- Stalking: the act of following or contacting other people without their consent which consequently causes emotional distress
If you ever find yourself experiencing these, you need to get help and contact a domestic violence attorney right away.
Under the law of Georgia concerning domestic violence, the following rights are given:
- A victim of domestic violence should not be denied housing nor should be evicted from subsidized housing because of family violence.
- A tenant has the right to terminate a lease due to domestic violence.
- A victim of domestic violence can terminate a lease early without penalty if he/she has a civil family violence order or his/her abuser is under a criminal family violence order. To do this, the victim should:
- Give at least 30 days written notice to the landlord
- Keep a copy of the notice and proof of its delivery
- Give a forwarding address where his/her security deposit can be returned to; the address can be of a friend, a family member, or a P.O. Box.
- If all these were done correctly, the landlord should not charge an early termination fee. He/She should also process the move out like he/she would’ve done on the last day of the lease.
To be sure that all your rights were not violated, hiring a skilled domestic violence attorney should be one of your priorities.
Georgia courts treat charges of domestic violence with utmost seriousness. Once a charge is filed, the court can issue a Family Violence Protection Order. This order will effectively prohibit the abuser from having any sort of contact with the victim for a certain period. Violation of this order can lead to jail time or an additional criminal charge.
The following is true under the Family Violence Protection Order:
- The abuser should leave the victim alone.
- The victim can take possession of the house and force the abuser to leave. This can be done with the assistance of a law enforcement officer per the instruction from the court.
- Assistance can be ordered to help the victim in getting his/her personal properties.
- The abuser can be ordered to provide alternative housing for his/her spouse, former spouse, parent, or children.
- Temporary custody of shared children can be awarded to the victim, and temporary visitation rights will be set.
- The abuser can be ordered to pay temporary child or spousal support.
- The abuser can be ordered to undergo counseling.
- The abuser can be imprisoned if he/she violated the order.
Normally, a protective order is effective for up to 12 months. However, if you choose to file a motion before the order ends, the court may grant you a three-year or permanent protective order. This can be done after going through a court hearing with you and the abuser.
During this type of situation, as well as with other domestic violence concerns, your best investment will be hiring a domestic violence attorney who will make sure to build and win your case strongly.
Best Legal Service
If you are a victim of domestic violence, do not think twice about asking for help and talking to a domestic violence attorney. In our law firm, experienced attorneys will be able to help you protect your rights and obtain protective orders, among many others.
If you are the one charged with domestic violence, we can also help you defend yourself under your constitutional rights. With the skills and knowledge of our domestic violence attorneys, we will understand and resolve your case through the best possible way of defense under the established law of Georgia. Lifting your restraining order and reducing your charges are just some of the legal services we can offer.
For more information on the prosecution process, protective orders, counseling options, shelters for victims, and other legal concerns around domestic violence, our law firm is always ready to help. Our team of committed domestic violence attorneys in Smyrna are here, available to work with you in protecting your rights and more.
Consult Our Law Firm Now
If you find yourself in an abusive relationship, or you have a domestic violence-related legal concern, send us a consultation immediately. Every second is important when it is someone’s safety on the line.
Call Vayman & Teitelbaum, P.C. on (678) 504-8411 and let our expert domestic violence attorneys help you now.