Marietta, GA asked in Family Law, Child Custody and Domestic Violence for Georgia

Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?

He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a hole in the wall of our previous apartment and proof of ongoing anger. Also I am having ongoing theapy and treatment by a doctor due to the coercive control of him and my Indian inlaws who sometimes visit from India. Can i get awarded temporary child custody?

3 Lawyer Answers
V. Joy Edwards
PREMIUM
V. Joy Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have protection for you and it would also address custody and child support pertaining to the children.

Joshua Schiffer
Joshua Schiffer
Answered
  • Domestic Violence Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: The short answer is "its easy" and "yes." Any victim of domestic violence qualifies for a protective order upon a basic showing to a judge, and they are offered in many communities 24/7. Larger counties have a One-Stop-Shop to assist.

I recommend you speak with a qualified LOCAL family lawyer in your community as well. That lawyer can assist you in understanding your rights and obligations, as well as ensure you are following best practices with your planning. Having the right lawyer NOW ensures you keep focus on the big issues and have a backstop when you are feeling weak.

Best of luck and no one should have to experience mental or physical domestic abuse, for spouses OR in-laws.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Consult with an attorney who can review the facts of the case and help you with the proper course of action regarding the protective order. You can get one, you just need to go through the proper channels to do so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.