Restraining Orders vs. Calling the Police in Atlanta
If you are dealing with a violent partner or a dangerous situation at home, you might be considering a restraining order in Atlanta. You might also be wondering whether you should simply call the police. Both are valid questions, and both actions can provide various forms of protection. A restraining order and a 9-11 call can serve very different functions, however, and you might want to review the differences alongside a family lawyer.
Always Call 9-1-1 if You Are in Immediate Danger
There is no reason to hesitate about calling 9-1-1 if you believe you are in danger. A call to your local police department ensures immediate attention – and it can resolve dangerous situations. For example, you might be under attack from an angry spouse. Perhaps you have locked yourself in a bathroom, and you’re reading this article while your spouse bangs on the door. Maybe you witnessed a family member abusing another family member in your household. Whatever the case may be, it’s time to stop reading and call 9-1-1.
Restraining Orders Are Issued by Civil Courts
One of the main differences between restraining orders and a 9-1-1 call is the requirement of court involvement. When you call 9-1-1, the abuser might face charges in criminal courts. A restraining order is issued by a civil court and, if granted, the abuser might face consequences in civil courts.
While restraining orders are issued by civil courts, violating a restraining order is a criminal offense – and it can result in incarceration. Another notable difference between criminal and civil courts is their respective burdens of proof. Criminal prosecutors must prove guilt beyond reasonable doubt. Conversely, in civil cases, such as when seeking a restraining order, the standard is ‘preponderance of the evidence,’ which is a lower threshold of proof. It means that the party must show that their claim is more likely true than not—essentially, they must convince the court that there is greater than a 50% chance that their version of the facts is correct.
In many family violence cases, it’s your word against theirs. This might not be enough to secure a conviction in criminal court – but the burden of proof is lower in civil court. As a result, it may be easier to get a restraining order compared to ensuring penalties in criminal court.
Can a Family Law Attorney in Atlanta Help With Restraining Orders?
While calling 9-1-1 is always a smart choice in situation where you are in immediate danger, family courts in Georgia give you many other options – including restraining orders. If you’re still not sure what course of action you should take, consider a consultation with the Atlanta divorce lawyers at Kaye, Lembeck, Hitt & French. We can help you promote safety in your family and household – and we can guide you toward a restraining order if necessary. Reach out today to get started with an action plan.
Sources:
georgia.gov/get-protective-order
womenslaw.org/laws/ga/restraining-orders
