Do I Have to Face My Abuser to Make a Restraining Order Permanent in Georgia?
Many domestic abuse and violence survivors remain silent because they do not want to face their abusers and fear of the repercussions of doing so. Those who decide to take action often prefer legal options that do not require direct confrontation. Is it possible to get a restraining order in Georgia without ever facing your abuser? This is a common question that an Atlanta family law attorney may be able to address.
The Sixth Amendment and the Right to Face One’s Accuser
Under the United States Constitution, your abuser has the right to face you directly during a permanent restraining order hearing in Georgia. The Sixth Amendment states that whenever someone accuses someone else of wrongdoing in the United States, they must do so in a public court of law and the accused has the right to defend themselves against any such allegations. Anonymous accusations are frowned upon in the US legal system.
In the context of protective orders, this means your abuser has the right to face you directly in court. From the court’s perspective, this helps prevent false accusations from unclear sources and gives a chance to assess each party’s credibility. From a victim’s perspective, however, this may be a daunting prospect given that details about the abuse will be given in front of your abuser and in a public setting.
Your Lawyer Can Represent You During the Hearing
Even though you must be present during your protective order hearing, you do not necessarily need to speak. Your lawyer can represent you throughout this process, and they may speak on your behalf. An experienced domestic violence attorney in Georgia can present evidence, cross-examine witnesses (including your abuser), object to evidence, and make oral arguments while you sit and watch.
Testifying Could Be Beneficial
That being said, it may be beneficial to testify during your protective order hearing. It may be easier to convince the court that you have experienced legitimate abuse if you speak directly to the judge. While recounting your abuse could be triggering and traumatic, it is always more impactful to hear these words come from the person who actually experienced harm. Generally speaking, courts always strive to prioritize firsthand accounts – as they are more reliable. That being said, it could be possible to provide the court with a written or pre-filmed statement.
A Hearing May Not Be Required for a Temporary Restraining Order
You can obtain a temporary restraining order with few legal hurdles, and a hearing may not be necessary. Courts in Georgia recognize the urgency of these situations, and they usually grant temporary restraining orders very quickly without checking the validity of your claims. However, this will only provide about a month of protection – and you’ll need to attend a hearing if you want your restraining order to become permanent.
Can a Family Law Attorney in Atlanta Help Me Get a Restraining Order?
Although facing your accuser might seem like a daunting prospect, it may be easier to get a restraining order than you realize. If granted, victims can take solace in the fact that there are legal protections against physical proximity and any contact from the abuser. While internet research can provide basic information on this subject, an experienced family law attorney in Atlanta can address your unique priorities and concerns during a consultation. Reach out to Kaye, Lembeck, Hitt & French today to continue this conversation.
Sources:
constitution.congress.gov/browse/essay/amdt6-5-3-4/ALDE_00013459/
womenslaw.org/laws/ga/restraining-orders/all#node-30024
