Atlanta Divorce Attorney Blog

Our final blog entry in our Atlanta Divorce Lawyers Guide to Divorce and Family Law Cases in Fulton County, Georgia is in regards to the Fulton County’s Guardian Ad Litem program. A Guardian Ad Litem is an attorney who has had at least 20 hours of specialized training for child welfare and custody issues. In cases involving contested child custody, modifications of custody, modification of visitation, allegations of child neglect or child abuse, the Court can assign a Guardian Ad Litem to more closely evaluate the situation and report back to the court its findings. The Court or the Guardian Ad Litem can order psychological evaluations and drug testing if applicable to help in making a custody determination.

The cost of a Guardian Ad Litem can be rather high for most divorces in Georgia. Litigants should be aware that Fulton County offers a Guardian Ad Litem (GAL) at a reduced hourly rate.

The procedure for obtaining a temporary protective order for family violence is unique compared to other court filings. The victim must go to the Superior Court in the county in which the Defendant resides to file a Petition alleging specific acts of family violence, as defined in O.C.G.A. §19-13-1. If the presiding Judge finds that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the Court may issue a temporary ex parte Order to protect the victim from further acts of violence by requiring the Defendant to stay away from the victim. The Order may also include provisions concerning who will live in the home, who will have custody of any children, who will pay the bills, and provisions for support. The Defendant will then be served with the ex parte Order.

Within the next 30 days, the Court will schedule a hearing which both parties will attend. At the hearing, the victim must prove his/her allegations by a preponderance of the evidence and the Defendant will have a chance to present his/her defense. The victim should bring all evidence to the hearing, such as pictures of bruises, scratches or other injuries, doctor’s reports, audio recordings, and damaged property. If the family violence is proven by a preponderance of the evidence, the Order may be extended for a longer period of time. Also, the Court can address any concerns not addressed in the initial temporary order at this time including child support, spousal support, custody and visitation.

Unfortunately, we often get calls from prospective clients who have been victims of domestic violence (aka family violence) or who want a protective order against a spouse or former spouse. This relief can often be obtained through the Superior Courts of the State of Georgia. According to O.C.G.A. §19-13-1, “family violence” means the occurrence of a felony or commission of battery, simple batter, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass between past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.

If you are have been the victim of family violence remember that there are resources available for victims of family violence. Also, when appropriate, you can and should consider obtaining a temporary protective order for your protection and the protection of your family.

When someone mentions the words “Domestic Violence”, some people may associate these words with physical abuse. Domestic violence, however, takes many shapes and forms and a person does not need to be physically abused to experience domestic violence. If your spouse verbally abuses you or he or she controls every facet of your life and he or she will not allow you to make any decisions on your own, then you may be a victim of domestic violence. Physical, verbal and mental abuse, however, are not the only forms of domestic violence. If you have been raped or have been stalked by another individual, you are also a victim of domestic violence. According to the Georgia Coalition Against Domestic Violence website, if your spouse, threatens you, controls you, abuses you, or you fear for you or your children’s safety, then you may be a victim of domestic violence.

If you are a victim of domestic violence, you have several options available to you. According to O.C.G.A. § 19-3-3, you can file a Petition seeking relief against family violence with the Court. If you need immediate assistance, however, then you can contact one of the family violence shelters in your area. You can find a list of these shelters on the Georgia Coalition Against Domestic Violence’s website or here for a list of shelters.

Due to Georgia Law, these websites are very limited on the information that they provide for these shelters so you will only find a telephone number or a Post Office Box. According to O.C.G.A. § 19-13-23, it is a misdemeanor to provide the address of a family violence shelter unless a client gives the address to his or her attorney or the family violence authorizes the address to be published.