Domestic Violence

The superior court of the county where the defendant lives has authority over all lawsuits, petitions, and proceedings under the Family Violence Act, which includes Temporary Protective Orders, commonly referred to as Restraining Orders. The necessary forms may be obtained from the Superior Court Clerks Office, downloaded from this website, or prepared by an attorney. An attorney can fill out the forms for you. Family violence shelters or social service agency staff members designated by the court may explain to all victims not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The Clerk of the Court may provide forms for petitions and pleadings to victims of family violence. There is no cost to file a petition for relief under the Family Violence Act.

Any person who is not a minor may seek relief under the Family Violence Act by filing, in the Superior Court Clerks Annex, located at the Gwinnett County Detention Center, between the hours of 8 a.m. and 5 p.m, a petition with the superior court alleging one or more acts of family violence. Any person who is not a minor may also seek relief on behalf of a minor by filing such a petition.

Upon filing a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte (i.e. with only the petitioner present) as it deems necessary to protect the petitioner or a minor of the household from violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner.

Within ten days of the filing of the petition under this article or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing (where both petitioner and defendant may be present heard) will be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period the same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within 30 days, the petition shall stand dismissed unless the parties otherwise agree.

The temporary Protective Order may:

• Direct a party to refrain from such acts;
• Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;
• Require a party to provide suitable alternate housing for a spouse and his or her children;
• Award temporary custody of minor children and establish temporary visitation rights;
• Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;
• Order either party to make payments for the support of a minor child as required by law;
• Order either party to make payments for the support of a spouse as required by law;
• Provide for possession of personal property of the parties;
• Order a party to refrain from harassing or interfering with the other;
• Award costs and attorney's fees to either party; and
• Order either or all parties to receive appropriate or psychlogical services as a further measure to prevent the recurrence of family violence

Temporary Protective Orders will remain in effect for no more than 12 months, except upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to a permanent order.

The Temporary Protective Order is applicable and effective throughout the State of Georgia and in all other states. It is the duty of every superior court in this state and of every sheriff, every deputy sheriff, and every state, county, or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order issued by any court under the provisions of this Code section.

Once you have obtained a Temporary Protective Order (TPO) under the Family Violence Act, the Sheriffs Department will serve a copy of the order upon the respondent (person who is alleged to have committed the act of family violence). The efforts to locate the respondent will begin during the shift on which the order is received, and the Sheriffs Department will continue to attempt to serve the order until they are successful, or the time period for the order expires. If you have additional information that can assist the Sheriffs Department in locating the respondent, please contact them as soon as possible at (770) 822-3150. The deputies have the responsibility of notifying the respondent of the existence of the order, and properly putting the respondent on notice.

IF DIRECTED BY THE ORDER, the Sheriffs Department will evict the respondent from the residence where you both are residing. Under the supervision of a deputy sheriff, the respondent is allowed to gather enough personaleffects (i.e. clothing, toiletries, etc.) to sustain them until the hearing date which is set in your order. The date isnormally within 10 days as prescribed by law.When the respondent is served at a location other than the place from which he or she is to be evicted, thenarrangements will be made for a mutually convenient time for the Sheriff s Department and the respondent to retrieve the needed personal belongings.

IF DIRECTED BY THE ORDER, the deputies may retrieve custody of children or certain belongings from the respondent and then turn them over to you, the petitioner. Once the order is served upon the respondent, a copy of that order will remain on file in the Sheriffs Department as well as the Police Department. The existence of your order can be verified 24 hours a day during the time period that your order is in effect (normally 12 months or less). If you are having the respondent evicted from the residence, if is important for you to verify with the Sheriffs Department that the eviction has taken place BEFORE you return to the residence. This is for your safety. You may verify this information by contacting the Sheriffs Department at (770) 822-3150. If the respondent has been evicted from the residence, and later returns before the expiration of the Temporary Protective Order, you should first contact the Gwinnett County Police Department by dialing 911 or the local police department if the offense occurs in a municipality with a police department. Inform the operator that you have a Temporary Protective Order, and that you need a police officer.

The Family Violence Project provides free legal representation to victims of family violence in actions to obtain temporary protective orders. In addition to providing representation to victims of family violence, the Project also has a Pro Se Clinic, for persons we can't represent. The Pro Se Clinic provides an attorney with whom victims can discuss their case and teaches victims how to prepare for the temporary protective order hearing.

• To be eligible you must be a victim of recent violence or recently threatened with violence.
• To apply for assistance, contact us at 678-376-9844. Due to our limited resources we may not be able to provide assistance to everyone who applies. Applications are accepted on a first come, first served basis, and therefore it is strongly recommended that you contact us within 24 hours of filing your petition for a protective order. All applications are subject to approval. We may be unable to help victims who make a late application for our services. Please contact us immediately.

Partnership Against Domestic Violence. (Sé Habla Español)

If you are a victim of Domestic Violence and would like assist either completing this petition, having someone with you during your second family violence hearing or accessing legal services, please contact the Legal Services Coordinator with Partnership Against Domestic Violence on the pager 404-273-6035 or the crisis line 770-963-9799 :

Legal Services Coordinator
Partnership Against Domestic Violence
P.O. Box 1272
Lawrenceville, GA. 30046
770-963-9799

The mission of Partnership Against Domestic Violence (PADV) is supporting women and their children in their efforts to live violence free. PADV works to end domestic violence by:

• offering safety and shelter for battered women and their children;
• restoring power, self-sufficiency and control to domestic violence survivors; and
• educating the public on the dynamics of domestic violence.

For over a quarter of a century, PADV, the largest nonprofit domestic violence organization in Georgia, has provided professional, compassionate, caring and empowering support to battered women and their children in metro Atlanta. PADV began as an all-volunteer agency in 1975 and incorporated in 1977. Today the agency has over 40 full and part-time staff with an administrative office in downtown Atlanta, and two 24-hour emergency shelters in Fulton and Gwinnett Counties.

24-Hour Crisis Line: The crisis line is often times the only link to safety available for battered women and their children. The crisis line provides safety planning, information, and support to callers in immediate danger, and to those with questions about people who may be battered. Additionally, the crisis line offers referrals to community resources available throughout the state of Georgia. 12,332 CALLS RECEIVED

Emergency Shelter
Two emergency shelters provide a safe haven for women and their children during crisis. During their stay, the shelters are home to battered women and their children, providing them with legal advocacy, support groups, clothing, food, transportation, and referrals for housing, childcare and jobs. 751 BATTERED WOMEN & CHILDREN HOUSED & 20,845 BEDNIGHTS PROVIDED (# TIMES OUR BEDS WERE USED)

Parenting Groups
A series of programs are offered to help women in the shelter improve communication and to exchange ideas on effective parenting and non-violent disciplinary techniques. 104 WOMEN PARTICIPATED

Children and Youth Program
PADV provides a comprehensive program to help children deal with their feelings about domestic violence. It becomes a safe place where young people can share their feelings individually and with each other. Through an outstanding curriculum, the program emphasizes education and recreational activities. 348 CHILDREN PARTICIPATED

COMMUNITY BASED SERVICES
PADV provides an array of community based services as described. These services are available for survivors who may not need shelter based services but do need one or all of the resources listed below, which help them in their quest to live violence free. 2,044 WOMEN SUPPORTED

Transitional Services Program
The SUCCEED Transitional Program is designed to assist battered women in their efforts to gain independence from their abusers. Specifically, SUCCEED offers rental, utility, childcare, employment, legal and educational financial assistance to battered women working to live independently.

Legal Advocacy
Legal Services Program Coordinators in Fulton and Gwinnett Counties offer support and advocacy for survivors of domestic violence. These services include preparing TPO's (temporary protection orders), assisting clients in completing necessary paperwork, and advocating for the domestic violence survivor in the intimidating and complex judicial system.

Community Support Groups for Women
Support groups provide assistance to women who have left violent relationships or continue to live with their abuser. These groups provide a safe place for survivors to come together and share experiences, offer encouragement, support, and generate ideas on ways to live violence free.

Welfare Assistance
TANF (Temporary Assistance for Needy Families) is Georgia's welfare program. PADV's Domestic Violence TANF Assessors interview and assess welfare applicants who show signs of being victims of domestic violence, and provide them with service coordination, and referrals for community services, employment, and housing opportunities. Domestic violence survivors receive a waiver from certain TANF requirements without losing financial assistance, and may be reassessed at regular intervals until the barriers of domestic violence are overcome.

Services to Women with Disabilities
Women with disabilities have historically been underserved and either have had limited or no access to domestic violence services. A Voice/TTY was added to our crisis lines to adequately communicate with women who are deaf or hearing impaired. Ongoing training of shelter staff has helped to address other issues related to serving women with varying types of disabilities.

VOLUNTEERS: The agency trains a large volunteer force that assists with the crisis line, shelter operations, support groups, and the parent-child program. Volunteers also participate in the speakers bureau and help with administrative activities.

Those Who Batter

Who are those who batter? They.....

• Come from all socioeconomic backgrounds, races, religions, and walks of life. They are blue-collar and white-collar, unemployed and highly paid. They are drinkers or nondrinkers. They represent different personalities, family backgrounds and professions.
• Are usually only violent with their female partners. (One study found that 90% of abusers have no criminal records.)
• Are generally law abiding outside the home.

What are their common behaviors? They often.....

• deny the violence or its seriousness and often minimize its effects on the victim and other family members.
• show extreme jealousy and possessiveness, which often isolates the victim from family and friends.
• refuse to take responsibility for the abuse, often blaming their actions on alcohol or drugs, frustrations or stress, or the victim's behavior.
• hold rigid, traditional views of sex roles and parenting.

Why do they batter?

• Battering is learned behavior. Many batterers grew up in homes where they or their siblings were physically abused or where their mothers were abused by their fathers.
• Batterers use physical force to maintain power and control in their relationships with their partners. They have learned that violence works to achieve this end.
• Batterers choose to abuse their partners, and, until quite recently, there have been no consequences for these actions.
• There is no evidence that alcohol or drugs causes violent behavior. However, in incidents where alcohol or drugs are involved, the battering may be more severe.

Can batterers change their behavior?

• Because battering is learned behavior, it can be unlearned. Programs designed specifically for batterers can help them change their abusive behavior; however, they are not cure-alls. There must be mechanisms in place to help ensure safety for battered women including shelter and support services. Society must expect batterers to be held accountable for their behavior.
• The criminal justice system must take an aggressive approach to treating domestic violence as the crime it is. The community must send the message to abusers that battering will not be tolerated and that there will be consequences for their violence.

Information on Battering

Battering is learned behavior; it is the exercise of inappropriate power and control by the batterer over the abused. Battering can take many forms, such as physical abuse; economic control; verbal abuse; emotional abuse; using the children to manipulate the relationship with the victim.

Statistics Show that:

• One out of every three women in the US experiences domestic violence.
• Every 9 seconds a woman is battered in the US.
• Battering is the single largest cause of injuries requiring medical treatment for women more common than auto accidents, muggings and rape combined.
• Approximately 3.3 million children are exposed to domestic violence

Misconceptions about battering include:

• Battered women deserve to be beaten
• Battered women could leave home if they really wanted to
• Battered women are uneducated and have few jobs skills
• Battered women are crazy
• Minority women are battered more frequently than others
• Middle class women do not get battered as frequently or as severely-as-poor women
• The Battered Women's Syndrome affects only a small portion of the population
• Battered women are masochistic
• Drinking causes battering behavior
• Batterers are psychopathic personalities
• The batterer is never a loving partner
• Children need their father even if he is violent
• Batterers are violent in all their relationships
• Religious belief will prevent battering
• Batterers are unsuccessful and lack the resources to cope with the world
• Once a batterer, always a batterer

Domestic Violence can be eliminated if:

• Society recognizes that battering is a crime.
• Individuals condemn battering and become advocates for the victim.
• Legislation becomes enacted which aids the victim.
• Courts and police departments impose the laws and consequences that already exist.

Patterns of Abusive Relationships

Researchers have discovered that there is a pattern of abuse that occurs in violent family relationships. This pattern is called "The Cycle of Violence," and has the following three stages:

• Stage One is characterized by tension building. The batterer may slam doors, break the victim's possessions or make threats. The victim tries to appease the batterer, but the tension continues to build. The couple needs separation at this point.
• Stage Two involves battering. Physical abuse, such as kicking or hitting, and/or emotional and/or sexual abuse may occur in this stage. The battering may last for a few minutes or several hours.
• Stage Three is the "Manipulation Stage." In a continued effort to exert power and control over the victim, the batterer becomes loving and apologetic. Gifts and convincing promises never to be abusive again are typical in this stage. The batterer often denies responsibility for the attack and blames the victim for provoking it. The honeymoon stage will not last, and the cycle of violence usually begins again. Although this stage exists in most battering relationships, it is not always present, and it usually diminishes as the cycle of abuse continues.

Teen Violence Facts

• In the United States, more than 50% of all homicides are a result of violence between family members,friends, or acquaintances.
• Homicide is the second leading cause of death for all 15 to 24-year-olds in the United States.
• Children raised in violent homes are 15 times more likely to be abused or neglected than children raised in nonviolent homes.
• Children who witness family violence experience a variety of physical and emotional problems such as fear, anxiety, guilt, stress, developmental delays, learning or language problems, headaches, ulcers, and hearing impairment.
• Boys who witness their fathers abusing their mothers are more likely to batter their female partners as adults than boys raised in non-violent homes.
• Girls who witness their mothers being abused have a higher rate of selecting partners who will batter them as adults.
• Children from violent homes have a higher risk of alcohol/drug abuse and juvenile delinquency.

Why Battered Wives Don't Leave Home as Told By a Battered Woman

You Stay Because:

• Anywhere you can go, he can go. When he finds you, his rage will make former abuse seem mild.
• He has told you that if you try to leave, he will find your child at school and take it out on her, or on your pet, or your parents.
• Your friends have become alienated, and you have nowhere to go. If you do know people who may accept you, you inflict him on them and few people are altruistic enough to put up with that. I learned this the hard way, when a policeman told me that my violent husband was my problem, that I had no right to inflict him on the police.
• He lies convincingly. So you run away and the police bring you home, after he "explains" that you are insane and must be returned to his custody. Professionals find it hard to believe that a quiet, amiable, and educated man would do such things, especially since he never does it with witnesses around.
• You finally get him to go with you for counseling, and the counselor tells you that you both must trust and communicate. Over your frantic, surreptitious protests, what you told the counselor in confidence is repeated to your husband, who reacts with quiet, intelligent concern. The satisfied counselor then tells him you had assumed he would react with anger and violence. The counselor sends you on your way with a person to trust and communicate and as soon as your husband gets you alone, he beats the tar out of you.
• You got into the fix because you never expected a quiet, amiable man to be abusive. The first time he did it, his tears afterward made you sorrier for him that for yourself. Somehow it seemed to be your fault, because you didn't love or trust enough. Later, when the counselor agrees it was your fault, all you know is you tried everything and can't get away.
• I was lucky. There are years and hundreds of miles between me and my ex-husband now, but I still remember with special bitterness the psychiatrist, doctors and policemen who told me that I must enjoy or need such treatment, or I would never have put up with it.

Name withheld
Mercer County, NJ December 12, 1983

Family Violence