Sunday, January 27, 2013

Blog 1 IPV and DV


GEORGIA

Georgia has a comprehensive set of laws addressing domestic violence in Chapter 13 of its Domestic Relations Code. Georgia law defines family violence as an offense by one member of a household, either current or past, against another member of the household. These individuals include present or past spouses, individuals who have children together, and parents and their children. Qualifying offenses include any felony, as well as battery, assault, stalking, property damage, trespassing and unlawful restraint. A person seeking protection from domestic violence may file a petition in county court requesting a protective order.  The court issues an immediate order, called an ex parte order, if the petition shows sufficient facts to justify it. The court must hold a hearing on the case within 30 days to determine whether a protective order is required. A protective order directs the offender to stop acts of domestic violence and establishes conditions for relations between the parties. The order may, for example, require the offender to leave the household, award temporary custody of children, require child support and divide the parties' personal property. The order remains in effect for one year, but the court has discretion to make the order effective for three years or permanently.

How can the state help me if I am a victim of domestic violence?

The Georgia Criminal Justice Coordinating Council has an application for financial assistant if you are a crime victim.This program assist eligible victims of crime with medical, funeral, crime scene clean-up and mental health counseling expenses. In addition, if applicable, victims may also apply for lost wages or loss of support benefits. The link is here: Victim's Compensation 

The State Board of Pardons and Paroles offers victim services including a service called V.I.P. which is a 24 hour automated information system used by the Georgia Department of Corrections in partnership with the State Board of Pardons and Paroles to provide victims of crime and/or their families with access to information about their offender. By simply picking up a telephone and dialing the toll-free V.I.P. number, information regarding custody status of an inmate can be obtained.

Media


This video about safety planning was created for GeorgiaLegalAid.org by Sharee Malcolm, a law student at Atlanta's John Marshall Law School.  The video content is based on a community education brochure created by Georgia Legal Services Program, Inc. and prepared under the direction of Georgia Legal Services Program. This is legal information, not legal advice.  If you have a legal problem, you should speak with a lawyer.

The following podcast has some general information on protective orders in Georgia and safety planning.  Mike Monahan, Pro Bono Director of the State Bar of Georgia talks with Vicky Kimbrell, Family Law Specialist Attorney from Georgia Legal Services Program.  Visit GLSP.org for Kimbrell's contact information.
Podcast

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