Divorce doesn’t always end abusive dynamics. Domestic violence after divorce remains a critical issue, with abusers often using legal processes, financial control, or custody disputes to maintain power. In Georgia, survivors face unique challenges when seeking protection while navigating post-divorce parenting arrangements or asset divisions. This guide explains your rights, legal options, and strategies to safeguard your family.
Legal Protections Against Post-Divorce Domestic Violence in Georgia
Georgia law provides robust tools to combat domestic violence, even after divorce. Key protections include:
- Temporary Protective Orders (TPOs): A judge can issue an emergency TPO within 24–48 hours if immediate danger exists. These orders prohibit contact, mandate distance requirements, and can grant temporary custody. Violations result in criminal charges.
- Criminal Charges for Violations: Post-divorce abuse—whether physical, emotional, or digital—can lead to felony charges. Georgia’s Family Violence Act (O.C.G.A. § 19-13-1) covers threats, stalking, and property damage by former spouses.
- Child Custody Modifications: Evidence of abuse allows courts to revise custody arrangements. Judges prioritize child safety, often restricting unsupervised visits or requiring supervised exchanges at neutral locations.
For immediate assistance, contact the National Domestic Violence Hotline or the Georgia Coalition Against Domestic Violence.
How Hobson & Hobson Protects Survivors
At Hobson & Hobson, P.C., our Atlanta family law attorneys combine 30+ years of experience with cutting-edge legal strategies to shield clients from post-divorce abuse. We focus on:
- Emergency TPO Filings: Expedited petitions with evidence like texts, emails, or witness testimonies.
- Custody Litigation: Aggressive advocacy to limit abusive parents’ access while preserving your parental rights.
- Financial Safeguards: Modifying alimony or asset divisions if economic abuse persists.
“We resolve cases in a manner that fits each client’s needs. Most importantly, we protect your best interests, ensuring the legal steps we take today benefit your life tomorrow.” – Hobson & Hobson, P.C.
Our team stays current with Georgia’s evolving laws, including recent updates to digital harassment statutes. Learn more about our divorce representation services.
Addressing Abuse Through Co-Parenting Arrangements
High-conflict custody cases require meticulous documentation. We recommend:
- Using court-approved apps like OurFamilyWizard to track communication.
- Requesting supervised visitation through agencies like Safe Families GA.
- Filing motions to enforce TPOs if an ex-spouse uses children to bypass no-contact orders.
In 2023, Georgia courts granted 87% of TPO petitions involving post-divorce abuse when supported by evidence.
Long-Term Solutions for Survivors
- Permanent Protective Orders: After a TPO expires, survivors can seek multi-year protections. These orders appear on the abuser’s criminal record, affecting employment and firearm rights.
- Restraining Order Violation Alerts: Partnering with local law enforcement, we integrate GPS monitoring in severe stalking cases.
- Therapeutic Support: Connect with trauma-informed counselors through RAINN or The National Coalition Against Domestic Violence.
FAQs: Domestic Violence After Divorce
Q: Can I modify custody if my ex becomes abusive post-divorce? A: Yes. Georgia courts prioritize child safety. Document incidents and file a modification petition immediately.
Q: How do I prove non-physical abuse? A: Save threatening voicemails, social media posts, or financial control evidence. Georgia recognizes emotional abuse as grounds for TPOs.
Q: Will a domestic violence charge affect alimony? A: Possibly. Courts may award higher spousal support if abuse impacted your earning capacity.
Q: Can a TPO remove firearms from my ex-spouse? A: Under O.C.G.A. § 16-11-129, judges can order firearm surrender for TPO violations.
Domestic violence after divorce requires swift, strategic action. At Hobson & Hobson, P.C., our attorneys provide compassionate yet assertive representation across Georgia, including Marietta, Alpharetta, and Roswell. With five metro Atlanta offices, we’re positioned to file emergency motions, negotiate custody terms, and secure your family’s future.
For immediate guidance, review Georgia’s protective order laws or call us at (770) 284-6153.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
