If someone is charged with battery for assaulting you is it easy to get an order of protection or restraining order ?

Asked over 1 year ago - Atlanta, GA

I'm thinking about getting an order of protection or taking out a restraining order on a woman who attacked me and my twin sister twice last month.Is it going to be easy because a warrant was issued in court (at the application warrant hearing) this past Friday.Will I have to go back to the courthouse and file again and wait for another court date or will it have been already in place from the battery charge.This is my very first time dealing with the courts or court period.Additional information that I have about the woman is that she was on probation for a felony and a misdemeaner,actually a couple...but anyway I just want to know what are my rights at this point.I don't want to allow her anymore chances to attack me or any of my relatives again.

Attorney answers (2)

  1. Robert Douglas Lenhardt

    Pro

    Contributor Level 10

    1

    Lawyer agrees

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    Answered . I agree with Glen about speaking with the victim advocate. However, in most assault/battery cases there is a no contact provision that is a special condition of bond. Violating the order would subject the Defendant to immediate arrest and possibly remaining in jail until trial. If the Defendant is convicted, no contact will most likely be a special condition of probation. But to answer your question, it would be easy to get a restraining order. I'm just not sure that it's necessary.

    This answer does not create an attorney-client relationship, and is meant for informational purposes only.
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . Talk with the victim's advocate in the Fulton County prosecutor's office.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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