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What Help Georgia Law Provides to Family Violence Victims

Several forms of help for family violence victims are written into Georgia law itself, and none of them requires hiring a lawyer first.

Free Help Preparing the Petition

Under OCGA 19-13-3(d), “[f]amily violence shelter 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 court may provide the forms themselves. The statute adds that “[a]ny assistance provided pursuant to this Code section shall be performed without cost to the petitioners,” and that giving it does not amount to practicing law. So a shelter worker can walk you through the paperwork without either of you doing anything improper.

Shelters and Their Locations

OCGA 19-13-22 sets the conditions a family violence shelter has to meet to be approved and funded by the state, including an endorsement from local law enforcement and a board that includes a law enforcement member. Admission is voluntary. Moreover, under OCGA 19-13-23, publishing or otherwise disclosing the location of a family violence shelter is a misdemeanor unless the shelter’s director authorizes it or the disclosure is a confidential communication between a client and an attorney.

Family Justice Centers

Georgia’s Family Justice Center Act, OCGA 19-13-70 and following, authorizes counties, municipalities and district attorneys to create centers that put law enforcement, prosecutors, victim services, social services and community organizations in one location. The stated purpose is to spare victims the “fragmented and duplicative systems of support” that make people repeat their story to agency after agency. Whether one exists near you depends on whether your county or district attorney has established it.

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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!

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