Last updated on April 8, 2021

verified Fact Checked expand_more

To help ensure accuracy, this page was written, edited and is periodically reviewed by a knowledgeable team of legal writers per our editorial guidelines. It was approved for publication by founding attorney Samuel Siemon, who has amassed extensive experience as a Georgia family law attorney. Our last modified date shows when the page underwent a review.

Federal lawsuit highlights irony in domestic violence statute

One tangential and unfortunate byproduct of some relationships, both ongoing and following divorce or separation, is family violence, especially acts of domestic abuse that are committed by one partner against another, or against children.

In Georgia and throughout the rest of the country, much about domestic violence that was kept quiet and shrouded in secrecy inside the family home in bygone years is now, thankfully, out in the open and dealt with much more swiftly and resolutely by law enforcement agencies and the courts.

An experienced family law attorney knows how to work seamlessly with other professionals to help a victim secure shelter or get in contact with an advocacy agency that can help put a stop to violence. A proven attorney also knows how to work with the courts to promptly secure orders that protect against violence, such as a restraining order against an offender.

That assistance is predicated, of course, on laws that make sense, something that the ACLU is currently seeking to drive home pursuant to a federal lawsuit it has just filed on behalf of a violence victim in Pennsylvania. A town there has a municipal ordinance that allows for penalties against landlords following the third time that police are summoned to a residence for any type of disturbance.

That happened to the woman. Specifically, she was repeatedly harmed by her partner, with the ultimate result being her eviction from her apartment.

The ACLU and a legion of advocacy groups find such a result to be cruel and misplaced, as well as ironical for the result that battered victims are punished rather than protected. The woman’s defense team has named the municipality as a defendant in the case, saying that its statute impermissibly interferes with victims’ constitutional rights of due process.

The city has issued a responding statement saying that the ordinance “does not, in any way … punish victims of domestic violence.”

Source: Philly.com, “ACLU: ‘Three strikes’ evicted battered woman from home,” Frank Kummer, April 25, 2013

Reach Out To Our Experienced Team For Help With Your Legal Issues

How The Siemon Law Firm Divorce and Family Law Attorneys, P.C. Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map