What should I know housing and domestic violence?

Contents

• What are my rights?
• What is a civil family violence order?
• What is a criminal family violence order?

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What are my rights?

A victim of family violence should not be denied housing or evicted from subsidized housing just because of family violence.

 

A tenant has a right to terminate the lease due to domestic violence. A domestic violence victim  can terminate the lease early without penalty if they have: 

• a civil family violence order or 

• whose abuser is under a criminal family violence order. 

 

You must give at least 30 days written notice to the landlord. You should keep a copy of the notice and proof of its delivery. The landlord cannot charge an early termination fee or penalty for early termination. The landlord has to process the move out as if it is the last day of the lease. You do not have to tell your landlord where you will be moving. But you should give some forwarding address for the purpose of returning your security deposit. It does not have to be the address where you are moving, but can be the address of a friend or family member, or a P.O. Box address.

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What is a civil family violence order?

A civil family violence order is: 

• Any civil family protective order (TPO) issued by a Superior Court after a hearing

• Any ex parte temporary protective order issued to a victim who has a police report showing a basis for the order 

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What is a criminal family violence order?

A criminal family violence order is: 

• Any order of pretrial release issued as a result of an arrest for an act of family violence

• Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence

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Contents

• What can I do if I need housing?
• Who can I contact?

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What can I do if I need housing?

Georgia has several public housing and housing assistance programs. Most housing programs have long waiting lists, but you should apply to get on the list. Apply at your local housing authority. If you are denied or have questions about your rights, contact Georgia Legal Services or the Atlanta Legal Aid Society. Some shelters and non-profit agencies in your area may also have transitional housing available.

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Who can I contact?

Call l-800-33HAVEN for information on emergency shelters. For more information on safety planning and other family violence resources, contact the National Domestic Violence Hotline. The phone number is 1-800-799-7233.

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