I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.
There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The... View More
answered on Feb 15, 2024
The Public Defender will get involved if there is a criminal issue, and if DFCS is involved you need representation ASAP.
There are several churches and charities that offer some financial assistance and referrals, especially if there has been abuse involved.
Do not wait to get... View More
I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.
His sentence for the FV Battery he was 120 days jail time.
As a repeat offender I expected some sort... View More
answered on Feb 7, 2024
Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.
Lots of reasons why the... View More
So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More
answered on Jan 29, 2024
I take it someone was arrested?
Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.
IF you or your BF were arrested, BE CAREFUL and get an... View More
answered on Jan 26, 2024
The standard pathway is the same as with all criminal allegations. The state will review the reports, issue an accusation or indictment (or dismiss), and eventually the court will schedule and arraignment.
More importantly, this is the time when your BF can gain an advantage by retaining... View More
Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge
Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end
answered on Dec 12, 2023
The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult. A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution. Travel... View More
11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More
answered on Nov 20, 2023
It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More
Her bf went to her room wanted money for drugs she said no he hit her she screams for me I did not go inner room cause she always turns on me so I stayed in kids room was at bedroom door when I got hit four times in my face by her bf I scream I’m calling police she comes into her kids room... View More
answered on Oct 12, 2023
Sounds scarily and unfortunately typical. Cops are called for one thing and then it all rolls downhill as folks keep TALKING to them.
With a mess like that you need to be extra careful as aggressive prosecutors will set up the dynamic to have everyone at their mercy, and a LOCAL LAWYER... View More
This was 10+ years ago and have had no other run ins since.
answered on Oct 2, 2023
That was almost certainly a misdemeanor, and if they weren't convicted it wont matter anyway. The only misdemeanor convictions that can affect 2nd amendment rights relate to Domestic Violence and even then there are issues to fight. Try the background check and i bet it works. If not it is... View More
answered on Oct 2, 2023
Absolutely!!! Verbal threats are real, and can even justify criminal charges such as Terroristic Threats. It may benefit you to speak with a victim advocate or lawyer to ensure your petition has all the right claims to ensure it is properly presented, but it should be fine if the language is what... View More
Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More
answered on Sep 25, 2023
A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More
My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More
answered on Sep 24, 2023
This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.
They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.
Bite... View More
Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?
answered on Sep 20, 2023
Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More
answered on Sep 20, 2023
Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More
My fiance is locked up in fannin county jail. They will not give him a bond
answered on Sep 5, 2023
It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More
Convicted of FV Battery 2016
Charged FV Battery 2018- bonded out without appearing in front of superior court judge, no orders put in place to protect victim
Charged FV Simple Battery 2021- same instance as 2018.
(All same victim)
The offender is also on felony... View More
answered on Aug 31, 2023
I would love the answer to make sense, but it wont.
Bonding procedures in Georgia are downright arbitrary, and it seems that the most innocent folks are always being overdetained while the bad folks get cut loose without a care in the world. Its infuriating!!
Have you or the... View More
His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?
answered on Aug 13, 2023
Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More
She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More
answered on Aug 13, 2023
Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More
He also is tbe one whom put marks on my daughter she has turned in me saying I did it now I gave a trial in a week no lawyer I fired him due to confluct if interest
answered on Aug 9, 2023
Unfortunately you are going to need to find a lawyer as soon as possible as that is the best way to ensure your rights are preserved. Was the lawyer you fired a Public Defender? If not you can try to apply for counsel from the court but if you fired them it gets a bit harder. DO NOT expect the... View More
I don’t understand how it’s saying private property when I was living at the home with my husband?
answered on Aug 8, 2023
The property involved was owned by and individual and not the State, that is what they mean.
Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.
I am betting a cell phone or something in the house was allegedly... View More
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