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Questions Answered by Joshua Schiffer
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2023

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution...
Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Family Law for Georgia on
Q: I was assaulted by my ex’s daughter I pushed her off me and left. I was arrested 4 days later and charged with family vi

I have texts from ex stating her daughter did it because I was going to padlock the doors so she could not move in

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

Sadly these "late charges" are becoming more and more common. Its awful. You need to retain a local lawyer in West GA to assist you, as they will make the process MUCH easier as you do need to satisfy the warrant before it interrupts your life even more. They will help you with a quick... Read more »

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: BATTERY FAMILY VIOLENCE, LEGITIMITATION, GUARDIANSHIP

THANK YOU FOR YOUR TIME. I'M GOING THROUGH A CASE FOR BATTERY FAMILY VIOLENCE THAT MY KIDS MOTHER REPORT ON ME. WE HAVEN'T BEEN TOGETHER FOR 5 YEARS NOW BUT SHE STILL LIVES IN MY HOUSE SINCE I'VE BEEN TRYING TO KEEP MY KIDS CLOSE TO HER THE MORE THAT I CAN. THIS PERSON HAS MEDICAL... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Dec 31, 2022

My FIRM advice is to hire a local attorney who practices both basic criminal defense as well a Family law. The issues are combined and the right work on the Family Law case will profoundly benefit your criminal matter. It is also a great wedge against her to force her to be more responsible. You... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Hello is there any way to find case evidence on this court document posted

252 Ga. 338 (1984)

313 S.E.2d 475

SPENCE v. THE STATE.

40511.

Supreme Court of Georgia

Joshua Schiffer
Joshua Schiffer
answered on Dec 12, 2022

The best way to get whatever information is in the file, including what evidence was made part of the record, is to contact the clerk of court for the matter and request a copy of the file.

Now the case you have is at the GA Supreme Court so the only filings will be those for the appeal...
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1 Answer | Asked in Criminal Law for Georgia on
Q: How long when arrested in state of Georgia for misdemeanor technical violation of probation does your probation officer

Have to come to the jail or have a probation hearing?

Joshua Schiffer
Joshua Schiffer
answered on Dec 12, 2022

It generally within a couple of weeks, but it is not #fast as the hearing schedule is all up to the courts. The best way to get a revocation moving is to hire a local lawyer who works in that circuit all the time and they should be able to facilitate directly with the Courts in an effort to move... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If somebody is out on bond with a curfew and an ankle monitor, how can you get the curfew extended for work?

It's my assistant manager and I'm trying to get him promoted, but he has to have open availability. The case hasn't even made it to superior court yet and may not. His lawyer is court appointed and ignoring him(not returning phone calls or messages). Thank you in advance.

Joshua Schiffer
Joshua Schiffer
answered on Dec 12, 2022

The above is correct and it stinks when the PD is ignoring the clients needs. Unfortunately often the PD's are dramatically overworked and cannot provide the services and attention that a private lawyer can, so it may be a good idea to call some LOCAL lawyers and inquire about hiring them.... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: If I’m the victim and I recant my story , can I go to jail ? I have no criminal history whatsoever.

I lied and said my baby father held me at gunpoint and shot at me , which wasn’t true . Now I’m ready to tell the judge the truth because he’s facing serious time because I was mad at him .

Joshua Schiffer
Joshua Schiffer
answered on Dec 1, 2022

Absolutely you can be prosecuted under a few different pathways and this is a very precarious position for you. The state is very familiar with putative victims trying to assist and support their loved ones when they may have said something that is inculpatory, and they have a TON of tools to... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: What authority do I have to petition for an arrest warrant for my Grandsons stepfather who is physically abusing him
Joshua Schiffer
Joshua Schiffer
answered on Oct 6, 2022

There are three relatively easy pathways

1. Call the local police and make a report. Officers are mandatory reporters with violence against children and will have to take notice

2. Call your local DFCS branch and do the same. They WILL take action

3. you can always apply...
Read more »

1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore...
Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: Hi so I’m a victim in a domestic violence case, the DA, victims advocate and investigator came to my house but I didnt

Speak to them. If I don’t speak to them and show facts will that affect the case and he also has a revocation hearing coming up, they want me to show up to tell what all happened. If I don’t show up will they dismiss the bond revoke case and let him free

Joshua Schiffer
Joshua Schiffer
answered on Aug 1, 2022

Unfortunately no, and the "Victim Witness" is one of the most difficult folks to interact with if you are involved with a DV case. They work for the State and against the defendants penal interests. Regardless of whether you work with them, they are working for the Prosecution and that... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: I pleaded guilty to domestic violence, in GA. on 06/27/2022. How much time I have to file motion to withdraw?

Location: Forsyth county, GA

Joshua Schiffer
Joshua Schiffer
answered on Jul 18, 2022

Generally within the term of court you’re fine. I’d have to check the dates for Forsyth. Do you want to talk with your lawyer at length before making that call valve because once you file there’s basically no shot at ever getting a plea that good again. So you really need to be sir. Judges... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a person with a TPO carry a firearm?

Can you also provide the OCGA code as well??

Joshua Schiffer
Joshua Schiffer
answered on Jul 15, 2022

The answer is almost always case specific with the default position being "no." Check the order that was actually issued and it should directly address firearms. Especially if the TPO is DV related, the courts are very wary of firearm possession when there are such emotional issues before it.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My boyfriend was arrested in March and charged with battery (FVA) and part of his bond conditions was no contact order

With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Jun 16, 2022

All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.

The best thing for y'all...
Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: How long can Gwinnette County Ga. hold my grandson after and Arraignment Hearing (Misdemeanor)

My grandson was transported from Dekalb County Jail on 3 June for a hearing on 7th june. The Arraignment Hearing was completed with a continuance.

Joshua Schiffer
Joshua Schiffer
answered on Jun 12, 2022

Thats a hard one as there are so many variables.

https://ody.dekalbcountyga.gov/portal/ is the online docket and you should be able to find his case info there, but without knowing more it is tough to predict how long until his next judicial event. It could be a couple, of weeks or a long...
Read more »

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Georgia on
Q: If your ci for a drug task force and dhs comes in and they don't know it and your being drug tested

If your a ci for drug task force and dhs doesn't know it and they want to drug test you but as known you can't blow your cover because then the whole world would know so you react like these individuals and you have to do like they do which is if they say hey hit this you have to so would... Read more »

Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

Get your handler to put instructions IN WRITING so IF there are negative consequences you have a built in defense. You may want to hire a private lawyer to assist you as the Cops will hang you out to dry more often than not.

1 Answer | Asked in Criminal Law for Georgia on
Q: My sons charged for charges under a name with different middle name than the name of the accused and different inmate id
Joshua Schiffer
Joshua Schiffer
answered on May 22, 2022

Scriveners issues and mistakes of this nature should not be ignored, as the State will just "create" an alias for him if this doesn't get corrected, and that will follow him for life.

Get your sons lawyer to fix the error, as it will not prevent the State from prosecuting...
Read more »

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