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Georgia Domestic Violence Questions & Answers
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
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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
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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
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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
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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...
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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
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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...
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1 Answer | Asked in Immigration Law and Domestic Violence for Georgia on
Q: Can you sign a voluntary dismissal with having a valid passport but expired visa

If so how long will that take?

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2022

You can do whatever you want.

More information is needed if you are concerned with whether you will ever be approved for a visa in the future. Were/are you accused of a domestic violence? What are the facts? Did you go through any sort of court mandated classes? What is the maximum...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My wife took out a TPO against me and then contacted me by text..What can I do..??
Joshua Schiffer
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Joshua Schiffer
answered on Apr 19, 2022

Be careful, thats what you can do. Even when she solicits contact, ANY violation of the TPO can justify an arrest or violation. Thats one of the big issues with these orders. No matter her intention, the cops are going to do what the document tells them too.

You need to get a local...
Read more »

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1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for Georgia on
Q: I live in GA. My husband was previously arrested for domestic violence. If he brings his family to our home to visit..

They are from another country..they are abusive to me in front of my son and husband ..if I let my spouse know I am leaving with my son and take my son to my mothers home can I get a restraining order if he threatens me? What about a good behavior warrant in GA?

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 29, 2022

At this point, you both have equal custody of the child. He can also take the child. You may want to consult with an attorney who can review the facts of your case in detail and provide you with guidance.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How can a lawyer prove someone is not guilty of child cruelty ?
John Kim
John Kim
answered on Mar 19, 2022

This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Should I plea not guilty

So my granny was on the phone with my sister and I started to argue with my granny. My sister on the phone in anouther county hangs up and calls the police to our house. I get arrested for fva simple battery for taking the phone from granny and throwing it and criminal fva criminal trespassing for... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Mar 11, 2022

You stand a very high chance at a successful resolution as long as you handle the situation properly. As DV cases are treated aggressively by most jurisdictions, they dont get "dismissed" very often without some back and forth between you and the State. It may be very reasonable to try... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: Can domestic violence warrants be rescinded if the victim admits to a false report?

This case takes place in Georgia

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

While the officer requesting a warrant, can always withdraw a warrant application, if a warrant has already issued, there may be additional steps taken to get the warrant withdrawn. If the alleged victim does not want to prosecute, the DA/Solicitor can take that into consideration, but they have... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: What is the legal term used when a child tells a mother that "daddy wants to kill you"

I'm a mentor for a woman in Georgia and I live in New Jersey and this poor woman has been put through hell &her 4 children are in temp custody of their abusive twisted husband and one conversation she had with her 4yr old, said "daddy wants to kill you" Now I don't know how... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Jan 31, 2022

She needs a wholesale revisiting of her case by a Domestic Violence Social Worker who can coordinate appropriate legal assistance as this is a multifacted situation. The Child is in need of protection, and that should be coordinated likely with some state agencies due to her instability and lack... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Georgia on
Q: how much time does a person get for cruelty to children in the 1st degree and battery family violence 1st degree?
Joshua Schiffer
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Joshua Schiffer
answered on Jan 30, 2022

In Georgia Cruelty in the 1st is 5-20, and is very substantive charge. The Battery is likely a misdemeanor lessor included.

These cases are very factually dependent as there is almost always a lot of mitigation to be explored and the truth is NEVER reflected in the officers...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: If damages occurred by my attacker am I required to repair or pay for it
Joshua Schiffer
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Joshua Schiffer
answered on Jan 14, 2022

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will...
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2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
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Joshua Schiffer
answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Georgia on
Q: I was awarded emergency custody of my kids in 2018 after a mom abused my 7yr at the time we have 3 kids total

I went to superior court to file for divorce The judge sent us to juvenile courts where I was awarded custody of the kids the CPS & gal was involved

Mom had numerous other abuse incidents during the parenting time process but jurisdiction & who knows what prevented anything from... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jan 5, 2022

Trying to get to the heart of your inquiry, but it appears you have a messy custody/family/criminal set of intertwined issues. Unfortunately as you have discovered there are not a lot of great resources for folks in these situations outside the traditional legal system.

The headline is...
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2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
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Michael D. Birchmore
answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: For a domestic violence case, if my temporary no contact order period is over, can I meet my family without a hearing?

The court says my case is closed, but I still didn't meet my family.

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jan 3, 2022

It is certainly a good idea to check and have backup in these situations. First off, with all of this you need to ensure you have the documents handy, as you may need them if there are issues.

Orders and sentences expire according to their terms, and when they expire they become void...
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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Trying to save my marriage, wife put family violence and stalking restraining order. what to do?
Judith Delus Montgomery
Judith Delus Montgomery
answered on Dec 23, 2021

Please get an attorney as soon as possible. If your wife already petitioned the court for a restraining order then you need to still protect yourself even if you may want to save your marriage. You have a limited time to respond to her petition and even smaller amount of time to prepare for the... Read more »

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