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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I obtain a firearms permit in Georgia with a criminal trespass charge?

It was labeled domestic violence just for trespassing back in 1998 or 1997

Joshua Schiffer
Joshua Schiffer answered on Jul 28, 2021

You need to address the underlying conviction and have it changed. The good thing is that this problem is common enough that it is often pretty easy, but it all depends on the facts and the position of the State since it is a consensual change in your record and it is easiest with the State's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My son is 30. He was accused by his girl friend of terroristic threats and he had a firearm when he was arrested.

He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.

Joshua Schiffer
Joshua Schiffer answered on Jul 27, 2021

Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.

My direct email is...
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3 Answers | Asked in Domestic Violence for Georgia on
Q: If an ex fling filed a TPO against me for stalking, should I take one out on her as well?

I had a 9 month relationship with a woman who is engaged to be married. Out of nowhere she broke it off, changed her number and blocked me. I sent a ridiculous amount of emails to try and get her to respond. Cusses her out, threatened to tell her boss she uses illicit drugs in which she does. In an... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 7, 2021

You don't appear to have a basis for filing one. She hasn't harassed you. If you want closure, just don't have any contact with her.

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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: Can I file suit or bring civil or criminal charges against someone for Parental alienation when my child is an adult?

My adult child is suffering from the parental alienation at the hands of he and Third party alienators. I am mother.

Michael D. Birchmore
Michael D. Birchmore answered on May 19, 2021

No. I am unaware of a cause of action that would allow you to sue for this.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If my dad put a emrgy TPO on me may 3 I went to court yesterday he filed a continuance I askd for a lawyer after he ask

After he asked judge for continuance he asked if the judge could order us to go to counseling? Why would he do all this if he wanted to go to counseling? I've been through and completed counseling/therapy several times and it is not just me that is the problem no matter how many times they... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 19, 2021

I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.

2 Answers | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If dad filed a Emrgcy TPO & 2day had 1st hearing he cont'd & I asked 4 a lawyer can he still motion 2 dismiss it?

He said he wanted to continue it and then asked the judge if he could order us all to go to counseling? I wouldn't have a problem with it at all but the TPO would still stay and I wouldn't get to go to work & coach my girls? I work 4 my dad for 31 yrs! I feel like this was done to get... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 18, 2021

You need to speak to an attorney to get specific advice about a case in progress. This forum is best for general questions.

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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 17, 2021

This has probably passed since it’s the date in question, but you could seek a continuance. Consult with an attorney who can help you with the case going forward.

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 14, 2021

I’m so sorry to hear about your situation. What county is your case in? You may have to ask for a continuance. I’m happy to discuss the situation with you and see if we can assist at the hearing on Monday.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: Is verbal abuse abuse recognized in GA for minor children

The abuse is gritt teeth and raises his hand hitting the door / wall, she is isolated from her bedroom to a closet with no door and camera, no phone and no laptop. She is told to be obedient and accused of being delinquent and spoiled brat.. when she breaks he rewards her. She came forward with... Read more »

Joshua Schiffer
Joshua Schiffer answered on Apr 19, 2021

A guardian Ad Litem and family lawyer will be able to assist you in presenting the truth to the court, and then the court can mandate better care and safety for you both. The behavior you describe is textbook abuse, and is indefensible. It is harmful to the child in the long run and you have... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: Can you please tell me if my 16 year old is eligible for family violence with the things that she is experiencing

She is in my full custody and visitation with her father. He is verbally abusive and he grits his teeth and hits the wall near her body.. he then isolates her from her phone, computer, and puts her in a closet with no Windows and a camera. She is threatened by false accusations of unruly juvenile... Read more »

Joshua Schiffer
Joshua Schiffer answered on Apr 19, 2021

I advise you to retain a family lawyer with criminal experience, as the behavior you describe is indefensible as well as harmful to the child. A Guardian Ad Litem will be able to establish the reality your child faces and will be an independent witness for the court.

3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?

He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... Read more »

V. Joy Edwards
V. Joy Edwards answered on Mar 15, 2021

Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... Read more »

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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Georgia on
Q: If it was discovered that a 17 year old had been living alone for the past 12 years what would normally happen?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 12, 2021

Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: My 15 yr old nieces reported verbal and mental abuse to DFAC against the parents. What are the child's rights?

DFAC stated they are spoiled and there isn't anything they could do they need to go home. These girls are freefall, stressed and emotionally damaged and the parents will not allow them to live with the grandparents who will make sure they focus on school and treated correctly.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 10, 2021

Considering DFAC is involved they should know the details of the case. If they felt there was no abuse going on then that is what is going to likely stand. At their age, they could go speak to their school counselor and see what suggestions he/she may have. Perhaps the family can get some... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: can a stepfather file domestic violence against my stepdaughter's boyfriend verbal assaults on her if she want.

this has been going on for years, he has been physical 2, the 2nd time she took the blaim an went to jail but she want file charges....

Joshua Schiffer
Joshua Schiffer answered on Mar 8, 2021

He can certainly report a crime to the police. Whether they act on it is up to the officers. Most jurisdictions take domestic violence seriously and chronic cases especially so.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Whats the worse they can give me for charges simp. batt. agg. 1st offense, simp. batt. f.d.v. & 3rd child endangerment
Joshua Schiffer
Joshua Schiffer answered on Mar 2, 2021

Its hard to sort out the exact charges because of the abbreviations however all misdemeanors are punishable by up to 12 months, each. And they can run consecutively

Battery, Simply Battery (both FV and not FV) are all misdemeanors, often pled in the alternative so if one sticks the...
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3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: My boyfriend has been charged with battery. He wants me to recant. Will I get in trouble? Dcf is involved too.

It’s a second domestic battery charge. He wants me to recant and or tell them I just made it up and it’s not true. DCF is involved. Which is a whole different monster. Can my kids be taken away if I we recant or tell them I lied? Or what consequences could I face? They have photos and statements.

Regina Irene Edwards
Regina Irene Edwards answered on Feb 17, 2021

If domestic violence occurred, recanting will not help. DFCS might see this as you unwilling to protect your children from an abusive household. It sounds like the abuse occurred and you ist don't want him to get into trouble for it. However, you need to worry about your safety and your... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: if your 17 and charged with family violence at your mothers house do they put up a protection order if you live there?

if the 17 year old is living with the parents and was arrested for family violence will there be a protection order put up when he goes to court

Onyema Anene Farrey
Onyema Anene Farrey answered on Feb 6, 2021

If charged with battery/family violence in Georgia, the offender will likely have bond conditions that will state that the offender shall have no contact with the victim.

If the victim wants a domestic violence protective order (called a TPO), the victim will have to file a separate case...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Statue of limitations on aggravated battery
Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

Depends on some factors, but either 4 or 7 years, or forever. Its gets kind of complicated. call a local lawyer and ask for a consultation. Talk with them about the issues you are concerned with and they can guide you. The State also has some solid ways to go around SOL issues at times.

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »

Jermario L Davis
Jermario L Davis answered on Dec 30, 2020

Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.

Officers...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What do I do if someone told another person they would kill me

My ex husband accused me of breaking his window. He called my brother in law and threatened to kill me cause his window was broken. My sister overheard as well. I'm not allowed on his property so I would not go over to his residence.

Joshua Schiffer
Joshua Schiffer answered on Dec 29, 2020

You need to contact the authorities if you are the victim of a crime, and that appears to be the case here. The threats are important to record in advance of any potential future legal issues between y'all, and it could be useful in presenting to a judge later on.

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