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Georgia Domestic Violence Questions & Answers
2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 15, 2023

A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... View More

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2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... View More

Tessie D. Edwards
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answered on May 15, 2023

Unfortunately, you will not be able to get the petition dismissed based solely on the protective order being in place. The father has the right to legitimate the children and obtain legal rights and visitation (after the protective order expires) with the children unless you can show the court it... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on
Q: When protective order is over can I contact n see kids automatically or what

Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.

Regina Irene Edwards
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answered on May 8, 2023

The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... View More

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for Georgia on
Q: Can you be charged with contempt for violating an ex-parte protective order that has been replaced with a TPO?

At the TPO hearing the ex-parte protective order is supposed to have expired.

3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

I think the more appropriate question to ask is whether it is going to be effective. Additionally, the defendant (respondent) to the now TPO might want to contemplate whether the alleged conduct violates the TPO. It is possible under these facts that such a defendant may file a motion to dismiss... View More

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2 Answers | Asked in Civil Litigation, Civil Rights and Domestic Violence for Georgia on
Q: Can you be charged with contempt for violating an ex-parte protective order that has been replaced with a TPO?

At the TPO hearing the ex-parte protective order is supposed to have expired.

3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

Procedurally that is not going to get very far. Any contempt issue should have been raised in the TPO hearing where the Ex Parte expired, and it would appear the TPO was not granted. So there is a mootness issue on top of everything else.

It would be a bit of a mess, and if the Court...
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2 Answers | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Is a spouses VA benefits off limits during a divorce?

Divorcing after 23 years due to repeated infidelity, domestic abuse. Spouse wants me to leave our rented home with an uncontested divorce. 3 grown kids, 2 still at home. Husband wants me to leave marriage with a few decorations, my cloths, and take on a car note in his name (car I have driven and... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2023

They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.

Invest in a lawyer to walk you through this process, as the costs will escalate if you make...
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1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Georgia on
Q: Should i get the Temporary custody order before my spouse did? Is child support needed during this time to gain more adv

I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.

Alex M. Brown
Alex M. Brown
answered on Mar 26, 2023

It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: I called the police about a domestic violence case and they issued a warrant for the spouses arrest but I no longer want
Joshua Schiffer
Joshua Schiffer
answered on Mar 22, 2023

BE VERY CAREFUL!!! Changing a statement and attempting to challenge or obstruct an investigation gets really challenging, and can expose you to consequences. You need to hire a LOCAL lawyer who knows the players, as your request is as much art as anything else.

The issue is that in many...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How long does a person sit in the county jail without bond on a misdemeanor battery - family violence charge?
Joshua Schiffer
Joshua Schiffer
answered on Mar 2, 2023

In Georgia, you have a constitutional right to a bond on ALL misdemeanors. Full Stop.

No more than 72 hours should pass before a bond is set on ALL misdemeanors in GA, unless there is a hold for other reasons. This is a big deal. The bond can be HUGE, but the court MUST set one.

1 Answer | Asked in Domestic Violence for Georgia on
Q: I have a misdemeanor battery snd child endangerment. Do I not have rights in owning a gun?
Joshua Schiffer
Joshua Schiffer
answered on Feb 28, 2023

A misdemeanor conviction for Domestic Violence impacts your 2nd amendment rights and likely prohibits you from possessing any firearm.

You need to get a clear copy of your record and look into either changing the status of the charge retroactively or seek a pardon if there is a DV...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: My friend is not a family member, but was reported for family violence. How many years is the statute of limitations?

The friend was not even her husband, but she was reported for family violence, and she had never lived in the same house with her. Will I still be prosecuted? How many years is the statute of limitations?

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

The statute of limitations depends on which type of family violence charge you are facing. There are several criminal offenses that qualify as family violence cases. Some charges like simple battery and criminal trespass are misdemeanors while others, such as aggravated assault or criminal damage... View More

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... View 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...
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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...
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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.... View 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... View More

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: I’ve been a victim of domestic violence for 18 yrs, and my husband, has $ can the judge make me represent myself
Regina Irene Edwards
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answered on Nov 10, 2022

The judge doesn't ever make anyone represent themselves. If you cannot afford an attorney, the court does not assign you an attorney in a family law case. You can contact legal aid to see if pro bono representation is available, or you can try to hire an attorney who will pursue... View More

1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: What do I do now? My husband has not lived with me except for one month before and after quadruple bypass surgery.

I do not have the $3000 to $10,000 for an attorney for a divorce. He has not contributed to the household since stopping his direct deposit the last week of November 2021. There’s physical abuse, adultery and even a USB PLUG he put in my house at some point with a hidden camera. What do I do? We... View More

Regina Irene Edwards
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answered on Nov 2, 2022

You have said that this is a complicated case, but cannot afford a retainer. Your options are to save up to hire an attorney, or you can file the case without an attorney. For the type of case that you have described, your litigation budget should be around $20,000. A $5000 retainer is not going... View More

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: HI I HAVE A SCHEDULED MEDIATION WITH MY SONS FATHER AND HE HAS MENTALLY AND EMOTIONALLY ABUSED ME THRU TEXT MESSAGES

I DONT FEEL COMFORTABLE DOING THIS WITH HIM. Do I HAVE TO SHW UP

Regina Irene Edwards
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answered on Oct 24, 2022

You probably do have to go. The mediator can keep you separate the whole time. They also should have sent you a domestic violence screening form ahead of time. You can also hire an attorney to help you at the mediation.

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

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

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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