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Questions Answered by Priscilla T. Upshaw
1 Answer | Asked in Domestic Violence for Georgia on
Q: Can you be a primary aggressor and a victim in the same domestic violence case ?

I was under a tpo from a prior domestic violence with the same person . while at work the mother of my child came up to my job and left our infant daughter after making a scene . she leaves and eventually proceeds to come back acting even more irrational hitting me and stuff .. I get my child put... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 14, 2019

The answer to your question is yes. That being said, you need to contact an attorney as soon as possible who can assist you with the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Juvenile Law for Georgia on
Q: Can 2 juveniles one on probation and the other just released from rydc for robbery stay the night with each other
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 14, 2019

The answer is it depends. Check the conditions of his probation, and if you are still unclear, contact his probation officer for clarity.

Aside from what is permissible legally, it may be best to assess the circumstance personally. Is this in your son’s best interest at this moment? It...
Read more »

1 Answer | Asked in Juvenile Law for Georgia on
Q: My 14 year old son just got put on probation in Georgia and he has a juvenile friend that just was released from rydc

Robbery can they hang out and stay the night with each other

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 14, 2019

Normally the terms of your probation will dictate what is permitted . It may be best to consult his probation officer for clarity. And then there’s your discretion as a parent and what your son’s offense was. It may be best to have him avoid any appearance or opportunity for impropriety.... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Georgia on
Q: Can I file for divorce and child support myself in Georgia?

My husband and I got married over 4 yrs ago in Tennessee but my son and I reside in Georgia now. I'm on disability and I cant afford counsel but it's time to get on with our life. I also wondered if I could file for alimony by myself also. I haven't heard from my husband in over a year and my son... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

Yes, you can file for divorce without counsel. You may find it helpful to visit Atlanta Legal Aid’s website for assistance.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Criminal Law for Georgia on
Q: My spouse and I were charged with simple battery, however this was because the cop didn’t want to leave us arguing

With each other and we did not touch each other. Since we are married is there anything we can do to get the charges dropped. We were arguing over property. Side note neither of us have a record and both have good careers we don’t want to jeopardize.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

It is in your best interest to consult an attorney in your state who can assist you with the specifics of your case.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law for Georgia on
Q: My son purchased a former police car in which the sirens and white strobes are still installed is this illegal?

All other equipment has been removed. Local officers told me that he could be charged with impersonating an officer if he didn't completely remove even the inner console that encases the switches.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

That’s correct. He can be cited and or arrested. It is important to remove any and all markings or identifiers that are associated with police use.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law for Georgia on
Q: What rights are violated for an IEP student that is being harassed & bullied by an educational professional?

Driver grabbed & pulled from his seat (others too), & yells at my child, humiliated, embarrassed, shamed, has had excessive/extreme behavioral "interventions" that are used for kids that are a threat to himself/others, Retaliated after a complaint by confronting child, told his punishment was due... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

Your circumstances are unfortunate. It is best to contact an Education Law Attorney to discuss the specifics of your circumstances. We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Insurance Defense for Georgia on
Q: Hello, My brother is held at the Atlanta airport for offense ‘fugitive from justice’. How should I deal this issue?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 13, 2019

You should contact an attorney as soon as possible who can assist you with the specifics of your brother’s case. We are glad to assist you. Contact whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Can I qualify for help with reinstatement of my license due to poverty level
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

The answer to your question is yes under certain conditions. The DDS reduces reinstatement fees by 50% for drivers who certify their inability to pay the entire reinstatement fee based on answers from the Household Information section of the Pauper’s Affidavit. Please note, DDS does not offer the... Read more »

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Doing burnouts in school grounds, but it was on the weekend, could i be in trouble if they check my tags on the cameras
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

Yes, you could be. It may be best to consult any attorney if you are concerned.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Traffic Tickets for Georgia on
Q: Is there a requirement in Georgia for on-coming traffic to stop when meeting a funeral procession on highways?

As a driver in Georgia living near a national cemetery, I meet funeral processions more often than drivers in other locations. The "custom" here is for oncoming traffic to stop -- sometimes pulling over, but sometimes in the travel lane -- until the procession is past. I know this is done in a... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

Georgia law provides that funeral processions have the right of way at intersections, unless they are approached by an emergency vehicle or signaled by a law enforcement officer to let other vehicles pass. It is illegal to cut into a procession’s line of vehicles and to pass a procession on a... Read more »

1 Answer | Asked in Criminal Law and Libel & Slander for Georgia on
Q: Would it be illegal and if so what would the charges be to leave a insulting note inside of someone’s unlocked car

Car in parking lot unlocked, note left in car on a receipt, called ex gf demeaning female names like “whore” no threat made in note, note directed at car owner so no slander

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

The answer to your question is “it depends.” If you are concerned about any potential charges, it is best to consult an attorney who can assist you with the specifics of your case. We are glad to assist you.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Georgia on
Q: My bankrupt was dismissed I 1/13; however I have been awarded a settlement from a class action law suit. My file is now

My file is now in the office of the bankruptcy trustee... I don’t understand.. the two are not connected.. is there anything I can do? I’m on disability due to multiple medical challenges and would love to have a little bit of light in my life before ... well.. I go

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

It is best to contact a bankruptcy attorney for assistance.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Libel & Slander and Civil Litigation for Georgia on
Q: Can I get back my $30,084.20 in Social Security benefits that my former representative payee stole from me?

I had a former Social Security representative payee steal $30,084.20 from me, and the theft occurred from June 1, 2010-12/31/2011. I am also suing him for $25,000 in punitive damages for all the emotional distress and pain and suffering that he caused me as a result of his theft against me. I live... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

It is important to contact an attorney who can assist you with the specifics of your case. There are options available to you. We are glad to assist you.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: My HOA emailed out monthly financial that included a list of all delinquent homeowners. Is the HOA in violation?

Should the homeowners speak with attorney? This is violation of Georgia privacy act seeings as none of the homeowners gave consent to release personal account information, to include name and delinquent amounts. The next day HOA sent an email to apologize but the damage is done.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

Yes, it is best to consult an attorney to discuss the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation for Georgia on
Q: is a city responsable to maintain ditch on public street

keeping ditch clean of debree to prevent flooding

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

The short answer is yes, they are usually responsible. However, more information is needed to provide a definitive answer. It is best to contact your city to be certain.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law and Constitutional Law for Georgia on
Q: Is it illegal to take a photograph of someone doing something illegal?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 10, 2019

The short answer is no. However, more information is needed about your circumstances; it is best to consult an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm,...
Read more »

3 Answers | Asked in Child Custody, Child Support and Divorce for Georgia on
Q: If both parents are fine with joint legal and physical custody, will there still be a child support declaration?

We coparent just fine in my opinion and we spend the same amount of time and money with our children wether separate or together.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 10, 2019

Not necessarily. However, it is important to contact an attorney who can provide you with a tailored response, in light of your specific circumstances. I think it is great that you all have been able to come up with solutions that work for the whole family, without court intervention.... Read more »

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1 Answer | Asked in Domestic Violence, Education Law and Juvenile Law for Georgia on
Q: My son is getting bullied and harassed in school. I talked to the principle and it is still continuing. can i press char

There is a gang in the school were my son is getting bullied and harrassed. The leader of the gang keeps approaching him with treats of gang jumping him and fighting. The leader is 13 and the members are 12 or so. Can i press charges against him and the school since i have had a meeting with them... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. However, it is important that you contact an attorney as soon as possible to discuss the specifics of your case. We are more than glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Education Law and Traffic Tickets for Georgia on
Q: Can you get in trouble for a burnout (spinning tire) you did at a school on the weekend
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. It is best to consult an attorney who can assist you with the specifics of your case. We are glad to assist you. Contact us soon.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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