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Questions Answered by Joshua Schiffer
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
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
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
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
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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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
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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2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Georgia on
Q: Can simple battery stop you from owning gun. Not sure if simple battery and domestic battery is the same charge.

I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?

Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can you purchase a firearm with a domestic misdemeanor charge?
Joshua Schiffer
Joshua Schiffer answered on Dec 16, 2021

It is a violation of Federal Law to purchase or posses firearms if you have been convicted of a domestic violence crime. It is basically the only misdemeanor that affects a fundamental constitutional right like this. That is why it is EXTRA important you get the right lawyer for your charge.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can they press charges if they hit you first with a weapon

Me and my husband went to Mt sisters house. My husband and her boyfriend got into a verbal altercation. Her boyfriend then hit my husband with some weapon. My husband hit him back. I was keeping my sister back so she wouldn't get hit by them and she hit me. I popped her not hard and told her... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 7, 2021

Odds are if the cops are made aware, they are going to investigate and determine if they should arrest anyone. Getting a lawyer involved out front assists in getting your version of the events presented properly and with the most impact.

I advise if arrests appear imminent that you hire...
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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: My fiancé(20) has a controlling family. His father and sister beat him, so I (20) came to GA from TN to pick him up.

A few days later, we find out that there is a warrant for his arrest in GA that we believe his parents called and reported him for. But he did nothing wrong. Now his mother is harassing us and threatening us.

Joshua Schiffer
Joshua Schiffer answered on Oct 28, 2021

He needs to retain a lawyer to navigate the warrant process IF a warrant has actually been issued. Who told you there was a warrant?

A lawyer will be able to contact the authorities, verify the accuracy of the warrant status as well as ensure the process is handled expeditiously. There...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How far back do they search a criminal background in Georgia on a misdemeanor in another state?
Joshua Schiffer
Joshua Schiffer answered on Oct 27, 2021

All depends on who is doing the searching. There are a lot of different "background searches" available on the market, and they each have different parameters.

The better questions are what is the search for and what form of search is being conducted.

4 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: I was charged with the family violence act by the state. this is my first time in trouble. What happens now?

My spouse and I got into an altercation that we involved the cops to mediate but turned into me being arrested as the aggressor. I was bonded out and told to make no contact with the victim i.e. my spouse I was also told by a couple cops that I could have my spouse overturn the no contact order by... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 7, 2021

You need to be open and honest with your attorney, as the medication issue is HUGE when it comes to mitigation. Your Spouse can also use that information to press the State to treat you properly as much as she does not control whether the state presses charges or not. She may also be able to use... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: Somebody is texting me saying I've done something and they've talked to a detective... I think I need a lawyer
Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

Well... there are lots of scams as well. Local law enforcement can assist you in getting the bottom of if this is a scam or not. We see "fakers" try to manipulate people all the time by trying to scare them. Dont be a victim! Legit law enforcement generally has a dim view of folks... Read more »

2 Answers | Asked in Animal / Dog Law for Georgia on
Q: can't have a dog where i live. The dog has been at my cousin's house for the past 6 months. Can he legally give it away?

Can my cousin legally give my dog away. He pays for the food and has for the past 6 months and I rarely have a chance to visit my dog. He can't take care of it any more and I can't take it with me. I have no one else who will watch it. I don't want to lose my dog tho.

Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

Its really a question of "who owns the dog" and not "where is the dog allowed. You need to determine who is the actual owner and that owner gets to decide what happens with the animal. Animals are chattel/property in GA.

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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What is the defendants between TPO and a special bond conditions
Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

The special Conditions of Bond flow against an arrestee when a crime has allegedly been committed. They exist during the pre-disposition portion of the case and if they are violated there are special charges that can apply.

A TPO is when a petitioner has asked the court to provide a layer...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: What happens if a temporary restraining order is taken out, but not served on the defendant before the court date?
Joshua Schiffer
Joshua Schiffer answered on Sep 21, 2021

Generally the court will allow continued attempts at service until the ex parte expires. It may be a good idea to pay a skip tracer to serve the person if the sheriff is running into issues.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Would't this be a simple way of saying the child was stolen by father and he has paid some very powerful people?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

I am sorry, but it appears some of your question was cut off. Please resubmit.

2 Answers | Asked in Domestic Violence for Georgia on
Q: What happens if a defendant doesn't show up for a restraining order hearing?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

Almost always if the petitioner appears and a respondent who has been served does not, the court will issue an order in default granting the request.

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1 Answer | Asked in Criminal Law for Georgia on
Q: I got a 7 year old felony fleeing and eluding charge i got in Michigan im in Georgia and i want to own guns to hunt

And teach my kids how to protect them selfs i was 18 and just young and dumb

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Reach out to Matt Kilgo, he does a lot of that kind of work. Tell him I sent you please.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Georgia on
Q: Can I ask to see the evidence on my first court appearance?

The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything... Read more »

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