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Questions Answered by Joshua Schiffer
3 Answers | Asked in Adoption, Domestic Violence and Family Law for Georgia on
Q: How to file for uncontested adoption in Georgia without formal paperwork?

My husband would like to adopt my son, as he has been in my son's life since he was 8 months old and he is now 6 years old. We are seeking an uncontested adoption, and due to financial constraints, we want to file the paperwork ourselves. However, our county in Savannah, GA, does not have... View More

Joshua Schiffer
Joshua Schiffer
answered on Jun 10, 2025

With those facts I downright beg you to get a lawyer involved, have you tried your church or some social groups for support?

DFCS may also have some guidance and may even have forms or a lawyer who can assist, its just that they are overworked and under-supported by the Gov so they are...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How can I help move my wife's ongoing Georgia case with declined diversion?

My wife and I were involved in an altercation that led to both of us being jailed. My case was dismissed, but my wife's case is ongoing, and she's facing charges of family violence and terroristic threat. She has legal representation, but I'm worried because a request for diversion... View More

Joshua Schiffer
Joshua Schiffer
answered on May 30, 2025

Super tough answer, as each court has very different processes, and some of those processes are under a constant state of redesign. I have cases in Cobb, Fulton and Gwinnett where the "diversion" process moves on and off the table multiple times during the evolution of the case, and just... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How to secure an Order of Protection for my child against abuse and neglect?

I have 50/50 joint custody of my daughter, and her mother has violated every aspect of the court order. I have repeatedly reported to CPS that my daughter is being abused by her mother's boyfriend and cousins, with evidence including photos and reports, but CPS has closed each case after... View More

Joshua Schiffer
Joshua Schiffer
answered on May 4, 2025

There are no reasons a child should be physically abused and if DFCS is failing (typical) then your next stop is Law Enforcement. You will also benefit from a lawyer to ensure your child's complaints are being heard. Even if that means asking a judge to assign a Guardian Ad Litem for her.... View More

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How could domestic violence history impact joint custody decisions in Georgia?

I live with both parents, but one parent may be considered unfit due to a history of domestic violence. They were recently arrested for simple assault, and a court case is pending. Despite this, we are planning to file for joint custody. How might the recent arrest and history of violence influence... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 21, 2025

It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More

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2 Answers | Asked in Domestic Violence and Civil Rights for Georgia on
Q: How can I stop my ex's harassment in Georgia?

I have been experiencing ongoing harassment from my ex-partner for about a year, and it has intensified again over the past five days. Despite repeatedly asking him to leave me alone and blocking his numbers, he continues to contact me using different phone numbers. I have documented the texts and... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 8, 2025

A protective order is the correct first step, and I advise you also consider involving your local law enforcement agency, if only to make them aware, as that behavior is concerning.

A detective should provide available resources as well as guidance when it comes to best practices in...
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2 Answers | Asked in Adoption, Domestic Violence, Civil Rights and Family Law for Georgia on
Q: As a 15-year-old, can I leave my house to contact the police?

I am a 15-year-old who was adopted by my uncle and aunt. Due to a violent incident where my uncle threw me around, I had to call the police. They relocated me to my grandma's house. My uncle and aunt took my phone, and my grandma won't let me talk to the police or ask questions about my... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 7, 2025

You can ALWAYS call the police. ALWAYS.

If you are in danger you can ALWAYS reach out to Police, Fire and other State Agents as there are protections for you due to your age.

A teacher is another safe pathway, as they are trained how to deal with these issue and get the right...
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2 Answers | Asked in Civil Rights, Domestic Violence and Civil Litigation for Georgia on
Q: Being stalked and harassed by neighbors and falsely accused of a crime. How to ensure safety?

I've been stalked and harassed by my neighbors for months, and it's intensified this month. They've accused me of a crime I didn't commit, causing severe emotional distress. I've documented instances with the police and have a witness, my mom. We obtained a temporary... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 7, 2025

If the DIY remedies are not working, you need to consult with a LOCAL lawyer one who knows the lay of the land and the important people involved) regarding potential additional civil and criminal actions.

Facilitating with local law enforcement can be very effective, and in lieu of that...
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2 Answers | Asked in White Collar Crime, Civil Litigation, Employment Law and Criminal Law for Georgia on
Q: Can church report secretary for theft after repayment offer in Georgia?

I am part of a church where the secretary has been caught stealing over $15,000, according to the church ledger and bank statements. The theft has been ongoing for over 2 years. Although no formal agreement has been made, she has offered to repay part of the money, expecting that we would drop the... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2025

Whatever has happened just becomes part of the case the State will choose either to bring or not bring.

The Police will definitely take a report, and take that report seriously. These are VERY common issues at churches, schools, Greek life, scouts, etc.

The Police just arrest...
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3 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How to obtain a firearm permit in GA with past misdemeanor?

I am a resident of Georgia and was convicted of misdemeanor criminal trespass with a domestic violence charge over 10 years ago in Chatham County. I am now living in Cobb County. There have been no changes to my conviction status, and I am not facing any other legal issues. I am looking to obtain a... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2025

Glenn is correct and there are limited pathways to re-obtaining your 2nd amendment rights after a DV conviction.

But its a moving target, for sure.

BEST option is to retain a local Cobb person (like me of many others) to try and amend/change/vacate/void the old conviction....
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3 Answers | Asked in Criminal Law, Public Benefits and Employment Law for Georgia on
Q: Facing 9 counts of theft by taking in GA, denied indigent defense due to income despite layoff, need advice.

I have a jury trial scheduled for April 7th in Forsyth County, Georgia, regarding 9 counts of theft by taking related to stealing lottery tickets due to my severe gambling addiction. I feel remorseful and want to apologize to my employer. I've applied for indigent defense but was denied due to... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2025

Forsyth is rather strict with some of their interpretations and do not pull punches with prosecutions.

You need to re-apply for indigent defense and document the process thoroughly

There are also a variety of legal service providers for different income levels, and you would be...
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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Am I considered common law married after living together since 1996 in Georgia? He filed taxes with me and is abusive.

I need to find out if I am considered common law married. We have lived together since 1996, starting when I was 18, and I am now 48. We have a 20-year-old daughter. We've referred to each other as husband and wife and he has filed taxes including me. He is abusive, which complicates my... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 23, 2025

Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.

This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major...
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1 Answer | Asked in Juvenile Law, Domestic Violence and Family Law for Georgia on
Q: Can I get emancipated at 15 due to abuse and support from my baby's grandma?

I had a baby at 15 and experienced extreme verbal abuse from my parents during the pregnancy, which led to severe depression. There was also one instance where the abuse became physical. I am considering emancipation and currently have support from my baby's father's mom. I'm seeking... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 21, 2025

The best thing to do is have a few consults with some family lawyers to learn about the emancipation process in detail. It would appear you have the basic facts/justification, now it is about presenting that to the correct forum.

You may even find a charitable group to assist you, as many...
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2 Answers | Asked in Child Custody, Domestic Violence and DUI / DWI for Georgia on
Q: Legal rights to protect child after DUI by custodial parent's partner?

I have joint custody with my daughter's father in Georgia, but I am the custodial parent. My daughter was not in the car when his girlfriend, who drove his police car while intoxicated, was arrested for DUI and open container violation with her daughter in the car. My daughter has told me that... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 19, 2025

You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.

It is routine...
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1 Answer | Asked in Criminal Law for Georgia on
Q: If I have on my record that never happened especially a felony drug charge what can I do?
Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2025

You need to reach out to the GCIC department over at the GBI and get them to correct the inaccuracies. https://gbi.georgia.gov/georgia-crime-information-center

Erroneous information will cause major headaches for the rest of your life as Authorities basically "trust" the GCIC...
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1 Answer | Asked in Criminal Law and Medical Malpractice for Georgia on
Q: What can be done to get the proper medical care for a family member who is sick and incarcerated needing medical attent?

Family member is having severe pains, unable to use the bathroom properly and he has reached out for help but no help.

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2025

The BEST thing you can do is advocate with the prison as well as the GA DOC and your local elected representatives until you get a response. BE SURE to record as much as possible and communicate in WRITING. The Prison has duties and they sadly only fulfull them when there is a record showing how... View More

1 Answer | Asked in Criminal Law for Georgia on
Q: If the bail is initially denied, but there is no court date, what recourse does the arrested have? Can he file a motion

The accused has been charged since the initial bail hearing but does not have a court date. Can his lawyer file a motion for a second hearing?

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2025

Depending on the charge, the First Appearance Judge may not have had the ability to grant a bond, or they could have just declined.

Regardless, the lawyer should be able to file for the proper hearing in front of then proper judge immediately, and then it is all about getting the person on...
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1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Domestic Violence for Georgia on
Q: Can the Department of Community Supervision be sued?

My husband who is on adult felony probation attacked me for the first time ever in March 2022. He nearly beat me to death. He was on probation then and was arrested with new charges of Aggravated Assault and False Imprisonment. Because I truly thought that he had a mental health break which led to... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2025

It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.

State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I as the victim help get an aggravate assault charge dropped?
Joshua Schiffer
Joshua Schiffer
answered on Jan 22, 2025

You have LOADS of impact on the case, although the final call to prosecute or not is solely the State's.

At the same time, your participation (if you are central to the case) may be necessary for the State to move forward and you have the freedom to cooperate or not. If you refuse to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My friends pending charges are for 2 counts of Agg StalkingFVA, misdm stlking fva, terroristic threats,& harassing call

He has a very small minor criminal background. No felonies. Do you think he could get an offer of probation for all his pending charges? Also he's been in jail for 90 days with no bond. When will he get a bond?

Joshua Schiffer
Joshua Schiffer
answered on Jan 22, 2025

Well, there are a few things to unpack there.

Procedurally after 90 days of pretrial incarceration he should be indicted or bond needs to be set, as much as the courts ignore the law regularly. His lawyer should be pitching a fit.

THAT BEING SAID, these kinds of DV charges are...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: Is there anything I can do to help him ? Like write a letter or something to the judge

My bf was arrested after cops told us "eight people seen him pull my hair and was willing to write statements" however is was pitch Black and honestly did not pull my hair or touch me in any way he is charged with simple battery at the moment but does say charges pending and they said... View More

Joshua Schiffer
Joshua Schiffer
answered on Jan 19, 2025

Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More

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