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Questions Answered by Joshua Schiffer
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 »

Joshua Schiffer
Joshua Schiffer answered on Mar 15, 2021

The short answer is "its easy" and "yes." Any victim of domestic violence qualifies for a protective order upon a basic showing to a judge, and they are offered in many communities 24/7. Larger counties have a One-Stop-Shop to assist.

I recommend you speak with a...
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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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1 Answer | Asked in Criminal Law for Georgia on
Q: if i was aressed for a dui and during the traffic stop the officer finds drugs on me , but all the charges are being

dropped for statue of limitations. is it llegale for prosssicution able to still charge me with the drugs? being his dui and others charges were thrown out

Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

Likely yes if they are felony drugs as the SOL is 4 years while the DUI is 2. We need to do a basic analysis before that can be confirmed, however. Please email me at josh@csfirm.com and we can connect.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Georgia on
Q: I been convicted of murder with no evidence no body,DNA,or blood I didn't do this crime can anyone help

I had a codefendant that was sent home on probation he was the only witness he was sent home via plea by a different judge due to the fact he worked for my trial judge I asked my judge to recuse due to this fact she stated that it was true he did work for her but refused to recuse herself from the... Read more »

Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

You need to ask your trial lawyer for guidance on the appeal, as you are entitled to at least one level of appeal. http://www.gapubdef.org/ can assist you if the trial attorney is incommunicado.

For private assistance I recommend folks use Adam Hames, Ms. Leighann Webster or Scott Key.

1 Answer | Asked in Criminal Law for Georgia on
Q: Long story short how can I withdraw my statement I wrote on my boyfriend that got him put in jail?

Hello my boyfriend Joshua has been In jail since summer of 2019 due to a witnessed statement that was wrote on him about his armed robbery charge although that is the only Evidence that the courts have and I no longer wish to support the prosecution . What all can I do ?

Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

You MUST hire a lawyer to assist and guide you, as if you handle this wrong you and he are BOTH going to end up in jail. Battered Spouse Syndrome accounts for changes such as what you are talking about and the best intentions will actually harm your BF. DO NOT try to DIY this, or you are... Read more »

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.

2 Answers | Asked in Criminal Law for Georgia on
Q: I have three misdemeanor shoplifting charges and I got my fourth charge. What is my punishment

Will they make this a felony? Will I go to prison? Can I qualify for pretrial diversion? I already have an attorney. The total value was 28 dollars. I just need advice

Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

Well, this is where mandatory minimums and cumulative stacking comes in. The 4th is a felony punishable by 1-10 with the first year being a hard serve. https://law.justia.com/codes/georgia/2010/title-16/chapter-8/article-1/16-8-14

If you dont have a lawyer, you better get one. My old...
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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.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Is it best to have a lawyer with you when you have a pre warrant hearing against the one hwho attacked you.

Have a court date already. Have evidence and a witness.

Joshua Schiffer
Joshua Schiffer answered on Dec 9, 2020

The State acts on behalf of the victim in post of these cases, but it depends on the way your county does things. If it is a private warrant application then bringing your own lawyer is an excellent idea so your position as petitioner or victim is clearly presented to the Judge. If it is a... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: What lawyer needed for me the victim against attacker and police department

Representation in pre warrant court to get correct warrant and also later against attacker whom is the son in law for lost wages etc. And again against police department for mishandling and denial of my right to have had my attacker arrested in a timely fashion when asked 3 times already.

Joshua Schiffer
Joshua Schiffer answered on Dec 7, 2020

You can always file civil suits for assault or other intentional torts agains the person that harmed you, witn the big limit being if they have assets or insurance policies that you (and the lawyer) can collect against. Otherwise you are just going to get a paper judgement that is worthless and no... Read more »

1 Answer | Asked in Criminal Law for Georgia on
Q: I suspect sexual abuse against a child. How can I build a criminal case?

The child has speech and communication disorders so a disclosure is difficult to obtain.

Joshua Schiffer
Joshua Schiffer answered on Dec 3, 2020

Go to the authorities as that is their job. Unfortunately when private citizens get involved it makes the eventual case weaker.

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Family Violence hearing. What about our daughter?

I have a family violence hearing next week to extend a protective order against my daughters father. Is there any sort of arrangements that can come from this that would restrict our contact but allow him and our daughter to see one another. I hate to take her away from him, she adores him and he... Read more »

Joshua Schiffer
Joshua Schiffer answered on Dec 3, 2020

The good news is that many,many protective orders are negotiated out of court and an agreement is made that will satisfy your concerns. If the parties cannot come to an agreement, then the court will rule but the court would much rather have the parties solve their problems privately.

I...
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1 Answer | Asked in Criminal Law for Georgia on
Q: In Georgia, How long does the prosecutor have to finish the case after you're indictment

5 years ago he took a plea deal for fleeing and eluding in Ga. In may of this year he was arrested for a different charge but was still on probation for the previous offense. While in custody the prosecution said the first sentence was illegal and withdrew the original plea. Is there a statue of... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

Thats going to require a detailed analysis with an experienced Post Conviction or appeals lawyer. It sounds worth investing that money, as there may be some benefit to his overall defenses. His current lawyer may also be a good source for information, as he should have a PD for the new charge.

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia on
Q: Can you get arrested for impede traffic for being parked @ someone you know house
Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

The answer to the "can they" question is almost always "yes." Wrongful and rightful arrests happen every day.

Whether the officer's actions are legal when they are reviewed is a totally different issue. Officers violate their duties and the law regularly, and it...
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3 Answers | Asked in Domestic Violence for Georgia on
Q: Resident of Walton county, GA. Can I get a protective order against my boyfriend who lives in my house with our daughter

He is verbally abusive, mentally abusive, but has only pushed me once. He has been putting holes in walls and doors for years. Last night he slammed our Christmas tree on the ground in front of our 4 year old... is this an option so that he has to leave my house? He is escalating and my daughter is... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

A family lawyer is something you and your 4yo deserve ASAP. As my colleague below sets out, there are tools that you can use to secure your housing and support while you go through the challenging process of making the right decisions how to move forward. I also encourage you and your boyfriend... Read more »

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2 Answers | Asked in Divorce and Domestic Violence for Georgia on
Q: Is telling a spouse to kill themselves family violence

My wife and I have had a very hard year her being physically abusive and emotionally so and I’ve been recorded telling her to kill herself. Just wondering if I should worry

Joshua Schiffer
Joshua Schiffer answered on Nov 24, 2020

It would be difficult to convict you of a "crime" per se, but it is still bad evidence if something goes awry. The better option is to either work on the relationship with therapy and efforts or consult with a family lawyer to plan a divorce/separation. DO NOT get trapped by getting... Read more »

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1 Answer | Asked in Consumer Law for Georgia on
Q: Do I have a case against an auto dealership that repossessed my auto due to a mistake on their part.

They come picked up my auto without written notification. The payments were current, but they lost the payment. I have proof of payment

Joshua Schiffer
Joshua Schiffer answered on Nov 11, 2020

Yes you do and it may be good. It all depends on the circumstances. Please feel free to email me at Josh@csfirm.com with the details and I can point you in the right direction.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My husband was falsely accused of aggregated assult towards me. I was under the influence and suicidal and they accused

Him of choking me witb a cord when i was the one who trird to. Choke myself. I was so out of it when the police where questioning me i dont have almost any recollection i dont even remember going to the hospital

Joshua Schiffer
Joshua Schiffer answered on Nov 11, 2020

The best pathway is for your husband to retain a lawyer, then that lawyer can explore the defenses which include how to handle putative victims that made an outcry while under the influence. I will warn you in advance that the State likes to get very aggressive when it comes to leaning on victims... Read more »

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2 Answers | Asked in Criminal Law for Georgia on
Q: If I am on probation before a prior, separate charge has went to court. Will that violate that probation?

I was charged with violating family violence order an have yet to go to court for stalking charges. I got a dui 2 weeks later. I am just wondering about how the probation an the sentencing dynamic will play out after the dui sentencing. As well as any advice on "stalking by communication"... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 9, 2020

The hard and fast rules really do not apply here, as there is so much discretion while the facts are up in the air. The bar to "violate" probation is GA is extraordinarily low and your question leaves what your sentence is, currently, up in the air a bit. You need to meet with a lawyer... Read more »

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