Douglas, GA asked in Criminal Law and Divorce for Georgia

Q: What do I do if someone is accusing me of criminal trespass and property damage?

My ex husband is saying I broke his window, stole his money and I'm terrorizing his family. I havent done any of the things he is accusing me of. I keep my location on my phone and it shows I was on the other side of town when he says the broken window happened. He also told police I beat his car with a bat when I went to go get our kids. The officer told him his vehicle was fine. He has withheld my tax/stimulus money in an account that is not joint and wont give me my funds. He is also making direct and indirect death threats and I have proof as well as witnesses.

Related Topics:
2 Lawyer Answers
Tracy S. Reeves Jr.
Tracy S. Reeves Jr.
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You may want to explore seeking a Temporary Protective Order that would keep your husband from making any threats or harassing you. This can be done by going to the Superior Court in the county that your ex husband resides and requesting an Ex-Parte TPO. This means the judge will listen to your case and decide if a TPO is necessary. If so, he will be served and within 30 days you will be able to conduct a hearing on whether the Court should grant a 12 month TPO.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. You may have to address this legally in order for it to be handled properly, rather than just a he said, she said type of thing. Retain any evidence of where you were at the time in case you need that to show you were not in the area.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.