Buford, GA asked in Criminal Law for Georgia

Q: Can criminal cases be dismissed?

It's a simple battery case. They are accused of family violence and misdemeanor, but they are not a couple and they are not a family. Can it be dismissed in this case?

Related Topics:
1 Lawyer Answer
Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
Answered
  • Criminal Law Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Family violence does not always mean parties who are a couple or considered family by blood or marriage, although that can be the case. If the person lives with or has lived with the other person, or if the person shares children with the person, this is considered family per the laws of Georgia. Now, even if the person does not qualify as family, even if the family violence portion of the case is dismissed, the State can still move forward on the simple battery case. It is important to consider speaking with an attorney who is up to date on family violence in Georgia.

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.