Get free answers to your Domestic Violence legal questions from lawyers in your area.
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 
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answered on Apr 5, 2025
Anyone convicted of a domestic violence charge is banned from owning or possessing a firearm as per the Federal statute 18 U.S.C. § 922(g) (aka"the Lautenberg Amendment.")
As long as you have that conviction, you're not going to be able to have one. There may be a long-shot... View More
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
I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More
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answered on Mar 30, 2025
An affidavit of election filed alone is meaningless. You have to file a modification case in order to change custody.
Three years ago, I was raped and beaten by my ex. At the time, I wasn't ready to file a police report, but I do have photos of the marks on my body as evidence. Now, I want to pursue legal action, yet I'm concerned about the likelihood of a successful conviction. I haven't spoken to... View More
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answered on Apr 1, 2025
You may still have viable legal options despite the three-year time lapse since the assault occurred. In California, the statute of limitations for sexual assault cases has been significantly extended; adult victims now have up to ten years to file civil claims under Assembly Bill 1619, while... View More
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
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... View More
I was molested at 16 by a 24-year-old, and we've been together since, during which time she's controlled me. Recently, I discovered she's been with another man for 21 weeks and is seeking a divorce. Can I file charges for the molestation that occurred in 1993 in this situation?
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answered on Mar 22, 2025
No. The age of consent in Georgia is 16.
I have been married for seven years and have a six-year-old child with my husband. We currently live in Columbus, GA due to my residency training, which will end in June. My husband wants us to move back to Atlanta, where we lived before. Due to a cycle of abuse primarily related to my desire to... View More
My son is in the process of divorcing his wife, and there is a no-contact order between them. The divorce was filed in July 2024. I am the intermediary for child pick-up and drop-off. My son has filed all required documents, including a financial affidavit, but his wife has not filed any paperwork... View More
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answered on Mar 13, 2025
No, you cannot submit a letter to the court. You son can address any concerns he has with his attorney.
I am 15 years old and was adopted in 2018 when I was a minor. My biological parents now have a stable home and family and want to regain custody of me. I have been in contact with my biological parents, but my adopted parents are very opposed to this and even filed a restraining order against them.... View More
I've given temporary custody of my children to a family member due to my arrest, through a court order and my voluntary agreement. However, now they refuse to allow me any contact with my children due to their own malicious intent. They have threatened me with a TPO, though a previous TPO was... View More
answered on Mar 3, 2025
If the person who has your children has temporary guardianship then you can file to terminate that guardianship. If they have custody you can file for a modification of custody. But you can always take that person back to court to get custody of your children back. Or if you just want visitation... View More
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
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... View More
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
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... View More
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
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... View More
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?
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... View More
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
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
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... View More
What should I do
answered on Jan 12, 2025
First stop is to talk with a qualified lawyer so you can explore your options as a putative victim who may have also acted in a criminally improper manner. A defense attorney must keep your conversation CONFIDENTIAL, and that is how you will be able to find the best pathway. I cant recommend... View More
I did deny her when she asked to come inside and speak with me. I told her that I was more than willing to cooperate but I just had gotten off and would like for her come back the next day when I got off at 5.
answered on Jan 12, 2025
You are absolutely within your rights to refuse entry, absent a court order, but you need to be prepared to mitigate their conclusions as well as facilitate an inspection.
I STRONGLY advise you to communicate with them through an attorney, or at a minimum with witnesses and video, and... View More
answered on Jan 12, 2025
If the defendant has a lawyer, try to facilitate with them as it sounds like a simple bond modification is what you need and they will be able to file for it.
If you want to go ahead by yourself, you can petition the court independent of the case for a bond modification, but that is very... View More
The defendant (who has control of assets) is being represented by a GA legislator who has delayed this action for 3.5 - 4 years using his inability to work on divorce action because of his legislative duties each year.
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answered on Nov 8, 2024
There is no such thing as a right to a speedy trial in a divorce case. You can just ask the court to set the case during a time the legislature is not in session.
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