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Georgia Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Georgia on
Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally,... Read more »

Regina Irene Edwards
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Regina Irene Edwards
answered on Mar 8, 2023

You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.

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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How long does a person sit in the county jail without bond on a misdemeanor battery - family violence charge?
Joshua Schiffer
Joshua Schiffer
answered on Mar 2, 2023

In Georgia, you have a constitutional right to a bond on ALL misdemeanors. Full Stop.

No more than 72 hours should pass before a bond is set on ALL misdemeanors in GA, unless there is a hold for other reasons. This is a big deal. The bond can be HUGE, but the court MUST set one.

1 Answer | Asked in Domestic Violence for Georgia on
Q: I have a misdemeanor battery snd child endangerment. Do I not have rights in owning a gun?
Joshua Schiffer
Joshua Schiffer
answered on Feb 28, 2023

A misdemeanor conviction for Domestic Violence impacts your 2nd amendment rights and likely prohibits you from possessing any firearm.

You need to get a clear copy of your record and look into either changing the status of the charge retroactively or seek a pardon if there is a DV...
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0 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was emailed a subpoena to appear in court. I live in Georgia, do I need to up here? I thought you have to be served in

Person? This is a domestic violence case and I am the victim and I do not want to pursue any charges against my boyfriend. The state of Georgia has picked up the charges and this court date is for the DA to revoke bond. I don’t know if I should just go in person and explain how I feel and... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: My friend is not a family member, but was reported for family violence. How many years is the statute of limitations?

The friend was not even her husband, but she was reported for family violence, and she had never lived in the same house with her. Will I still be prosecuted? How many years is the statute of limitations?

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 8, 2023

The statute of limitations depends on which type of family violence charge you are facing. There are several criminal offenses that qualify as family violence cases. Some charges like simple battery and criminal trespass are misdemeanors while others, such as aggravated assault or criminal damage... Read more »

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2023

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution...
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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: BATTERY FAMILY VIOLENCE, LEGITIMITATION, GUARDIANSHIP

THANK YOU FOR YOUR TIME. I'M GOING THROUGH A CASE FOR BATTERY FAMILY VIOLENCE THAT MY KIDS MOTHER REPORT ON ME. WE HAVEN'T BEEN TOGETHER FOR 5 YEARS NOW BUT SHE STILL LIVES IN MY HOUSE SINCE I'VE BEEN TRYING TO KEEP MY KIDS CLOSE TO HER THE MORE THAT I CAN. THIS PERSON HAS MEDICAL... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Dec 31, 2022

My FIRM advice is to hire a local attorney who practices both basic criminal defense as well a Family law. The issues are combined and the right work on the Family Law case will profoundly benefit your criminal matter. It is also a great wedge against her to force her to be more responsible. You... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If somebody is out on bond with a curfew and an ankle monitor, how can you get the curfew extended for work?

It's my assistant manager and I'm trying to get him promoted, but he has to have open availability. The case hasn't even made it to superior court yet and may not. His lawyer is court appointed and ignoring him(not returning phone calls or messages). Thank you in advance.

Joshua Schiffer
Joshua Schiffer
answered on Dec 12, 2022

The above is correct and it stinks when the PD is ignoring the clients needs. Unfortunately often the PD's are dramatically overworked and cannot provide the services and attention that a private lawyer can, so it may be a good idea to call some LOCAL lawyers and inquire about hiring them.... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: If I’m the victim and I recant my story , can I go to jail ? I have no criminal history whatsoever.

I lied and said my baby father held me at gunpoint and shot at me , which wasn’t true . Now I’m ready to tell the judge the truth because he’s facing serious time because I was mad at him .

Joshua Schiffer
Joshua Schiffer
answered on Dec 1, 2022

Absolutely you can be prosecuted under a few different pathways and this is a very precarious position for you. The state is very familiar with putative victims trying to assist and support their loved ones when they may have said something that is inculpatory, and they have a TON of tools to... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: I’ve been a victim of domestic violence for 18 yrs, and my husband, has $ can the judge make me represent myself
Regina Irene Edwards
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Regina Irene Edwards
answered on Nov 10, 2022

The judge doesn't ever make anyone represent themselves. If you cannot afford an attorney, the court does not assign you an attorney in a family law case. You can contact legal aid to see if pro bono representation is available, or you can try to hire an attorney who will pursue... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: What do I do now? My husband has not lived with me except for one month before and after quadruple bypass surgery.

I do not have the $3000 to $10,000 for an attorney for a divorce. He has not contributed to the household since stopping his direct deposit the last week of November 2021. There’s physical abuse, adultery and even a USB PLUG he put in my house at some point with a hidden camera. What do I do? We... Read more »

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Nov 2, 2022

You have said that this is a complicated case, but cannot afford a retainer. Your options are to save up to hire an attorney, or you can file the case without an attorney. For the type of case that you have described, your litigation budget should be around $20,000. A $5000 retainer is not going... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: HI I HAVE A SCHEDULED MEDIATION WITH MY SONS FATHER AND HE HAS MENTALLY AND EMOTIONALLY ABUSED ME THRU TEXT MESSAGES

I DONT FEEL COMFORTABLE DOING THIS WITH HIM. Do I HAVE TO SHW UP

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 24, 2022

You probably do have to go. The mediator can keep you separate the whole time. They also should have sent you a domestic violence screening form ahead of time. You can also hire an attorney to help you at the mediation.

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: What authority do I have to petition for an arrest warrant for my Grandsons stepfather who is physically abusing him
Joshua Schiffer
Joshua Schiffer
answered on Oct 6, 2022

There are three relatively easy pathways

1. Call the local police and make a report. Officers are mandatory reporters with violence against children and will have to take notice

2. Call your local DFCS branch and do the same. They WILL take action

3. you can always apply...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 28, 2022

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... Read more »

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... Read more »

1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

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