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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Domestic Violence for Georgia on
Q: Can the Department of Community Supervision be sued?

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

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My friends pending charges are for 2 counts of Agg StalkingFVA, misdm stlking fva, terroristic threats,& harassing call

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?

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: Is there anything I can do to help him ? Like write a letter or something to the judge

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

Joshua Schiffer
Joshua Schiffer
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

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I as the victim help get an aggravate assault charge dropped?
Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: If I get my baby daddy locked up for the 2nd time for domestic violence and I have a video of me beating on him and lied

What should I do

Joshua Schiffer
Joshua Schiffer
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

2 Answers | Asked in Cannabis & Marijuana Law, Civil Rights and Domestic Violence for Georgia on
Q: I have had a social worker show up at my house on allegations of domestic violence, dirty home, and drug use.

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.

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I as the victim modify the bond so my spouse can come home?
Joshua Schiffer
Joshua Schiffer
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...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Georgia on
Q: What rights does petitioner have to a speedy trial by jury in a divorce action involving domestic violence and children?

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.

Regina Irene Edwards
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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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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How likely is it that my partner will receive bond?

He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.

Glenn T. Stern
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answered on Nov 7, 2024

I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If someone hacks my phone and records me threatening to beat them up can they use that in court against me?

I've been cyber harassed fir for over a year now. They can forward my calls to them. Alter Google searches. Change feed on any website like Google discovery, youtube, music, etc. They listen thru phone and make fun of me.

Glenn T. Stern
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answered on Oct 29, 2024

In Georgia, you do not have any expectation of privacy from the person you are speaking to on a telephone. That means that if that person wanted to tell someone else what you said, or even record the call, it would be legal in this state and probably admissible in court.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How does a court case appear online if defendant has entered a pretrial diversion program?

case # begins PRE- open(pending) Would it be listed as prefile?

Joshua Schiffer
Joshua Schiffer
answered on Oct 13, 2024

All depends on the jurisdiction, as the registry entries are different from circuit to circuit, and even sometimes clerk to clerk.

The best way is to verify specifically with the clerk in writing. EVERYTHING needs to be in writing if at all possible.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?

My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More

Glenn T. Stern
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answered on Sep 26, 2024

Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: If a defend is on a no contact order and breaks that no contact order will the vic also be charged w/stalking?

Will a warrant also be issued for the victim for an aggravated stalking charge?

Glenn T. Stern
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answered on Sep 26, 2024

No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: With an active protective order and with legitimation what is to be expected ?? Do I have to prove myself a whole lot ?

I filed for a protection order that is in place. Since then I have not felt safe with my surroundings. I have been messaged to have tabs kept on me. I see online defamation of my name and I am being called many things untrue. I only have ever created and provided safe space for myself and kids. My... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

You will have to gather the funds to hire an attorney, if you cannot obtain legal aide. As for the legitimation action, the court will decide what, if anything to award the father in that case, and you will have the opportunity to provide evidence and testimony to the court regarding what you... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: If a person who contacts the person who they got a restraining order from in Florida what could happen?

Also, if they start hanging out together again what could happen? Could both be in trouble or just the one with the RO? Can they go together to get the RO removed?

Joshua Schiffer
Joshua Schiffer
answered on Sep 10, 2024

In all states, the person who the order subjects to restrictions must abide by the order until the order is changed or dismissed by a Court. The petitioner has NO RIGHT or ability to amend, suspend, cancel or dismiss a Court Order, only Courts can do that.

The change in circumstance is...
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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: felony probation and arrested for family violence simple battery bond out and then go to jail for vop. PO took 60 days

Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

Glenn T. Stern
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answered on Aug 29, 2024

There is no statewide or statutory role that people get two for one credit at a local jail. What does that happens is entirely up to the sheriff's department. You can always call the jail and ask them what their policy is, but it is unlikely that they will commit themselves by telling you... View More

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: What can someone do if they find out they could have pled nolo instead of guilty in an aggravated stalking case a year

This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a lawyer get a case thrown out if the details of the case are incorrect at first appearence?

Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

Act fast and try to nip this one in the bud!

Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: I'm a guy. I called on my wife a couple of times. How do I get a copy of the report.

We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Is it legal for a judge to require the defendant/respondent to appear for a full tpo hearing past the 30 days

My husband's ex wife filed a stalking complaint against me. She was granted a tpo.

This was filed on 5/14/2024. My hearing isn't until 6/20/2024. I have filed a motion to dismiss on the grounds that I am not receiving a full hearing within 30 days. The judge's assistant... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jun 14, 2024

If a judge says you have to appear then you have to appear. And I believe your motion to dismiss is going to be denied as well.

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