Get free answers to your Domestic Violence legal questions from lawyers in your area.
I discussed with him several times about moving and he was fine with it. But when he gets angry he then threatens with court. We previously had in NY an order of protection granted for my son (when he was 8) due to verbal abuse and making threats about me to him. To the point of my son having a... 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.
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.
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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.
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.
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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.
case # begins PRE- open(pending) Would it be listed as prefile?
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.
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
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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
Will a warrant also be issued for the victim for an aggravated stalking charge?
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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
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
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
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?
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... View More
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
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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
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.
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
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
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... View More
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.
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
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
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.
i came clean about self-harming and my reasoning but because it blamed them and their actions, they made me say i did it for attention or they were kicking me out
answered on Apr 16, 2024
A suit for damages is potentially possible, but there is a lot to consider before then. I advise you call some local family lawyers to talk about Emancipation, and then you can get some guidance as to your rights as well. You can be the victim of a tortious action by your parents and accrue a... View More
I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More
answered on Mar 26, 2024
Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More
answered on Feb 15, 2024
The Public Defender will get involved if there is a criminal issue, and if DFCS is involved you need representation ASAP.
There are several churches and charities that offer some financial assistance and referrals, especially if there has been abuse involved.
Do not wait to get... View More
I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.
His sentence for the FV Battery he was 120 days jail time.
As a repeat offender I expected some sort... View More
answered on Feb 7, 2024
Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.
Lots of reasons why the... View More
So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More
answered on Jan 29, 2024
I take it someone was arrested?
Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.
IF you or your BF were arrested, BE CAREFUL and get an... View More
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