My parents and sister and brother in law are trying to take custody away from me for my 12 year old daughter.
answered on Jun 15, 2023
Contact the Georgia Legal Services Program. It offer free legal assistance to low income people in 154 of 159 Georgia countries in a variety of areas of practice including family law.
It will prescreen you to determine your eligibility then put you in touch with a lawyer.
My attorney's office told me I don't have to attend my calendar call because my attorney filed a conflict letter to the court, and will not be able to attend.
answered on Jun 14, 2023
Generally speaking, defendants are required to attend calendar call. It is possible that your attorney obtained permission from the court to excuse you from appearing. An attorney conflict letter by itself does not excuse the defendant from appearing.
answered on May 21, 2023
Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.
He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby
answered on May 19, 2023
Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... View More
On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??
I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... View More
answered on May 15, 2023
A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... View More
Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.
answered on May 8, 2023
The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... View More
Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... View More
answered on May 5, 2023
This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.
ANYTHING you say to the State can get twisted and turned around, so be VERY... View More
At the TPO hearing the ex-parte protective order is supposed to have expired.
3 months later, the plaintiff decides they want to claim contempt for violating the ex-parte protective order, not the TPO. is this legal?
answered on May 5, 2023
I think the more appropriate question to ask is whether it is going to be effective. Additionally, the defendant (respondent) to the now TPO might want to contemplate whether the alleged conduct violates the TPO. It is possible under these facts that such a defendant may file a motion to dismiss... View More
Divorcing after 23 years due to repeated infidelity, domestic abuse. Spouse wants me to leave our rented home with an uncontested divorce. 3 grown kids, 2 still at home. Husband wants me to leave marriage with a few decorations, my cloths, and take on a car note in his name (car I have driven and... View More
answered on Apr 6, 2023
They are NOT off limits, and anytime you have a defined benefit issue during a divorce you need to be sure you are addressing it properly as once it becomes a mess, cleaning it up is an endless task.
Invest in a lawyer to walk you through this process, as the costs will escalate if you make... View More
I have took my 3 months old baby and seek shelter at my parents house due to high conflict divorce and my husband tend to throw things around the house. He has history of breaking my car and phone since he claimed that the car is also part of his name in it.
answered on Mar 26, 2023
It sounds like you may need to seek a Temporary Family Violence Restraining Order (TPO). This would allow you to obtain a restraining order from your husband, temporary custody of your child and be awarded temporary support, which would include child support. The other option would be to go ahead... View More
answered on Mar 22, 2023
BE VERY CAREFUL!!! Changing a statement and attempting to challenge or obstruct an investigation gets really challenging, and can expose you to consequences. You need to hire a LOCAL lawyer who knows the players, as your request is as much art as anything else.
The issue is that in many... View More
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,... View More
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.
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.
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... View More
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?
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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.... View More
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 .
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... View More
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