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... View More
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... View More
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... View More
I DONT FEEL COMFORTABLE DOING THIS WITH HIM. Do I HAVE TO SHW UP
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.
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... View More
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?
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.
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
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... View More
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... View More
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... View More
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?
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... View More
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... View More
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... View More
He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?
answered on Aug 22, 2022
You are facing a super hard issue and the world is not very understanding.
The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore... View More
Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... View More
answered on Aug 18, 2022
If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... View More
Speak to them. If I don’t speak to them and show facts will that affect the case and he also has a revocation hearing coming up, they want me to show up to tell what all happened. If I don’t show up will they dismiss the bond revoke case and let him free
answered on Aug 1, 2022
Unfortunately no, and the "Victim Witness" is one of the most difficult folks to interact with if you are involved with a DV case. They work for the State and against the defendants penal interests. Regardless of whether you work with them, they are working for the Prosecution and that... View More
Location: Forsyth county, GA
answered on Jul 18, 2022
Generally within the term of court you’re fine. I’d have to check the dates for Forsyth. Do you want to talk with your lawyer at length before making that call valve because once you file there’s basically no shot at ever getting a plea that good again. So you really need to be sir. Judges... View More
Can you also provide the OCGA code as well??
answered on Jul 15, 2022
The answer is almost always case specific with the default position being "no." Check the order that was actually issued and it should directly address firearms. Especially if the TPO is DV related, the courts are very wary of firearm possession when there are such emotional issues before it.
With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... View More
answered on Jun 16, 2022
All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.
The best thing for y'all... View More
My grandson was transported from Dekalb County Jail on 3 June for a hearing on 7th june. The Arraignment Hearing was completed with a continuance.
answered on Jun 12, 2022
Thats a hard one as there are so many variables.
https://ody.dekalbcountyga.gov/portal/ is the online docket and you should be able to find his case info there, but without knowing more it is tough to predict how long until his next judicial event. It could be a couple, of weeks or a long... View More
If so how long will that take?
answered on May 14, 2022
You can do whatever you want.
More information is needed if you are concerned with whether you will ever be approved for a visa in the future. Were/are you accused of a domestic violence? What are the facts? Did you go through any sort of court mandated classes? What is the maximum... View More
answered on Apr 19, 2022
Be careful, thats what you can do. Even when she solicits contact, ANY violation of the TPO can justify an arrest or violation. Thats one of the big issues with these orders. No matter her intention, the cops are going to do what the document tells them too.
You need to get a local... View More
answered on Mar 19, 2022
This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.