Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
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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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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
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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
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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
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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
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