You stand a very high chance at a successful resolution as long as you handle the situation properly. As DV cases are treated aggressively by most jurisdictions, they dont get "dismissed" very often without some back and forth between you and the State. It may be very reasonable to try... View More

While the officer requesting a warrant, can always withdraw a warrant application, if a warrant has already issued, there may be additional steps taken to get the warrant withdrawn. If the alleged victim does not want to prosecute, the DA/Solicitor can take that into consideration, but they have... View More

She needs a wholesale revisiting of her case by a Domestic Violence Social Worker who can coordinate appropriate legal assistance as this is a multifacted situation. The Child is in need of protection, and that should be coordinated likely with some state agencies due to her instability and lack... View More

In Georgia Cruelty in the 1st is 5-20, and is very substantive charge. The Battery is likely a misdemeanor lessor included.

These cases are very factually dependent as there is almost always a lot of mitigation to be explored and the truth is NEVER reflected in the officers... View More

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will... View More

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal... View More

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have... View More

Trying to get to the heart of your inquiry, but it appears you have a messy custody/family/criminal set of intertwined issues. Unfortunately as you have discovered there are not a lot of great resources for folks in these situations outside the traditional legal system.

The headline is... View More

It is certainly a good idea to check and have backup in these situations. First off, with all of this you need to ensure you have the documents handy, as you may need them if there are issues.

Orders and sentences expire according to their terms, and when they expire they become void... View More

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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answered on Dec 22, 2021

You need to have a consultation with an attorney. Each case varies based on income, assets of the parties, history of caretaking of the child and other factors. Once more information about those is known, an attorney can give you advice.

Please get an attorney as soon as possible. If your wife already petitioned the court for a restraining order then you need to still protect yourself even if you may want to save your marriage. You have a limited time to respond to her petition and even smaller amount of time to prepare for the... View More

This is going to require some factual investigation, as the details are SUPER important in this analysis.

IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law... View More

Unfortunately, no. While Georgia law does not explicitly prohibit it, federal law prohibits you for purchasing, possessing, or transporting firearms if you have been convicted of a family violence/domestic misdemeanor. A remedy you may pursue is to seek a pardon from the Georgia Board of Pardons... View More

Odds are if the cops are made aware, they are going to investigate and determine if they should arrest anyone. Getting a lawyer involved out front assists in getting your version of the events presented properly and with the most impact.

I advise if arrests appear imminent that you hire... View More

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answered on Oct 28, 2021

You haven't asked a question, but if he has a warrant, then he needs to turn himself in. If the mother is harassing you, you can just block her from your phone to solve that problem.

All depends on who is doing the searching. There are a lot of different "background searches" available on the market, and they each have different parameters.

The better questions are what is the search for and what form of search is being conducted.

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... View More

You need to be open and honest with your attorney, as the medication issue is HUGE when it comes to mitigation. Your Spouse can also use that information to press the State to treat you properly as much as she does not control whether the state presses charges or not. She may also be able to use... View More

The special Conditions of Bond flow against an arrestee when a crime has allegedly been committed. They exist during the pre-disposition portion of the case and if they are violated there are special charges that can apply.

A TPO is when a petitioner has asked the court to provide a layer... View More