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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Juvenile Law for Georgia on
Q: What to do if you are in an abusive home, but only have pictures of the aftermath?

I live in an abusive home. My guardian physically abuses my little brother, and mentally/emotionally abuses me. I only have pictures of what shes done to my little brother, who has ODD and autism. I have witnesses of what shes done to me, but that's it. I'm seventeen, my little brother is... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 8, 2020

Your circumstances are unfortunate. Child abuse is a serious and emergency situation. The best and most immediate response is to contact local authorities/police or contact Child Protective Services (CPS). I understand your empathy towards your guardian, however intervention is needed before this... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I get a restraining order to keep someone out of the country

If this particular person renters the country they will kill me

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 3, 2020

It is best to contact an attorney as soon as you possibly can.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Georgia on
Q: How can a person go from misdemeanor stalking to criminal stalking when the other party is tracking them?

This woman has hacked my husbands phone tracks his whereabouts, has people follow him. Throws feces in his clothes and infects him with a parasite, she puts the TPO out on him and she doesn’t go to jail but he gets these charges. She shows up unannounced with out an officer present.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Aug 1, 2020

It is imperative that you contact an attorney as soon as possible.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Can a person be charged with home invasion while they currently live in that residence? What makes it home invasion?

Can you be charged with burglary with no forced entry and home invasion?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 31, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assist you with the specifics of your circumstances.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: I am an 18 yr old female who was charged with family violence and battery. What’s going to happen at court?

The situation I was involved in was a complete mistake. I had just gotten out of the mental hospital 2 days prior to the incident for an attempted suicide. I was in a state of psychosis. What will happen to me on my court date? What should I do and or prepare for?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jul 25, 2020

Your circumstances are unfortunate. It is best to contact an as soon as possible; you need to have proper representation.

We are glad to assist you. Contact us whenever you are ready.

We wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: My mom is in an abusive relationship of two months. She has bruises on her arms

I have not seen them personally but my dad has. I have lost all contact with her because she “lost “her phone. We believe the person she’s with is controlling and putting his hands on her. Is there anything legally we can do to help or protect her? She has not admitted that he punched her but... Read more »

V. Joy Edwards
V. Joy Edwards answered on Jul 1, 2020

Unfortunately there is not much you can do unless she admits it. Depending on her age you may be able to contact the Elder Abuse hotline for assistance.

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3 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can my fiancee beat a simple battery family violence charge if it was my our first argument in 4 years?

I called the police but I dont want to press charges I just wanted them to de-escalate the situation.

V. Joy Edwards
V. Joy Edwards answered on Jul 1, 2020

I'm not sure what you mean by "beat" the charge. Are you thinking get it dismissed? That depends on the situation. It will more more likely to have a successful outcome with the help of an attorney.

We would be happy to help. Feel free to call us at 770-723-7211.

V. Joy Edwards

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2 Answers | Asked in Criminal Law, Family Law, Domestic Violence and Probate for Georgia on
Q: Protection order placed on me by niece after my mom's death. No will and they were taking everything inheritance theft

They drained her accounts they still have her furnishings I posted a protective order on my Facebook page which they were blocked from and I was arrested for stalking is this legal

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jun 24, 2020

More information is needed before an accurate answer can be provided. It is best to contact an attorney who can assess the details of your circumstances and provide you with a tailored response.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: if im on probation for simple battery in 1 county then get arrrest for family violence simple battery a different conty

would i be charge twiced in court?? and loose my bond?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 20, 2020

It depends greatly on the conditions of your probation for the simple battery in County 1. It is best to contact an attorney as soon as possible who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

We wish you well....
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1 Answer | Asked in Domestic Violence for Georgia on
Q: If my father is abusive to my mother, do I have the right to use a gun to protect her?

Georgia resident, gun is legally owned.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on May 16, 2020

The answer to your question depends greatly on the specific circumstances. It is best to contact an attorney who can assist you and provide a detailed, tailored response.

One important note to share, if you feel you or your loved one’s life is in imminent danger, it is best to call 911...
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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: Is it legal for boyfriend and his mom to keep kids away from their mom? Using the excuse of virus to do so?

In march boyfriend(no longer) got arrested for beating me up. During this time his mom tried to take kids away from me then when he was still locked up. I made them come back home she had no rights to them. After he got out they were going to go take showers (another excuse) at their grandmothers... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 7, 2020

Parenting orders should still be followed, providing both parents are following the stay at home orders. If you need legal help and can’t afford it, try contacting the Legal Aid office to see if they can assist you. -Homer P. Jordan IV, Esq. 404-620-1558

3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How to modify or drop TPO against my husband?

I got a TPO in july. Its 1yr long but my husband is in jail and has been for 4 months. Our tpo will be over in july but hes getting out soon and I want to be able to see him, can a judge modify it to let me see him some since I dont think he will just dismiss the TPO.. ??

Ellaretha Coleman
Ellaretha Coleman answered on Mar 2, 2020

You will need to file a request to dismiss the TPO. You also need to be certain that the terms of his release do not also contain a stay away provision restricting contact with you.

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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Need Help with TPO. I am the defendant.

I had engaged a lawyer in my recent TPO regarding a civil/family case. The Judge dismissed the case as the petitioner did not show up to court. The petitioner then refiled practically the same case with a her married name this time. Is this considered a new case? The second TPO has a new case... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 12, 2020

More likely than not, your engagement with the lawyer was for the first TPO. It may be best to contact an attorney who can assist you with the specifics of your case. The plaintiff/petitioner may be barred from reclaiming the same incident in applications for a new TPO.

We are glad to...
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1 Answer | Asked in Civil Litigation and Domestic Violence for Georgia on
Q: If someone is angry and makes the comment of “having a bullet with your name on it”, is that considered a threat?

If someone is angry and makes the comment of “having a bullet with your name on it”, to you or about someone who is family (or common to the family having a discussion), is that considered a threat, legally speaking? Especially if the person making the bullet comments actually has a decent... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Feb 10, 2020

Yes, it is enough. It is best to contact an attorney who can assist you with the specifics of your circumstances. It may also be most important for the individual to obtain a Temporary Protective Order.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
Read more »

2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Will there be a problem if i filed for a waiver previously due to domestic violence but later sent supporting document

to update filing to joint filing.like attestation from friends, pictures, document from the state court etc proving that we are back together and able to resolve issues.

Ellaretha Coleman
Ellaretha Coleman answered on Feb 6, 2020

Your question is unclear as to what type of problem you are inquiring about.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: My boyfriend/father of my child live together, one night we had a disagreement it did get physical my mom called the l

Police I never wanted it to go that far but she doesn’t care for him anyway so her goal was to have him put away so I’d stay away from him the police pressed charges on their own he plead not guilty so he has a trial coming up in March in which I’ve wrote the DA twice notifying him I refuse... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 30, 2020

You must testify if you are subpoenaed; there are consequences for ignoring one. Does your boyfriend have an attorney? It may be helpful to speak with him and his attorney. If he does not, it is best to contact an attorney who can assist you with the specifics of your circumstances.

We are...
Read more »

4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: If i have a 12 mo TPO on someone and it covers our child, before TPO & when TPO was issued father was not legitimized.

He has since legitimized the child but NO visitation has been established. Will a court overturn the TPO covering the child to establish visitation if he has harassed mom and done things in front of the child and never had any visitation what so ever/ the child is 7 years old.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 29, 2020

The answer is no. The TPO will take precedence.

It may be best to contact an attorney who can assist you with the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: Can I make a police report on my husband after we made up a story to the er? I had broken bones, and was afraid of him.

My husband beat me and broke my ribs. We went to the er because I was in extreme pain and having a hard time breathing. We made up a story that I fell because I was afraid of the repercussions. He never left me alone with the doctor to be sure I wouldn’t tell the truth. I’m now safe from him... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 11, 2020

Your circumstances are unfortunate, and it is good to hear that you are safe. Yes, absolutely yes, you can still file a police report. You can also file for a protective order. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you....
Read more »

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2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: If you are out of jail on bond, for aggravated stalking, are you allowed to use YOUTUBE to send message to the victim?

The judge during the bonding out hearing, told him to stay off ALL social media, but he has developed a YOUTUBE thing, so send me messages, apologizing and asking me to come back. He was only supposed to be allowed to have his manager post things ( he thinks he is a singer/songwriter) but he is... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

If there is a protective order contact the agency that issued or a police department to report the violation.

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