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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: can i sue my parents for trying to kick me out? im underage

i came clean about self-harming and my reasoning but because it blamed them and their actions, they made me say i did it for attention or they were kicking me out

Joshua Schiffer
Joshua Schiffer
answered on Apr 16, 2024

A suit for damages is potentially possible, but there is a lot to consider before then. I advise you call some local family lawyers to talk about Emancipation, and then you can get some guidance as to your rights as well. You can be the victim of a tortious action by your parents and accrue a... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 26, 2024

The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.

There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The...
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2 Answers | Asked in Family Law, Civil Rights, Domestic Violence and Identity Theft for Georgia on
Q: Does anyone in the macon area provide probono help or will work anything out to help me with a wrongful dfacs case&DV
Joshua Schiffer
Joshua Schiffer
answered on Feb 15, 2024

The Public Defender will get involved if there is a criminal issue, and if DFCS is involved you need representation ASAP.

There are several churches and charities that offer some financial assistance and referrals, especially if there has been abuse involved.

Do not wait to get...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Is there any enhanced sentencing for a conviction of FV Simple Battery if offender has prior FV Battery conviction?

I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.

His sentence for the FV Battery he was 120 days jail time.

As a repeat offender I expected some sort... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2024

Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.

Lots of reasons why the...
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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: So today my boyfriend and I were arguing about our 4 month old baby. It was a heated argument and the neighbor called

So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More

Joshua Schiffer
Joshua Schiffer
answered on Jan 29, 2024

I take it someone was arrested?

Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.

IF you or your BF were arrested, BE CAREFUL and get an...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: My bf is being charged with battery. He had a bond. What will happen next
Joshua Schiffer
Joshua Schiffer
answered on Jan 26, 2024

The standard pathway is the same as with all criminal allegations. The state will review the reports, issue an accusation or indictment (or dismiss), and eventually the court will schedule and arraignment.

More importantly, this is the time when your BF can gain an advantage by retaining...
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1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes, White Collar Crime and Criminal Law for Georgia on
Q: I saw pattern organized crime from now ex boyfriend & his dad. They targeted, recruit, drug dealers, White cc/ embezzle

Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.

In cases where someone in prison faces threats,...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can criminal case be nolle pros if victim filed waivers of rights to testimony on record?????

Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge

Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end

Joshua Schiffer
Joshua Schiffer
answered on Dec 12, 2023

The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult. A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution. Travel... View More

2 Answers | Asked in Criminal Law, Civil Rights, Domestic Violence and Sexual Harassment for Georgia on
Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.

11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More

Joshua Schiffer
Joshua Schiffer
answered on Nov 20, 2023

It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 29, 2023

If you have denied him visitation that he was awarded through a court order, then you may be found in contempt. You telling him to take you to court may look to a judge like you were revoking his visitation. Therefore, if he has filed a contempt action or any action against you, I would speak... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Am I technically withholding visitation?

ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.

I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More

Regina Irene Edwards
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answered on Oct 29, 2023

You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous... View More

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My daughter lied and got me later arrested for fv that I did not do ivsoent 12 days in jail and paid a huge bond

Her bf went to her room wanted money for drugs she said no he hit her she screams for me I did not go inner room cause she always turns on me so I stayed in kids room was at bedroom door when I got hit four times in my face by her bf I scream I’m calling police she comes into her kids room... View More

Joshua Schiffer
Joshua Schiffer
answered on Oct 12, 2023

Sounds scarily and unfortunately typical. Cops are called for one thing and then it all rolls downhill as folks keep TALKING to them.

With a mess like that you need to be extra careful as aggressive prosecutors will set up the dynamic to have everyone at their mercy, and a LOCAL LAWYER...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: With only verbal threats can I file a restraining order
Joshua Schiffer
Joshua Schiffer
answered on Oct 2, 2023

Absolutely!!! Verbal threats are real, and can even justify criminal charges such as Terroristic Threats. It may benefit you to speak with a victim advocate or lawyer to ensure your petition has all the right claims to ensure it is properly presented, but it should be fine if the language is what... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Chances of Jail Time vs. Probation.

Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 25, 2023

A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Is there any hope to get a domestic dispute case dismissed if I’ve been charged of battery?

My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 24, 2023

This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.

They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.

Bite...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Can magistrate judge grant bail for bail restricted offense without requiring offender to appear in front of the judge?

Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?

Joshua Schiffer
Joshua Schiffer
answered on Sep 20, 2023

Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a victim sue the DA if they failed to indict a violent criminal within the 90 day period and they posted bail?
Joshua Schiffer
Joshua Schiffer
answered on Sep 20, 2023

Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does the solicitor general have the power to change/add charges? Up them from misdemeanor to felony?

I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to... View More

Glenn T. Stern
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answered on Sep 9, 2023

The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.

Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The...
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