He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... Read more »
Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... Read more »
Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... Read more »
DFAC stated they are spoiled and there isn't anything they could do they need to go home. These girls are freefall, stressed and emotionally damaged and the parents will not allow them to live with the grandparents who will make sure they focus on school and treated correctly.
Considering DFAC is involved they should know the details of the case. If they felt there was no abuse going on then that is what is going to likely stand. At their age, they could go speak to their school counselor and see what suggestions he/she may have. Perhaps the family can get some... Read more »
this has been going on for years, he has been physical 2, the 2nd time she took the blaim an went to jail but she want file charges....
He can certainly report a crime to the police. Whether they act on it is up to the officers. Most jurisdictions take domestic violence seriously and chronic cases especially so.
Its hard to sort out the exact charges because of the abbreviations however all misdemeanors are punishable by up to 12 months, each. And they can run consecutively
Battery, Simply Battery (both FV and not FV) are all misdemeanors, often pled in the alternative so if one sticks the... Read more »
It’s a second domestic battery charge. He wants me to recant and or tell them I just made it up and it’s not true. DCF is involved. Which is a whole different monster. Can my kids be taken away if I we recant or tell them I lied? Or what consequences could I face? They have photos and statements.
If domestic violence occurred, recanting will not help. DFCS might see this as you unwilling to protect your children from an abusive household. It sounds like the abuse occurred and you ist don't want him to get into trouble for it. However, you need to worry about your safety and your... Read more »
if the 17 year old is living with the parents and was arrested for family violence will there be a protection order put up when he goes to court
If charged with battery/family violence in Georgia, the offender will likely have bond conditions that will state that the offender shall have no contact with the victim.
If the victim wants a domestic violence protective order (called a TPO), the victim will have to file a separate case... Read more »
Depends on some factors, but either 4 or 7 years, or forever. Its gets kind of complicated. call a local lawyer and ask for a consultation. Talk with them about the issues you are concerned with and they can guide you. The State also has some solid ways to go around SOL issues at times.
The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... Read more »
Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.
Officers... Read more »
My ex husband accused me of breaking his window. He called my brother in law and threatened to kill me cause his window was broken. My sister overheard as well. I'm not allowed on his property so I would not go over to his residence.
You need to contact the authorities if you are the victim of a crime, and that appears to be the case here. The threats are important to record in advance of any potential future legal issues between y'all, and it could be useful in presenting to a judge later on.
Have a court date already. Have evidence and a witness.
The State acts on behalf of the victim in post of these cases, but it depends on the way your county does things. If it is a private warrant application then bringing your own lawyer is an excellent idea so your position as petitioner or victim is clearly presented to the Judge. If it is a... Read more »
Representation in pre warrant court to get correct warrant and also later against attacker whom is the son in law for lost wages etc. And again against police department for mishandling and denial of my right to have had my attacker arrested in a timely fashion when asked 3 times already.
You can always file civil suits for assault or other intentional torts agains the person that harmed you, witn the big limit being if they have assets or insurance policies that you (and the lawyer) can collect against. Otherwise you are just going to get a paper judgement that is worthless and no... Read more »
I have a family violence hearing next week to extend a protective order against my daughters father. Is there any sort of arrangements that can come from this that would restrict our contact but allow him and our daughter to see one another. I hate to take her away from him, she adores him and he... Read more »
Yes, the court can order parenting time if you ask the judge to. You can ask that the court allow parenting time, but a 3rd party can pick up and drop off, or you can meet at a police station to ensure your safety.
We have a court hearing next week to get it extended or for him to say why it shouldn’t be granted. What kind of things can I use as evidence to help me get the extension granted? I do have photos of damage inside my home and recordings of verbal abuse.
You can present the photos and the recordings. When presenting the photos, you have to say "this is a true and accurate depiction of {whatever it is.} Same with recordings. If you are having a virtual hearing, it will be tricky. You may want to consult with an attorney.
He is verbally abusive, mentally abusive, but has only pushed me once. He has been putting holes in walls and doors for years. Last night he slammed our Christmas tree on the ground in front of our 4 year old... is this an option so that he has to leave my house? He is escalating and my daughter is... Read more »
You should apply for a TPO and take the pictures of the damage to the property. The judge may grant the order. If not, you need to speak to a landlord / tenant attorney.
My wife and I have had a very hard year her being physically abusive and emotionally so and I’ve been recorded telling her to kill herself. Just wondering if I should worry
It would be difficult to convict you of a "crime" per se, but it is still bad evidence if something goes awry. The better option is to either work on the relationship with therapy and efforts or consult with a family lawyer to plan a divorce/separation. DO NOT get trapped by getting... Read more »
Neighbor and I got into an altercation where I was the victim and was injured. I called the cops and they came and got statements from me and him as well as his parents who lived across the street. They sided with him even though saw me pinned on the ground in a puddle of wood glue he had thrown.... Read more »
You need to hire an attorney who can advise you on the specifically on the best way to proceed based on the specific facts of your case.
Him of choking me witb a cord when i was the one who trird to. Choke myself. I was so out of it when the police where questioning me i dont have almost any recollection i dont even remember going to the hospital
I’m not sure what your question is. Nevertheless, if your husband is accused of aggravated assault, that is a very serious felony charge. He should hire a criminal defense lawyer as soon as possible.
For more information visit my website at www.LevinLawyerGa.com
-Robbie Levin,... Read more »
Let state n child due to domestic violence. Father has in dangered myself n child and recently been locked up and has serveral open cases n current drug addict
You need to contact an attorney in the state where the child is located to file a petition for emergency custody if someone other than you has legal custody of the child.
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What is your question? If you are experiencing domestic violence please contact the police and/or a domestic violence organization in your area.
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