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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How far back do they search a criminal background in Georgia on a misdemeanor in another state?
Joshua Schiffer
Joshua Schiffer answered on Oct 27, 2021

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.

4 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

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... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: I was charged with the family violence act by the state. this is my first time in trouble. What happens now?

My spouse and I got into an altercation that we involved the cops to mediate but turned into me being arrested as the aggressor. I was bonded out and told to make no contact with the victim i.e. my spouse I was also told by a couple cops that I could have my spouse overturn the no contact order by... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 7, 2021

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... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What is the defendants between TPO and a special bond conditions
Joshua Schiffer
Joshua Schiffer answered on Sep 27, 2021

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...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: What happens if a temporary restraining order is taken out, but not served on the defendant before the court date?
Joshua Schiffer
Joshua Schiffer answered on Sep 21, 2021

Generally the court will allow continued attempts at service until the ex parte expires. It may be a good idea to pay a skip tracer to serve the person if the sheriff is running into issues.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Would't this be a simple way of saying the child was stolen by father and he has paid some very powerful people?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

I am sorry, but it appears some of your question was cut off. Please resubmit.

2 Answers | Asked in Domestic Violence for Georgia on
Q: What happens if a defendant doesn't show up for a restraining order hearing?
V. Joy Edwards
V. Joy Edwards answered on Sep 20, 2021

If you can make your case - which you should be able to if the other side does not show up - you will get the one year TPO.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was arrested for criminal trespassing and am out on bond. I don't want to go back to jail, what is going to happen?

I broke the windshield of my exs car from the inside, I had my feet up on dash and was in pain due to a tooth infection, we were sitting in front of an urgent care. She was yelling in my ear and out of frustration and desperation I kicked the windshield without thought I had no intention of... Read more »

Joshua Schiffer
Joshua Schiffer answered on Aug 26, 2021

Good news is that if the putative vicim is cooperative and the restitution has been made, I bet most prosecutors will work this out. As long as you follow the rules of bond you should be in good shape. Dont hesitate to ask for the public defender if you want some guidance, as the State may be... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Government Contracts for Georgia on
Q: The highschool won't allow my daughter in school

They kept her in room without lunch all day instead of going to class

Joshua Schiffer
Joshua Schiffer answered on Aug 17, 2021

There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.

2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: What is a typical bond set for first time offender of battery-FVA?
Joshua Schiffer
Joshua Schiffer answered on Aug 16, 2021

If the person has a clean record, generally a couple thousand. The Special Conditions are what really matter though, as courts generally default to the most "safe" option of "No Further Contact" with the putative victim. That is where the big problems start as it creates a... Read more »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: I was abused by my husband & go to court for the restraining order when the judge sees the video can they press charges?

I have a temporary restraining order for now but no one seen any video or heard the audio so when we go to court I'm gonna have them for the judge to see would the judge be able to then press charges because at the time of the incident no police were called.

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

The best thing to do in this position is to have the hearing (if an option, have a stenographer take down the transcript) and then you take the results of the hearing to the police and ask them to press charges. While SOME judges will direct refer from a TPO/TRO, most want the petitioner to handle... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I obtain a firearms permit in Georgia with a criminal trespass charge?

It was labeled domestic violence just for trespassing back in 1998 or 1997

Joshua Schiffer
Joshua Schiffer answered on Jul 28, 2021

You need to address the underlying conviction and have it changed. The good thing is that this problem is common enough that it is often pretty easy, but it all depends on the facts and the position of the State since it is a consensual change in your record and it is easiest with the State's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My son is 30. He was accused by his girl friend of terroristic threats and he had a firearm when he was arrested.

He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.

Joshua Schiffer
Joshua Schiffer answered on Jul 27, 2021

Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.

My direct email is...
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3 Answers | Asked in Domestic Violence for Georgia on
Q: If an ex fling filed a TPO against me for stalking, should I take one out on her as well?

I had a 9 month relationship with a woman who is engaged to be married. Out of nowhere she broke it off, changed her number and blocked me. I sent a ridiculous amount of emails to try and get her to respond. Cusses her out, threatened to tell her boss she uses illicit drugs in which she does. In an... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Jul 7, 2021

You don't appear to have a basis for filing one. She hasn't harassed you. If you want closure, just don't have any contact with her.

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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: Can I file suit or bring civil or criminal charges against someone for Parental alienation when my child is an adult?

My adult child is suffering from the parental alienation at the hands of he and Third party alienators. I am mother.

Michael D. Birchmore
Michael D. Birchmore answered on May 19, 2021

No. I am unaware of a cause of action that would allow you to sue for this.

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If my dad put a emrgy TPO on me may 3 I went to court yesterday he filed a continuance I askd for a lawyer after he ask

After he asked judge for continuance he asked if the judge could order us to go to counseling? Why would he do all this if he wanted to go to counseling? I've been through and completed counseling/therapy several times and it is not just me that is the problem no matter how many times they... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 19, 2021

I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.

2 Answers | Asked in Criminal Law, Employment Law, Family Law and Domestic Violence for Georgia on
Q: If dad filed a Emrgcy TPO & 2day had 1st hearing he cont'd & I asked 4 a lawyer can he still motion 2 dismiss it?

He said he wanted to continue it and then asked the judge if he could order us all to go to counseling? I wouldn't have a problem with it at all but the TPO would still stay and I wouldn't get to go to work & coach my girls? I work 4 my dad for 31 yrs! I feel like this was done to get... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on May 18, 2021

You need to speak to an attorney to get specific advice about a case in progress. This forum is best for general questions.

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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on May 17, 2021

This has probably passed since it’s the date in question, but you could seek a continuance. Consult with an attorney who can help you with the case going forward.

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for Georgia on
Q: What do I do if I can't find a lawyer to represent me in a Emergency TPO on Monday 17th that my dad filed on the 3rd?

I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... Read more »

V. Joy Edwards
V. Joy Edwards answered on May 14, 2021

I’m so sorry to hear about your situation. What county is your case in? You may have to ask for a continuance. I’m happy to discuss the situation with you and see if we can assist at the hearing on Monday.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: Is verbal abuse abuse recognized in GA for minor children

The abuse is gritt teeth and raises his hand hitting the door / wall, she is isolated from her bedroom to a closet with no door and camera, no phone and no laptop. She is told to be obedient and accused of being delinquent and spoiled brat.. when she breaks he rewards her. She came forward with... Read more »

Joshua Schiffer
Joshua Schiffer answered on Apr 19, 2021

A guardian Ad Litem and family lawyer will be able to assist you in presenting the truth to the court, and then the court can mandate better care and safety for you both. The behavior you describe is textbook abuse, and is indefensible. It is harmful to the child in the long run and you have... Read more »

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