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Georgia Domestic Violence Questions & Answers
3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I want to know how I can get a protective order against my husband in the future if i want to leave him?

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 »

V. Joy Edwards
V. Joy Edwards answered on Mar 15, 2021

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 »

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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Federal Crimes for Georgia on
Q: If it was discovered that a 17 year old had been living alone for the past 12 years what would normally happen?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 12, 2021

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 »

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1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: My 15 yr old nieces reported verbal and mental abuse to DFAC against the parents. What are the child's rights?

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.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 10, 2021

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 »

1 Answer | Asked in Domestic Violence for Georgia on
Q: can a stepfather file domestic violence against my stepdaughter's boyfriend verbal assaults on her if she want.

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....

Joshua Schiffer
Joshua Schiffer answered on Mar 8, 2021

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.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Whats the worse they can give me for charges simp. batt. agg. 1st offense, simp. batt. f.d.v. & 3rd child endangerment
Joshua Schiffer
Joshua Schiffer answered on Mar 2, 2021

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...
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3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: My boyfriend has been charged with battery. He wants me to recant. Will I get in trouble? Dcf is involved too.

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.

Regina Irene Edwards
Regina Irene Edwards answered on Feb 17, 2021

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 »

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1 Answer | Asked in Domestic Violence for Georgia on
Q: if your 17 and charged with family violence at your mothers house do they put up a protection order if you live there?

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

Onyema Anene Farrey
Onyema Anene Farrey answered on Feb 6, 2021

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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Statue of limitations on aggravated battery
Joshua Schiffer
Joshua Schiffer answered on Jan 26, 2021

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.

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Georgia on
Q: In Georgia would it be legal for an officer to make a warrantless arrest when no complaint has been made?

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 »

Jermario L Davis
Jermario L Davis answered on Dec 30, 2020

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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What do I do if someone told another person they would kill me

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.

Joshua Schiffer
Joshua Schiffer answered on Dec 29, 2020

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.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Is it best to have a lawyer with you when you have a pre warrant hearing against the one hwho attacked you.

Have a court date already. Have evidence and a witness.

Joshua Schiffer
Joshua Schiffer answered on Dec 9, 2020

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 »

1 Answer | Asked in Domestic Violence for Georgia on
Q: What lawyer needed for me the victim against attacker and police department

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.

Joshua Schiffer
Joshua Schiffer answered on Dec 7, 2020

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 »

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Family Violence hearing. What about our daughter?

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 »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 3, 2020

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.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: I filed a family violence ex parte protective order and had my abusive boyfriend removed from my home.

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.

Regina Irene Edwards
Regina Irene Edwards answered on Dec 1, 2020

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.

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3 Answers | Asked in Domestic Violence for Georgia on
Q: Resident of Walton county, GA. Can I get a protective order against my boyfriend who lives in my house with our daughter

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 »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 30, 2020

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.

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2 Answers | Asked in Divorce and Domestic Violence for Georgia on
Q: Is telling a spouse to kill themselves family violence

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

Joshua Schiffer
Joshua Schiffer answered on Nov 24, 2020

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 »

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2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: I was the victim of a domestic dispute&clearly injured. The cops came& I ended up charging& arrested. What should I do?

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 »

Ellaretha Coleman
Ellaretha Coleman answered on Nov 23, 2020

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.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My husband was falsely accused of aggregated assult towards me. I was under the influence and suicidal and they accused

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

Robbie Levin
Robbie Levin answered on Nov 11, 2020

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,...
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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How can i file for emergency custody not in same state as child

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

Ellaretha Coleman
Ellaretha Coleman answered on Nov 8, 2020

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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1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for Georgia on
Q: DOMESTIC VIOLENCE

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Homer P Jordan IV
Homer P Jordan IV answered on Nov 4, 2020

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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