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Georgia Domestic Violence Questions & Answers
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

Regina Irene Edwards
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Regina Irene Edwards
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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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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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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Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How can I get an inmate a bond in fannin co ga?

My fiance is locked up in fannin county jail. They will not give him a bond

Joshua Schiffer
Joshua Schiffer
answered on Sep 5, 2023

It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: GA Code § 17-6-1 f(2) How did someone charged with FV bond out without appearing in front of judge? No stipulations?

Convicted of FV Battery 2016

Charged FV Battery 2018- bonded out without appearing in front of superior court judge, no orders put in place to protect victim

Charged FV Simple Battery 2021- same instance as 2018.

(All same victim)

The offender is also on felony... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 31, 2023

I would love the answer to make sense, but it wont.

Bonding procedures in Georgia are downright arbitrary, and it seems that the most innocent folks are always being overdetained while the bad folks get cut loose without a care in the world. Its infuriating!!

Have you or the...
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3 Answers | Asked in Family Law, Domestic Violence and Medical Malpractice for Georgia on
Q: WHERE CAN I FOUND A PRIVATE PRO BONO LAWYER IN GA
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

Lawyers are not "pro bono" lawyers because no one could work for free all the time and pay their own expenses. There are attorneys who do some pro bono work. I would suggest contacting a local legal aide if you're looking for a place to get free legal assistance.

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3 Answers | Asked in Family Law, Domestic Violence and Medical Malpractice for Georgia on
Q: WHERE CAN I FOUND A PRIVATE PRO BONO LAWYER IN GA
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Most private attorneys who do pro bono work do so through legal aid clinics or organizations. Legal aid normally screens applicants seeking legal services before they can see an attorney volunteer to determine whether the applicant has a bona fide legal issue that can be addressed by a lawyer,... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Does my cousin have a chance of having a judge lessen his sentence if he has been diagnosed with cancer?

His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More

2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

I'm not sure how police can't help if she is being held against her will. She can call the police and they can assist her in leaving the residence. They will also likely arrest him if he is physically abusing her. She can also see a restraining order against him. She can file for a... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My daughter has lied on me I was locked up 12 days got bond out by her boyfriend whom hit me in my face 4 times and he w

He also is tbe one whom put marks on my daughter she has turned in me saying I did it now I gave a trial in a week no lawyer I fired him due to confluct if interest

Joshua Schiffer
Joshua Schiffer
answered on Aug 9, 2023

Unfortunately you are going to need to find a lawyer as soon as possible as that is the best way to ensure your rights are preserved. Was the lawyer you fired a Public Defender? If not you can try to apply for counsel from the court but if you fired them it gets a bit harder. DO NOT expect the... View More

1 Answer | Asked in Domestic Violence, Family Law, Criminal Law and Divorce for Georgia on
Q: 16-5-23 Was charged for simple battery -family violence 16-7-23 damage 2nd private property

I don’t understand how it’s saying private property when I was living at the home with my husband?

Joshua Schiffer
Joshua Schiffer
answered on Aug 8, 2023

The property involved was owned by and individual and not the State, that is what they mean.

Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.

I am betting a cell phone or something in the house was allegedly...
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