If you received an Order dated April 17, 2025, I highly doubt a judge would entertain any modification at this time. Because if you were to file for a modification, the case is going back to the very same judge. And since it has been only days since they signed the Final Order, I can't see... View More

It is highly relevant but also very common for courts to deal with. The important part is the messaging to the Court, as the Court needs to balance Criminal Justice obligations with the best interests of the parties. Luckily this is in Civil Court, not Criminal, but you are still going to want to... View More

No one can tell you how the simple assault may or may not effect a custody proceeding. A simple assault that was not witnessed by the minor children, did not involve the minor children, etc. may not be something the court decides should impact that parents custody and/or visitation. But only the... View More

I think you are confusing a protective order with a mutual restraining order. A mutual restraining order does not say anything about how many yards you can be away from someone. It doesn't prohibit parties from being near each other. I think it would be best to review the language of the... View More

A protective order is the correct first step, and I advise you also consider involving your local law enforcement agency, if only to make them aware, as that behavior is concerning.

A detective should provide available resources as well as guidance when it comes to best practices in... View More

You can ALWAYS call the police. ALWAYS.

If you are in danger you can ALWAYS reach out to Police, Fire and other State Agents as there are protections for you due to your age.

A teacher is another safe pathway, as they are trained how to deal with these issue and get the right... View More

If the DIY remedies are not working, you need to consult with a LOCAL lawyer one who knows the lay of the land and the important people involved) regarding potential additional civil and criminal actions.

Facilitating with local law enforcement can be very effective, and in lieu of that... View More

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answered on Apr 5, 2025

Anyone convicted of a domestic violence charge is banned from owning or possessing a firearm as per the Federal statute 18 U.S.C. § 922(g) (aka"the Lautenberg Amendment.")

As long as you have that conviction, you're not going to be able to have one. There may be a long-shot... View More

Glenn is correct and there are limited pathways to re-obtaining your 2nd amendment rights after a DV conviction.

But its a moving target, for sure.

BEST option is to retain a local Cobb person (like me of many others) to try and amend/change/vacate/void the old conviction.... View More

I think you should speak to an attorney. It would benefit you to sit down and discuss what goals you are trying to achieve and then an attorney can determine the best way to achieve those goals. Because what you should or shouldn't file depends on what relief you are actually seeking through... View More

Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.

This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major... View More

If the person who has your children has temporary guardianship then you can file to terminate that guardianship. If they have custody you can file for a modification of custody. But you can always take that person back to court to get custody of your children back. Or if you just want visitation... View More

The best thing to do is have a few consults with some family lawyers to learn about the emancipation process in detail. It would appear you have the basic facts/justification, now it is about presenting that to the correct forum.

You may even find a charitable group to assist you, as many... View More

You have every right to be concerned and I advise you take action as this relates to health and safety. You need to reach out to your family lawyer and craft a plan to address and ensure the child is not being cared for in a negligent manner, as the DUI shows is happening.

It is routine... View More

If you do not have a court order that addresses your child being driven by the father's spouse, then the only thing you can do to prevent that from happening is go back to court to have the court address that issue. The court can order that the spouse not be able to drive your minor child,... View More

It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.

State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to... View More

You have LOADS of impact on the case, although the final call to prosecute or not is solely the State's.

At the same time, your participation (if you are central to the case) may be necessary for the State to move forward and you have the freedom to cooperate or not. If you refuse to... View More

Well, there are a few things to unpack there.

Procedurally after 90 days of pretrial incarceration he should be indicted or bond needs to be set, as much as the courts ignore the law regularly. His lawyer should be pitching a fit.

THAT BEING SAID, these kinds of DV charges are... View More

Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More

If the defendant has a lawyer, try to facilitate with them as it sounds like a simple bond modification is what you need and they will be able to file for it.

If you want to go ahead by yourself, you can petition the court independent of the case for a bond modification, but that is very... View More