Lawyers, Answer Questions  & Get Points Log In
Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Military Law for Georgia on
Q: I called the police on my boyfriend out of fear of what he would do to me and my daughter. now I don’t want him in jail

He may get 3-5 years but I only wanted space. Can I write an affidavit to keep him out of jail. They said the state is prosecuting him. Can his ptsd from the military help him?

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Aug 22, 2022

You are facing a super hard issue and the world is not very understanding.

The main issue is that no one should be in fear, especially children, at home. And a call to police is undeniable that you were scared, so the state is going to take a position that the call was valid and therefore...
Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can a conviction be remanded being the charges did not merge even though it was in the same commission with a weapon

Aggravated Assault two counts and Aggravated Battery being the worst, since the victim was struck with a machete on the head and used their arm to block another blow rendering it useless in the same commission. Convicted on every injury towards the victim and sentences to consecutive 20 year terms... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

If the convictions stemmed from one succinct criminal transaction and all against the same victim, then the aggravated assault convictions should have merged with the aggravated battery conviction for sentencing purposes. See Regent v. State, 299 Ga. 172, 787 S.E.2d 217 (Ga. 2016). However, note... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: Hi so I’m a victim in a domestic violence case, the DA, victims advocate and investigator came to my house but I didnt

Speak to them. If I don’t speak to them and show facts will that affect the case and he also has a revocation hearing coming up, they want me to show up to tell what all happened. If I don’t show up will they dismiss the bond revoke case and let him free

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Aug 1, 2022

Unfortunately no, and the "Victim Witness" is one of the most difficult folks to interact with if you are involved with a DV case. They work for the State and against the defendants penal interests. Regardless of whether you work with them, they are working for the Prosecution and that... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: I pleaded guilty to domestic violence, in GA. on 06/27/2022. How much time I have to file motion to withdraw?

Location: Forsyth county, GA

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jul 18, 2022

Generally within the term of court you’re fine. I’d have to check the dates for Forsyth. Do you want to talk with your lawyer at length before making that call valve because once you file there’s basically no shot at ever getting a plea that good again. So you really need to be sir. Judges... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a person with a TPO carry a firearm?

Can you also provide the OCGA code as well??

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jul 15, 2022

The answer is almost always case specific with the default position being "no." Check the order that was actually issued and it should directly address firearms. Especially if the TPO is DV related, the courts are very wary of firearm possession when there are such emotional issues before it.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My boyfriend was arrested in March and charged with battery (FVA) and part of his bond conditions was no contact order

With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jun 16, 2022

All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.

The best thing for y'all...
Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: How long can Gwinnette County Ga. hold my grandson after and Arraignment Hearing (Misdemeanor)

My grandson was transported from Dekalb County Jail on 3 June for a hearing on 7th june. The Arraignment Hearing was completed with a continuance.

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jun 12, 2022

Thats a hard one as there are so many variables.

https://ody.dekalbcountyga.gov/portal/ is the online docket and you should be able to find his case info there, but without knowing more it is tough to predict how long until his next judicial event. It could be a couple, of weeks or a long...
Read more »

1 Answer | Asked in Immigration Law and Domestic Violence for Georgia on
Q: Can you sign a voluntary dismissal with having a valid passport but expired visa

If so how long will that take?

Kevin L Dixler
Kevin L Dixler
answered on May 14, 2022

You can do whatever you want.

More information is needed if you are concerned with whether you will ever be approved for a visa in the future. Were/are you accused of a domestic violence? What are the facts? Did you go through any sort of court mandated classes? What is the maximum...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My wife took out a TPO against me and then contacted me by text..What can I do..??
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Apr 19, 2022

Be careful, thats what you can do. Even when she solicits contact, ANY violation of the TPO can justify an arrest or violation. Thats one of the big issues with these orders. No matter her intention, the cops are going to do what the document tells them too.

You need to get a local...
Read more »

View More Answers

1 Answer | Asked in Domestic Violence, Family Law and Immigration Law for Georgia on
Q: I live in GA. My husband was previously arrested for domestic violence. If he brings his family to our home to visit..

They are from another country..they are abusive to me in front of my son and husband ..if I let my spouse know I am leaving with my son and take my son to my mothers home can I get a restraining order if he threatens me? What about a good behavior warrant in GA?

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 29, 2022

At this point, you both have equal custody of the child. He can also take the child. You may want to consult with an attorney who can review the facts of your case in detail and provide you with guidance.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How can a lawyer prove someone is not guilty of child cruelty ?
John Kim
John Kim
answered on Mar 19, 2022

This is a very broad question - it may help if you tailor your question a little bit more to receive better responses. However, in general, a lawyer will use all the evidence in the case to provide the best defense for his/her client. This can be achieved through various ways (i.e., communications... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Should I plea not guilty

So my granny was on the phone with my sister and I started to argue with my granny. My sister on the phone in anouther county hangs up and calls the police to our house. I get arrested for fva simple battery for taking the phone from granny and throwing it and criminal fva criminal trespassing for... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Mar 11, 2022

You stand a very high chance at a successful resolution as long as you handle the situation properly. As DV cases are treated aggressively by most jurisdictions, they dont get "dismissed" very often without some back and forth between you and the State. It may be very reasonable to try... Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: Can domestic violence warrants be rescinded if the victim admits to a false report?

This case takes place in Georgia

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Feb 17, 2022

While the officer requesting a warrant, can always withdraw a warrant application, if a warrant has already issued, there may be additional steps taken to get the warrant withdrawn. If the alleged victim does not want to prosecute, the DA/Solicitor can take that into consideration, but they have... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: What is the legal term used when a child tells a mother that "daddy wants to kill you"

I'm a mentor for a woman in Georgia and I live in New Jersey and this poor woman has been put through hell &her 4 children are in temp custody of their abusive twisted husband and one conversation she had with her 4yr old, said "daddy wants to kill you" Now I don't know how... Read more »

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jan 31, 2022

She needs a wholesale revisiting of her case by a Domestic Violence Social Worker who can coordinate appropriate legal assistance as this is a multifacted situation. The Child is in need of protection, and that should be coordinated likely with some state agencies due to her instability and lack... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Georgia on
Q: how much time does a person get for cruelty to children in the 1st degree and battery family violence 1st degree?
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jan 30, 2022

In Georgia Cruelty in the 1st is 5-20, and is very substantive charge. The Battery is likely a misdemeanor lessor included.

These cases are very factually dependent as there is almost always a lot of mitigation to be explored and the truth is NEVER reflected in the officers...
Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: If damages occurred by my attacker am I required to repair or pay for it
Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jan 14, 2022

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.