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Georgia Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for Georgia on
Q: Can I make a police report on my husband after we made up a story to the er? I had broken bones, and was afraid of him.

My husband beat me and broke my ribs. We went to the er because I was in extreme pain and having a hard time breathing. We made up a story that I fell because I was afraid of the repercussions. He never left me alone with the doctor to be sure I wouldn’t tell the truth. I’m now safe from him... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 11, 2020

Your circumstances are unfortunate, and it is good to hear that you are safe. Yes, absolutely yes, you can still file a police report. You can also file for a protective order. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you....
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2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: If you are out of jail on bond, for aggravated stalking, are you allowed to use YOUTUBE to send message to the victim?

The judge during the bonding out hearing, told him to stay off ALL social media, but he has developed a YOUTUBE thing, so send me messages, apologizing and asking me to come back. He was only supposed to be allowed to have his manager post things ( he thinks he is a singer/songwriter) but he is... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 7, 2020

If there is a protective order contact the agency that issued or a police department to report the violation.

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3 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Why would the judge do this?

I was the victim of a domestic. Originally my husband was charged with simple battery and domestic assault both misdemeanors. And the judge changed the charges to felonies. I put in a TPO today and got divorce papers BUT I dont want him to spend 20 plus years in jail.

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 7, 2020

There could be a number of reasons that the case was upgraded to a felony. If the injuries are severe, the charge can be upgraded. The charge can also be upgraded if this is not the first domestic violence charge with the same victim.

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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: Does jurisdiction have to be list on a court order

Order written but no mean of jurisdiction on the order does that mean it lacks jurisdicton

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 6, 2020

No, not on the court order. Customarily, jurisdiction is pled in the complaint. However, an objection to subject matter jurisdiction may be raised at any time, even after a decision is rendered. There are even instances when the court raises on its own. A decision that the court lacked subject... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Can you change guilty plea years after ?

I pled guilty to domestic violence SIMPLE BATTERY and in turn they dropped the mother of my childs DV battery to disorderly conduct after admitting hitting me . and in the police report she stated she was the obvious aggressor.

Now i regret it and want to know the process if at all... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Jan 1, 2020

More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who can assist you with the specifics of your case and provide you with a definitive answer.

We are glad to assist you. Contact us whenever you are ready.

I wish you well....
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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Georgia on
Q: Can I leave out of state with my kids if I'm being mentally and financially abused in my marriage?

Will it be seen as kidnapping and will it be held against me in divorce court later on? Or will it be seen as a good thing that I got myself and children out of that situation? My only reasoning for leaving the state we currently live in is because my family lives out of state and I have no one... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Dec 29, 2019

It could possibly be held against you if you remove the children from the state in anticipation of a divorce. You should seriously consider consulting with an experienced family law attorney to discuss your options and best strategy before doing this.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: The police press charges after the victim said she does not want charges to be pressed
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Dec 16, 2019

We would be glad to answer your question, however it is unclear what you are asking. Please resubmit your question, and I or one of my colleagues will be glad to assist you. Thank you.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: Can you be a primary aggressor and a victim in the same domestic violence case ?

I was under a tpo from a prior domestic violence with the same person . while at work the mother of my child came up to my job and left our infant daughter after making a scene . she leaves and eventually proceeds to come back acting even more irrational hitting me and stuff .. I get my child put... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Dec 14, 2019

The answer to your question is yes. That being said, you need to contact an attorney as soon as possible who can assist you with the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Domestic Violence, Education Law and Juvenile Law for Georgia on
Q: My son is getting bullied and harassed in school. I talked to the principle and it is still continuing. can i press char

There is a gang in the school were my son is getting bullied and harrassed. The leader of the gang keeps approaching him with treats of gang jumping him and fighting. The leader is 13 and the members are 12 or so. Can i press charges against him and the school since i have had a meeting with them... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Dec 9, 2019

The short answer is yes. However, it is important that you contact an attorney as soon as possible to discuss the specifics of your case. We are more than glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: How can I get a probono lawyer for family violence?

I have no money, my husband beat me for the last 5 years. We have joint custody of my 4 yr old. He has physical custody, I gave him to my husband bc I had no stable place for him. I have supervised visitation Wednesdays and Saturdays for 2 hrs each day. I haven't seen my son in 6 weeks.... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 25, 2019

Your case is unfortunate and concerning. Depending on where you live, you may benefit by contacting Atlanta Legal Aid or Georgia Legal Services. They provide legal representation at no cost, however qualification is based on a client's low income status.

I wish you well.

-The...
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1 Answer | Asked in Child Custody and Domestic Violence for Georgia on
Q: Ok so from May 2019 when the incident occurred til nw. He wasn't charged. By me or the cops. I can still file(Dec 2019)?

He kneed me on the left side of my face, Temple and skull. I left in June, after he drug me out of his mom's house by my hair in a bra and jeans. I had shoes on. I found out my mom died 1 month and 1/2 after she passed away. I called Kevin he picked me up and went to his mom's. I took a... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 23, 2019

Your case is unfortunate, and there are a lot of missing components, making it difficult to provide you with an accurate answer. You do have options, TPO and filing for visitation are a couple that immediately come to mind. More information is needed from you.

It is best to contact an...
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2 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Georgia on
Q: Hey there! I have a few Q& A's so let's start with this one. How long have to file charges for domestic violence?

I left Lucas's dad in july after a bad injury frm kevin in May 2019. I have no money for an attorney. He didn't allow me to work. And has legal documents& wont give them to me.I I gave him phys. Cust. Bc I don't have a set place to live he pushed for supervised visits by himself... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 23, 2019

Without more details, it is difficult to answer your question definitively. Generally, you will want to file for visitation through the courts; this will guarantee you time with your son on a regular basis. It is really best to contact an attorney as soon as possible, especially since you suspect... View More

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1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I receive incident reports to file charges against abuser. Abused me for 5 yrs. Left in July. 2019

This the 4th time I've left. I don't want to go back. I need help retrieving my legal documents in order to receive benefits to able to support me and my 4 yr old son and get him away from his abusive dad.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 23, 2019

You should be able to contact the police department(s) that responded to the domestic violence incidents to obtain the reports. Sounds like you will want to file & obtain a temporary protective order (TPO). There are many moving parts of the order and all that involves your case. It is best to... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I have a public defender lawyer and this is my first time charged with 3 counts of terroristic threats and 1 count of

Family domestic violence. What is the outcome pleading not guilty & you are a professional truck driver over the road?

Anthony M. Avery
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answered on Nov 20, 2019

Hire a competent attorney now. Do not plead guilty unless there is some type of diversion or other procedure to take this off your record. Those possible convictions will destroy you.

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: How to file for Florida Divorce decree to be registered in Ga for a child custody jurisdiction enforcement from DV hist.

Is there certain forms that are required when filing for this? Especially with a domestic violence clause being the basis for the jurisdiction hold?

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 19, 2019

In order to have the Florida order enforced in Georgia, you will need to register the order in the superior court of the county where the respondent resides. You should consult with an attorney to discuss your options to proceed in Georgia.

1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Georgia on
Q: What legal safe guards do I have to challenge 1. an eviction order and 2. a protection order i believe my mother may mak

My mother and I recently moved into a new home together. Unfortunately, issues from the past have re-emerged and created a storm of conflict that has irrevocably damaged our relationship. Can she retaliate against me by ordering me to vacate the home and/or by filing an order of protection, even... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 17, 2019

Without more details, it is difficult to provide you with an accurate answer. Generally speaking, protective orders are not granted unless there is evidence to support it. If you are a co-owner, you cannot be evicted, however if a TPO is granted, you obviously cannot remain in the home. For these... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What can you get charged with for making a false statement?

I made a false statement against my boyfriend who is charged with aggravated battery and kidnapping I was very angry and that’s why I made the statement I did and I lied what will I get charged with it if I tell the DA that I lied and I write a letter?

Gary Kollin
Gary Kollin
answered on Nov 9, 2019

There is always that possibility.

It be worth it to retain an attorney

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1 Answer | Asked in Domestic Violence for Georgia on
Q: Hi my name is Araceli I just have a question? Can dfcs take my child away from me if my boyfriend ask them?
Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 9, 2019

Without more details about your case, it is difficult to answer. DFCS generally will not remove a child simply because someone asked them to. More information is required to provide you with a better answer.

It is important to contact an attorney as soon as possible if you have concerns...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: I am a male living in Georgia and I reported domestic abuse. Will the police charge me because I defended myself?

My wife threw objects from the balcony at my car then when I confronted her she punched and kicked me. I held her back and I ended up with scratches and bruises on my face. Now a neighbor has came forwarded and given a statement against me. I called 911 because I was tired of being hit and verbally... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 9, 2019

Domestic violence laws protect anyone, regardless of one’s sex. When someone is the aggressor, the law allows self defense. The specific facts and details of your case should be discussed with an attorney who handles domestic abuse and Temporary Protective Orders as soon as possible.

We...
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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Georgia on
Q: Can a 14 in Georgia runaway and live with another if they parent could be charged with abuse and possibly neglect?

Im 14 and Im trying to get out of the home but because Im not 16 or older i cant do anything. My friend and I are working up a case against her for child abuse and possibly neglect. I haven't looked up the second one all to much, however for the abuse case we have pictures of bruises and my... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2019

You need to speak with a counselor at your school about your situation. As a minor, you cannot just run away without parental permission.

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