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Georgia Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What can I do to help my boyfriend on a family violence criminal trespass charge before arraignment?

We have lived together for 2 years. We got into an argument 4 days ago. My daughter whom lives next door heard the commotion and called the police. He pushed over a tote with some items inside and it knocked over a side table with an old TV on it. He never touched me nor threatened to touch me. We... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 23, 2018

He needs a criminal attorney to represent him in the criminal case. The state can bring charges without your cooperation depending on what information or evidence they obtained in their investigation.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If i have probation violation whats the most that they can impose on punishment with new charges from diff county.

And i had probation violation there and i was bonded out on the new chargers

Ecleynne Mercy
Ecleynne Mercy
answered on Aug 15, 2018

They can revoke the rest of your sentence. All the time left on your sentence can be revoked for jail time. Depending on the time of charge or/and the judge you can be revoked and have to serve day for day.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I got aressted for simple family battery between me and my spouse because my parents called the cops

I Didn't hurt her I just picked her up and put her on the bed and walked away she called my parents over my parents called the cops and she tried to stop the police from aresstING me and my parents told her to stop or the police would arest her and my wife doesn't want to press charges... 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 Aug 5, 2018

Hire a criminal attorney to help you. Yes, the state can press chrages, even if she does not want to.

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2 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: SO MY CHILD FATHER GOT ARRESTED IN 2015 FOR FAMILY DOMESTIC VIOLENCE HE TOOK ANGER MANAGEMENT CLASS AND COMPLETED IT

HE WENT TO COURT LAST MONTH JUNE 2018 AND THE PROSECUTOR TOLD HIM THEY WAS OFFERING HIM 60 DAYS IN JAIL BUT WHY IS THAT WHEN HE COMPLETED THE CLASS NOW HIS FINAL TRIAL IS AUGUST 20 WHATS GOING TO HAPPEN IS HE GOING TO JAIL OR JUST HAVE TO SHOW PROOF OF THE CLASS IN GEORGIA

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jul 24, 2018

The class doesn't get rid of the charges. It usually helps mitigate a sentence, but it's not necessarily going to get rid of any jail time. Talk to a local attorney about representation. No one can predict an outcome, or even begin to, without knowing all the facts first.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: My wife got arrested for domestic violence last night. How long before I can place bail and get her out?

It is her first offense. I am the victim.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jul 20, 2018

You need to talk to the jail about that. She should have a first appearance hearing this morning, where they will likely set a bond. Her bond will likely come with the condition that she have no contact with you, which it appears you are already prepared to violate. If you want my two cents,... View More

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: I was in a domestic dispute with my kids father, I applied for georgia victims compensation.

Economic support for not being married to their dad! I thought that was what the program is for to help the victims not if their married or not. Is there anything I can do about this matter?

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jul 20, 2018

I have never heard of this program and I am completely unaware of any law permitting you to recover economically for being a victim of domestic abuse. You may want to consider a civil action to recover money damages for the abuse. This is not "economic support" and would amount to a one... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: .

Hi I was wondering if you could help my husband and I got into an argument since I had to much to drink I called the cops and told them he had hit me they arrested him and charged him with aggravated assault, but it wasn't true I said that stuff because I was drunk can I drop the charges since... View More

David Edward Boyle
David Edward Boyle
answered on Jul 17, 2018

You do not have the ability to "drop charges". You can make a statement to the District Attorney's office about what really happened. It is up to them to decide which version is the truth. I would suggest your husband hire an attorney to defend himself from these charges.

3 Answers | Asked in Divorce and Domestic Violence for Georgia on
Q: Questions about incorporating post nupt terms into divorce

I am filing divorce pro se, and cannot find how to incorporate this agreement into the divorce. The alimony is for a specified amount of money for a specified amount of time, regardless of remarriage/cohabitation status - due to his physical abuse and infidelity. All the forms I have access to... View More

Regina Irene Edwards
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answered on Jul 9, 2018

There isn't going to be a form that allows you to incorporate the post nup into the divorce filing. You have to seek to have it enforced, and he has the option to try to refute that it is unenforceable. This isn't the kind of divorce that you should try to do on your own. You should... View More

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1 Answer | Asked in Domestic Violence for Georgia on
Q: I have an issue with my girlfriend she is mad and upset with me about past things and now is trying to threaten me wit?

Yes I have done her wrong I have hurt her yes but I’ve never hit her emotionally and mentally I’ll probably have a Abuse her but that still does not give her the right to break my stuff throw my stuff out the apartment threaten to lock me out the house that we pay rent for and then put her... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 25, 2018

What is your question?

3 Answers | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: my husband has broken everything that is mine, we are in the beginning stage of filing, kicks me out of the house weekl
Kim Ebert
Kim Ebert
answered on Jun 25, 2018

I'm not sure what you are asking? Are there children? Is the house his, pre-marital? At any rate, please consult with an experienced family law attorney to discuss your options.

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2 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Can dfacs in Rome GA take my children for alligations? And, they didn't investigate first. For drug abuse and FV?

They didn't offer a drug test first before they took my kids. And for the family violence which neither me nor my husband have a background of family violence?

Kim Ebert
Kim Ebert
answered on Jun 17, 2018

The State may always remove a child from the custody of any parent when, following a preliminary investigation their is some evidence of neglect or danger to the child. Whether or not parents have a background of violence may or may not be relevant to an allegation of current family violence. You... View More

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1 Answer | Asked in Domestic Violence for Georgia on
Q: So, if i can't get another court date to get the tpo reversed, what can i do? Are there any other options?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 15, 2018

Please note, if this is a follow up to a previous question posted on this board the attorneys on this board cannot see who is asking the question, so we have no idea what your previous question was. If a TPO was issued against you, you likely have very little ability to get it reversed at this... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: I missed my court date for a temp restraining order & was given a 12 month tpo. Is there anyway to get a new court date?

I missed because I had the wrong dates for another order. I was falsely accused. Took off work but had the wrong date for the wrong appearance.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 14, 2018

Not likely. If you can show your notice has the wrong date, you may be able to make a motion for new trial.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Will an employer find out about a past domestic violence conviction?
P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 14, 2018

If it was a conviction, yes.

3 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: How long can a person be detained in jail without being convicted of a crime? It's been 8mon for my friend .

He's currently in there based on a statement given . In the statement the person said he had a gun so he's been charged with possession of a firearm but when they searched him they didn't find a fire arm but he's still being charged with possession.

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on May 31, 2018

Does he not have a bond? What about a lawyer? 8 months is a long time, but it does happen.

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: If a person w/ court ordered perm. restraining order violates it by contact with person putting family at risk

What can i do legally to protect my family.

P. Justin Thrailkill
P. Justin Thrailkill
answered on May 31, 2018

I'm confused. Are you talking about the protected party (Petitioner) or the party who is restrained (Respondent)? Please clarify your question and post again.

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2 Answers | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Georgia on
Q: If my fiance broke up with me, packed up stuff for her and our 2 children and then takes off for 3 weeks

And refuses every opportunity that she is given to get her stuf. Are her and her boyfriend legally allowed to acquire a key from someone who doesnt live there so that they can return to said residence and take "her" stuff while no one else is there? Barrow county Georgia

Gary Kollin
Gary Kollin
answered on May 30, 2018

How about changing the locks as the first step?

You will have to do it eentually.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: how do I get restitution that is owed to me? defendant has not been paying for a long time

the incedent happened in 2013 and the defendant has not come close to paying what is owed. i have called his probation officer, the courthouse, and the department of corrections and no one will help me.

David S West
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David S West
answered on May 25, 2018

I would recommend you contact the District attorney in the county where the person was sentenced. They usually have a victim-witness unit who can assist you with your restitution situation. If it’s a smaller office, check with the District Attorney themself. That is part of their job. An attorney... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Georgia on
Q: I placed a restraining order on a young lady, and she came back and told them I was stalking her. They arrested me & I

was given 1st offenders because I took a plea deal after I was told I would sit in jail until court because there is no bail for this. It was 3 counts total: Harass Tele Call, Bodily Harm, and stalking. They NEVER paid attention to my restraining order and this is stopping me 11 years later from... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on May 18, 2018

You can apply for a pardon. You have to show the governor that you've lived a crime free life and you have to get letters demonstrating the hardship the conviction is creating. Pardons are not guaranteed, but this may be your best shot at this point. Talk to a local attorney about assisting... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: When you are charged and arrested for simple battery family violence, how long until the offense shows up on a docket?

Can the charges be dropped?

David Edward Boyle
David Edward Boyle
answered on May 11, 2018

It will depend on the jurisdiction, in Gwinnett County for example it will take about 3-4 months before a court date is set. In other counties it could be faster and some places it might take a year. I would encourage you to hire an attorney so that someone can advocate for the accused to try to... View More

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