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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Georgia on
Q: Can you use reactive abuse as a defense against domestic violence charges in ga

My husband was in control of everything I trusted him

When I asked to be respected he turned on me planed his attack and stripped me of everything claiming I abused him and I don’t know what to do to fight this because he’s seen as a victim and I am abuser with no give from the law in... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Mar 5, 2018

You need to retain counsel to deal with this. If the TPO has already been issed, there isn't much you can do at this point. If this is in the context of a divorce, there may be something you can do.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: My kids father beat his wife in front of my kids. And he also got caught shop lifting can I get full custody?
Ellaretha Coleman
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Ellaretha Coleman
answered on Mar 4, 2018

Domestic violence is certainly an issue that the court will consider in determining custody. You should consult with an experienced family law attorney to discuss your options.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If i didnt get served a subpoena but was suppose to be served will i get in trouble? Im the victim of a simple battery
Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Feb 27, 2018

Get in trouble for what? You can't obey a subpoena that you haven't been served with.

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2 Answers | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Georgia on
Q: My son ranaway from his moms house because she beats him with a cable and other things what can i do now?

Ive been separated for two years ever since i left my ex mistreats our children. She hits them with cables till their backs are red and slaps them. She makes them do everything for her. They say she never buys them food or anything. I buy everything from clothes to everything else besides... 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 Feb 20, 2018

You can file for custody.

_____________________________________________________

Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2018....
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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Georgia on
Q: Can dfcs remove children from a home without a court order?

Children were removed from my home by dfcs. Mother claims dfcs threatened to put children in foster care if she didnt leave the home WITH the kids because of a domestic situation between her and i. Is this legal? What should i expect to happen next? How do i get my kids back?

Regina Irene Edwards
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answered on Feb 12, 2018

DFCS can remove the children without a court order. You need to hire an attorney to discuss your rights and options.

_____________________________________________________

Regina I. Edwards is the Owner of Edwards Family Law.

Ms. Edwards has been practicing law since 2001....
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1 Answer | Asked in Domestic Violence for Georgia on
Q: I was ordered to FVIP classes after having a TPO in Georgia put on me. The order ends on May 1 2018. I did half of the

Classes. Will I still have to finish them after May 1??

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 11, 2018

Yes, or you could be held in contempt of court.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Associate had me arrested for dom. violence in my apt but still resides at apt. Can i have them removed? Not on lease.

She isn't on lease nor named as an occupant but bond says I can not go near her or talk to her and I would like to live back in my home.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 8, 2018

Talk to a local attorney and show them your bond conditions, but it sounds like the most appropriate course of action would be to file eviction papers. Talk to a local attorney to assist you.

2 Answers | Asked in Family Law, Child Custody, Criminal Law and Domestic Violence for Georgia on
Q: My daughter's friend is being abused by her grandmother, her guardian. What can I do to help?

I really want to help this young lady out, before something potentially bad happens to her. I have seen the abuse first hand and DFCS won't even contact me! Please help! DFCS was called again this evening on the grandmother for not only physical, but verbal abuse. The case worker just took the... View More

Kim Ebert
Kim Ebert
answered on Feb 7, 2018

If the DFCS Case Manager stated that she will be placed in foster care that means there will be a dependency hearing. The reason DFCS will not speak to you, except in an investigatory capacity, is because by statute you do not currently possess the legal right to take this child into your care.... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I'm married but separated can my husband show up with the police and take my kids? Do I have to let him take them?

He's been charged for domestic violence and has basically abandoned them until now.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 5, 2018

You need to hire an attorney and file for divorce. If he's been charged with domestic violence, it is quite possible that he has a bond condition that would prevent him from coming to your door or contacting you period. That said, don't chance it. The police are great, but they are not... View More

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1 Answer | Asked in Domestic Violence for Georgia on
Q: What form do I fill out to take to court when a violation of TPO has occurred?

I have a 12 month TPO against my wife and she keeps skirting the edge of violating it and I intend to pursue the violation of it, yet I'm unsure of what form to fill out to bring to superior court on the matter. The court says they don't provide this form and I do not have the money for a lawyer.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Feb 2, 2018

Couldn't tell you. Attorneys don't use forms, so we wouldn't know. Try the local family law clinic if they have one. Fulton and Gwinnett have good forms from what I've heard.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: What's the charges for beating up or hitting a pregnant women?
Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 30, 2018

There could be many - aggravated assault, aggravated battery, simple battery, plus several more. Why do you ask?

1 Answer | Asked in Domestic Violence, Criminal Law and Landlord - Tenant for Georgia on
Q: My ex girlfriend and her sister burned all my belongings, and my kids stuff to. What can I do?

I was co owner of house where we lived. I paid the bills. But I couldn't prove anything because everything was in house they wouldn't let me get anything. No eviction was served what can i do legally

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

Call the police and make a report. You could sue them also to recover the value of your property. All this applies if you did not abandon your property at the house. Talk to a local attorney to discuss this in more detail.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Is there a way to get a first offense misdemeanor removed from your record? I have no history of violence or crime?

I was charged with simple battery for attempting to grab my wife's cell phone out of her hand. She claimed I twisted her arm while doing so. I have no history of any kind of violent behavior and have never been in trouble with the law. I was cooperative with the arrest and was not disruptive... View More

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Jan 22, 2018

You need to borrow money to hire an attorney or use the public defender's office. Doing it yourself is not a good idea.

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: If I am a 16 year old male and I’m on probation and I hit my sister who’s 13 after she hits me first will I go to jail?

I’m a 16 year old male and I’m on probation for being with people who stole from a store. My sister is 13 and a few days ago, she was messing with me and she slapped me on the face and then kicked me in my private parts and out of reaction I hit her on the cheek. It left a small bruise. If my... View More

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

I'd need more information to be able to advise you appropriately. You need to schedule an appointment to meet with an attorney and bring you probation order.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Accused of demestic voilence no pysical evidence .

Accuser brought police back home i denied access the entered forcefully asking about weed while searching he found taser i was charged with theft by receiving

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

Talk to a local attorney about your defense. You'll need to provide more information than you've provided here.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Is there a statue of limitations on FVA in Ga (first offense.)

this occurred in Sept 2015, and we do not have a court date still.

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jan 16, 2018

If something has been filed, you don't need to worry about the statute of limitations. The statute of limitations is two years for a misdemeanor and four years for a felony, but this shouldn't be a concern if the action has already been filed. Sometimes things just take a long time to... View More

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: What can an adult sibling do if they suspect abuse on younger brother by stepdad?

My step daughter is 21 years old and lives at her own residence. Her 12 year old brother lives with their mother and their stepdad has recently grab him and slung him around to the point that it left marks on his arm. The teachers at his school seen it and sent him to the nurse who sent him to a... View More

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jan 16, 2018

Call the local authorities. Contact DFCS in the county where they reside and tell them what you know.

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: I am a domestic violence victum with three kids, father is in the ga fatherhood program why isn't he made to pay?

He paid 2 months that's all. I have a child that is newly diagnosed with asmtha and the other two on meds for adhd and ptsd. I need the support but seems like it's such a hassle. Child support enforcement just blows me off saying hes in the fatherhood program. How can I get help

Ellaretha Coleman
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Ellaretha Coleman
answered on Jan 8, 2018

If there is an existing final order of child support, you can file a petition for contempt in superior court to enforce the order.

1 Answer | Asked in Domestic Violence, Family Law, Animal / Dog Law and Landlord - Tenant for Georgia on
Q: Can my step dad kick my young child and I out without any notice prior to vacate?

We've been here less than 3 months, he said we could stay until I got accepted or denied for a loan towards my own home purchase. He's constantly a different man and changing his mind about things. Now, less than 15 days from Christmas he wants us to move out knowing I'm low income... View More

Stephanie E. Emanuel
Stephanie E. Emanuel
answered on Dec 10, 2017

Well, you can certainly contact a lawyer for a free consultation to discuss your situation and see what answers they give you. While you are staying at his place you should find other accommodations. I am limited to what I can answer in a public forum, which is why I am telling you to contact a... View More

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