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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: In Georgia how close to my child's 18th birthday can I file an action regarding Parental alienation?

There has been a sudden change of behavior and fear in my child's voice. She is about to turn 18. He has always broken the cardinal rule of never giving adult problems to a child. I have not filed action regarding it in order to not make it worse for her, as she is forced by the courts to... View More

Regina Irene Edwards
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answered on Nov 5, 2017

Any action regarding parenting time would be moot after a child turns 18.

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Bf got charged for battery first offense family violence in Georgia he has no prior record. We reside in Tennessee.

we need help in getting dismissed if possible. Police didn't believe my story and charged him. This happened in Gwinnett county

Regina Irene Edwards
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answered on Oct 31, 2017

You need to find a criminal attorney.

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Can my bf be charged with family violence?

My bf [age 29] and his father got into a physical fight. My bf left but his dad's girlfriend called the police. His dad is saying he didn't press charges but the police did.

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 29, 2017

Depending on what his father told the police, he may be charged with a crime. Even if his father expressed that he does not want to press charges, if the allegations amount to the elements of a crime, the police can still issue a warrant for your boyfriend's arrest.

2 Answers | Asked in Divorce and Domestic Violence for Georgia on
Q: If one party doesn't agree with uncontested divorce and there's been domestic abuse, could I still get the divorce?

Are there no programs in Georgia to help with the cost of a contested divorce for women with prior domestic abuse charges filed to the husband.

Robbie Levin
Robbie Levin
answered on Oct 19, 2017

Yes, it would just be a contested divorce.

For more info, visit my website at www.LevinLawyerGa.com

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I had a TPO out on the mother. The TPO was granted but I missed my court date and they dismissed it What should I do?

She attempted suicide and left the kids at school while also on drugs and not having the basic necessities she was admitted to The Bradley Center for a week

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 4, 2017

You will need to re-file the TPO and consider filing a petition for custody if she is a danger to the children.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Was I required to pay child support during the TPO?

Had a child custody visitation order in place then mother does false allegations and takes out of TPO we never step foot in a courtroom for the TPO over the past year-and-a-half and has recently been dismissed and there was no notification to either party I was at the courthouse and pulled the... View More

Regina Irene Edwards
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answered on Sep 19, 2017

You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.

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...
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1 Answer | Asked in Child Custody and Domestic Violence for Georgia on
Q: How can we obtain legal custody of legitimized kids involved in domestic violence?

My husband and I currently have his two legitimized kids living with us. The biological mom left them with us but wants to them back. The mothers is in a abusive relationship and the kids have been witness to this. The children are afraid and do not want to return, The boyfriend has a criminal... View More

Regina Irene Edwards
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answered on Sep 4, 2017

You will need to consult with an experienced family law attorney. No one can advise you on the possible outcome of your particular case without reviewing what was ordered previously, hearing your story, knowing the county, judge assigned, etc. This forum is best for general questions.

An...
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1 Answer | Asked in Civil Rights and Domestic Violence for Georgia on
Q: If someone files for a TPO against an individual (yet to be served), but the plaintiff continues to carry on a relation-

ship with the accused, and theres irrefutable proof of the contact, along with footage of illegal activities (drug use), can the TPO be dropped? possible infractions against the originial plaintiff? This inquiry is intended to be recievced as a hypothetical.

William C. Head
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answered on Aug 13, 2017

Hypothetical is good, since the situation makes no sense. Getting proof of the active participation and INSTIGATION of the person who swore out TPO will be of value, but once served, no further contact, until and unless the TPO is lifted.

Get a lawyer to assist on that, or just STAY AWAY.

1 Answer | Asked in Domestic Violence for Georgia on
Q: The father of my child assaulted me. I called the police and he told me if I filed family violence he woukd have to call

Dfcs and they could take my child from me. He suggested he lress charges for simple battery instead and it would keep my child out of it. Is there any way to change it from simple battery to family violence? Our 7 month old recently also came home with a hand print on him and it took two days to go... View More

William C. Head
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answered on Aug 9, 2017

The overall behavior that you are describing is that of an abuser. You need to get a local lawyer to assist you in getting court orders in place that he only have supervised visitation, no contact, etc. This won't stop by cowering to this dangerous bully's threats.

Start your...
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1 Answer | Asked in Domestic Violence and Employment Law for Georgia on
Q: My family and my in-laws have a volatile relationship that has ended in us asking for no contact with them.

They continued to harass my wife and we told them the next step is a restraining order. My father in law both work for a county in GA I was threatened today at work that if this continues I could lose my job. Is that legal?

William C. Head
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answered on Aug 8, 2017

Start recording any conversations or communications, from or related to these folks. You asking for no contact is not the same as a Judge ordering it. Did you put the request in writing and send it to each one? Are you sure they received it?

By downloading an app, your cell phone can record...
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1 Answer | Asked in Domestic Violence, Elder Law and Landlord - Tenant for Georgia on
Q: How long do I have to report vandalism? I was hoping the person that did it would make things right & it's my brother.

He has anger problem & now he just gave me 7 days to get out of house that I'm the only one living there. I am w/o job now & social security owes me back to April & i have not seen a penny of it. I'm frightened because of other circumstances & an EX convict involved.

William C. Head
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answered on Aug 7, 2017

By waiting, you will not look like you are retaliating. A good defense lawyer will point that out. Will say that you only filed it, in an attempt to collect a debt.

Plus, whatever he vandalized likely has its own story. Think of the long term effect of pressing charges against a family member

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Georgia on
Q: Ex boyfriend moved his someone into the apartment thats in my name and his what can i do to maKe her & her kids leave

On the 15 of july him and i got into an altercation and the state is now coming after him for assault and sexually battery charges against him and im the victim. I have stayed in the apartment for the past 2 weeks bc i fear for my safety. However he refuses to let me take my name off the lease...

William C. Head
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answered on Aug 6, 2017

If it is in his name, too. You can do nothing to evict him. Assuming he pays the rent, why is this a problem, since you are living elsewhere?

To do anything about getting him OUT of the apartment, and you back in it (with him being excluded) you will need a court order. Hire a lawyer for...
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1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Georgia on
Q: If am asked to leave my home by law enforcement to avoid confrontation. Can I go back get my things and when?

I've lived here for 6 months with her and have bills in my name and my child lives there. We have been together 4 yrs.

William C. Head
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answered on Aug 4, 2017

If you are going back, contact the same law enforcement agency, and ask for an officer to escort you for the sole purpose of getting your belongings. They can then call your spouse, to arrange the time, etc.

1 Answer | Asked in Domestic Violence for Georgia on
Q: my wife was arrested last night for battery family violence (1st time offense) misdemeanor. What should she plea?

She is being held for two nights in Fulton County jail, and will be before judge tomorrow morning.

William C. Head
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answered on Aug 4, 2017

Not guilty and ask for bond to be set. Then see an attorney.

1 Answer | Asked in Domestic Violence and Libel & Slander for Georgia on
Q: I have an ex boyfriend who claims I have him an std but I don't have it and claims he is going to police what do I do?

He has been claiming this for at least a month now he was in another state and came back to GA he has contacted my family on social media claiming to be my fiancé we have never been engaged nor are we together I tried to defuse the situation by talking to him in person and which didn't end... View More

William C. Head
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answered on Aug 4, 2017

Tell him, in email and text to not contact you further. Then, block his number on your phone.

Then, record any and all communications after that, for police to see later.

Monitor any social media. If he makes false claims about STD, you can sue him.

Follow up with police on...
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1 Answer | Asked in Child Custody and Domestic Violence for Georgia on
Q: Can I move out of the state with my children before filing for divorce from their abusive father?

I left him for the last time 3 weeks ago. He was arrested in January on a DV charge, a misdemeanor and 2 felony possession charges. I had a no contact order but agreed to have it lifted because he promised to change, but nothing has changed and he's been engaging in reckless and irresponsible... View More

William C. Head
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answered on Aug 4, 2017

Contact a domestic attorney. Reinstitute the no contact FIRST. Talk to him or her about divorce paperwork, too, unless some reason for NOT getting rid of this useless human from all of your lives. This may be filed later, just before you leave town (hopefully when he is fored to get out or go to... View More

1 Answer | Asked in Family Law, Criminal Law, Domestic Violence and Juvenile Law for Georgia on
Q: Legally what can you do to your 17 year old son if he keeps threatening to hit you
William C. Head
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answered on Jul 28, 2017

First of all, start recording the encounters with him, with some type of device. This is good evidence when he denies the threats later. In GA, only one party to the recording needs to know a device was being used, by the way.

If he has no other place to live, then you need to advise him,...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: Once a police report is made for domestic violence, is it up to victim whether charges are pressed or is it up to the DA

My daughter was the victim of domestic violence. She made a police report but like a lot of victims of domestic violence, she is now worried she's going to get her boyfriend and will most likely change her mind about pressing charges. So, my question is, in the state if GA, is it up to her to... View More

Olga Izmaylova
Olga Izmaylova
answered on Jul 26, 2017

Once the State gets involved in prosecuting the case, it is up to the State whether to proceed with the charges. However, usually, the prosecutor will take the victim's position regarding further prosecution into account when deciding whether to proceed with the case.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Will avoiding the detectives make them drop the case?

I reported my boyfriend for choking me. I didn't have any bruises or scratches on my neck but they did take pictures. They informed me that a detective would have to come out in a couple days to tall to me before a warrant is taken out. I didn't write a statement and I wanted to know if I... View More

William C. Head
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answered on Jul 24, 2017

It is no longer your final decision, about whether charges are brought. The report, and subsequent investigation can support the charge. The police will need you for the prosecution, but if you fail to obey a subpoena, you can be held in contempt of court. Plus, you cannot remain silent, once on... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: Is a fight with the parent of your child considered domestic violence
William C. Head
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answered on Jul 24, 2017

Yes. If done in the child's presence or observation (e.g., hearing it, seeing it), then you can face domestic charges.

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