Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I press charges on boyfriend if it's been a week since he cut me? But I told the hospital I did it cooking
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2017

Yes, the case can be reported to the DA, but I'd do this with guidance and oversight from a public defender or private criminal defense lawyer. This is because LATE reporting is always suspected as being false or retaliatory. Plus, if you received public funding for medical treatment, lying... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Georgia on
Q: Can a person get arrested for making false claims about child abuse?

A friend of mine has full custody of his children. His ex constantly calls the Department of Family and Children Services and the police and makes claims that the children are being physically and sexually assaulted. The ex has not visited the children for more than 6 months but calls the two... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2017

It sounds like a crime, and possibly is a crime. Various statutes control such harassing behavior, even if it is being done to another party. If you have a criminal defense lawyer, ask him or her about whether the attorney will assist you in presenting this set of facts to the District Attorney for... View More

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Can the victim drop a family violence charge?
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 26, 2017

Once the state has initiated charges, the victim has no absolute right to drop the charges, as they are not the victim's to drop. Any dismissal must be issued by the prosecutor at that point.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: Hello, I was wonder if a wife can take out a retraining order on another woman to stay away from her husband?

Even though the husband does not want a restraining order.

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 11, 2017

If the Husband does not want the protective order, the Court will not order the party to stay away from the Husband. He will need to file the order to obtain a protective order against the other woman on his own behalf, unless he is not mentally capable of filing on his own.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: I need advice on how to file against parental alienation
Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on Jun 1, 2017

Proving parental alienation can be complex. You should consult with an experienced family law attorney to discuss the specifics of your case.

1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: I am involved in a domestic abuse marriage and I need a lawyer to help me file for divorce

I can't afford a lawyer at this time.

Kelly Case
Kelly Case
answered on May 25, 2017

Not sure what your questions is, but if you cannot afford a lawyer and you want to get divorced you are out of luck. There are no free lawyers just like there are no free doctors, free meals or free cars. If you need a lawyer, save money, get a loan, sell items, or do whatever it takes to hire a... View More

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: can I modify a tpo

I want to modify a tpo so my wife can see my kids but I want it to where she cant have anyone around them. certain people. she is around meth dealers and users and lives with a meth dealer and user, what do I do to ensure she cant have my kids around anyone

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
answered on May 24, 2017

You can request that the court only order supervised visitation that can either be supervised by you, an agency or someone that you approve of.

1 Answer | Asked in Consumer Law, Family Law and Domestic Violence for Georgia on
Q: how do i drop a tpo with stipulations added to it to drop it

i want it dropped against my soon to be ex wife but i dont want the drug addicts around my children how do i drop it and add the stipulations

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2017

You cannot drop a TPO and then add any stipulations. Any stipulations have to be contained within a court order. If you dismiss the case, no stipulations will exist. If you have filed for divorce, you can ask the divorce judge to enter a parenting plan that has the stipulations you want, but you... View More

2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for Georgia on
Q: For how many years does a DUI and a domestic violence charge stay on your record ?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2017

Forever, for DUI. It may be possible, depending on the terms of the domestic violence case disposition, that it may be subject to record restriction, but from your description, it is not possible to assess this. It would depend on the exact manner the case was resolved.

Suggest you see a...
View More

View More Answers

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Georgia on
Q: Is the stepchild who is an adult, of the petitioner considered an immediate family member?

I am the respondent of a stalking 12-month protective order. My wife is the stepchild and my brother-in-law is the stepchild of the petitioner. Does that mean I cannot see my wife and brother-in-law?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2017

The protective order names the protected parties. If the relatives are not named as protected parties, then the restraining order does not apply to them.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: Can me and my girl friend go under common law marriage in ga if we been there five years and have a child together
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2017

No, common law marriage was abolished in Georgia in 1997.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Q: can a second party call in a domestic violence case and press charges when she didnt have anything to do with the issue?

my fiance hit me out of anger and his mother wants to press charges, can she when I dont want to press charges? I am just curious. She didnt see it though.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2017

Yes, anybody is allowed to report a crime that they witnessed. It is not OK for your fiance to hit you. Ever. There may be some domestic violence programs in your area to help you get counseling and assistance with this.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: My ex-wife put a tpo for 6 months on me. She came to my house last night saying she cant take it anymore if we can talk.

What steps can i take from here what are my options. I want nothing to do with this person she took the tpo on me out of spite. I recorded last nights indecente. I even asked her to leave and she wouldnt she just kept talking.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2017

You can't do anything. You are in violation of the order by speaking to her. If she comes to your house again, call the police and say that you have a TPO and you don't want to get in trouble by her being there.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for Georgia on
Q: Verbal abuse

For many years my father has verbally abused my mother and I and would threaten to drop any financial support for school, healthcare, etc. Is it wrong to be verbally abused and threatened?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2017

Of course it is wrong. If she is being abused, she needs to call the police and / or file for divorce.

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Georgia on
Q: With an uncontested divorce(hopefully) can I set a child support amount without going into front of a judge*
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2017

If the divorce is uncontested, you can set the child support amount. However, some judges require parties with children to go before the judge to get the divorce. You will need a child support worksheet, child support addendum, decree, complaint, Acknowledgement, parenting plan, settlement... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Georgia on
Q: How can i get a divorce without my abusive husband signing the papers

If my husband is abusive with me and has a simple battery charge and an aggravated assault charge and he will not sign the papers how can i get a divorce please help

Paula J. Mcgill
Paula J. Mcgill
answered on Dec 19, 2016

If you cannot afford an attorney, call the county bar association in your county to see if there are local pro bono referrals.

If you don't qualify for a pro bono attorney, there may be county specific divorce forms you can complete so you can start the process. You don't need...
View More

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: In Georgia, if one parent calls another parent (bad words) in front of their children, would it be consider abuse?

What is the difference between mental cruelty and no-fault regarding grounds for divorce, how they affect settlement?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2016

While it's not a good thing, it's not abuse. 99% of divorces are granted on a no fault ground, so it's often a waste of time to file on other grounds like mental cruelty. I almost never state a ground other than a no fault ground, because all judges just grant the divorce on that basis.

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: Would a TOP towards me will keep my son from moving with me? he turns 14 and fill a affidavit of selection.

I have been attending a family violence classes even if there was not any violence involve.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2016

It is possible that a TPO could prevent your son from living with you. When there is a finding of family violence, there is a higher standard that has to be met in order for the judge to overlook that and to honor the child's election.

1 Answer | Asked in Domestic Violence for Georgia on
Q: If my wife claims abuse and I have left town what happens
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

If you fail to show up at the hearing, the judge will probably believe your wife, rule that you abused her, and issue an order of protection. Talk to an attorney.

1 Answer | Asked in Domestic Violence for Georgia on
Q: My ex has a no contact order and he keeps violating it but I have spoken back can I get in trouble as well. Georgia.
Beverly L. Cohen
Beverly L. Cohen
answered on Jun 21, 2013

If the order is against your ex, he is the only person who can violate the order. You cannot violate the order because it does not prevent you from contacting him.

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.