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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does the solicitor general have the power to change/add charges? Up them from misdemeanor to felony?

I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to... View More

Glenn T. Stern
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answered on Sep 9, 2023

The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.

Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The...
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1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How can I get an inmate a bond in fannin co ga?

My fiance is locked up in fannin county jail. They will not give him a bond

Joshua Schiffer
Joshua Schiffer
answered on Sep 5, 2023

It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: GA Code § 17-6-1 f(2) How did someone charged with FV bond out without appearing in front of judge? No stipulations?

Convicted of FV Battery 2016

Charged FV Battery 2018- bonded out without appearing in front of superior court judge, no orders put in place to protect victim

Charged FV Simple Battery 2021- same instance as 2018.

(All same victim)

The offender is also on felony... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 31, 2023

I would love the answer to make sense, but it wont.

Bonding procedures in Georgia are downright arbitrary, and it seems that the most innocent folks are always being overdetained while the bad folks get cut loose without a care in the world. Its infuriating!!

Have you or the...
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3 Answers | Asked in Family Law, Domestic Violence and Medical Malpractice for Georgia on
Q: WHERE CAN I FOUND A PRIVATE PRO BONO LAWYER IN GA
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

Most private attorneys who do pro bono work do so through legal aid clinics or organizations. Legal aid normally screens applicants seeking legal services before they can see an attorney volunteer to determine whether the applicant has a bona fide legal issue that can be addressed by a lawyer,... View More

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3 Answers | Asked in Family Law, Domestic Violence and Medical Malpractice for Georgia on
Q: WHERE CAN I FOUND A PRIVATE PRO BONO LAWYER IN GA
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

Lawyers are not "pro bono" lawyers because no one could work for free all the time and pay their own expenses. There are attorneys who do some pro bono work. I would suggest contacting a local legal aide if you're looking for a place to get free legal assistance.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Does my cousin have a chance of having a judge lessen his sentence if he has been diagnosed with cancer?

His major defense is kidnapping but he has served 12 yrs and his max out is in 2072! I don’t think he deserves that much time and to die in prison! Is there anything I can do to help him get his sentence reduced?

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Compassionate Release is the pathway you are looking for, and there are several fine appellate practitioners who can assist. Spend some time on a search engine researching the best advocates and I encourage you to speak with several of them. Post Conviction work is very speculative, but is likely... View More

2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Joshua Schiffer
Joshua Schiffer
answered on Aug 13, 2023

Law enforcement remains the most clear remedy for her danger, and if a child is involved then Law Enforcement may need additional advocacy in order to understand the specific dangers involved. DFCS and other agencies may assist family and concerned citizens when a child is being exposed to... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Georgia on
Q: What to do if my sister is in an abusive marriage but he won’t let her leave the house with her 1st baby (1 yr old).

She is pregnant with a 2nd child and he abuses her emotion and possibly physically. The police won’t help but I fear for her safety. He is illegally here in the states with a fake birthday and fake verification. But he won’t let her take her baby out the house. I’m just a relative and I want... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 17, 2023

I'm not sure how police can't help if she is being held against her will. She can call the police and they can assist her in leaving the residence. They will also likely arrest him if he is physically abusing her. She can also see a restraining order against him. She can file for a... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My daughter has lied on me I was locked up 12 days got bond out by her boyfriend whom hit me in my face 4 times and he w

He also is tbe one whom put marks on my daughter she has turned in me saying I did it now I gave a trial in a week no lawyer I fired him due to confluct if interest

Joshua Schiffer
Joshua Schiffer
answered on Aug 9, 2023

Unfortunately you are going to need to find a lawyer as soon as possible as that is the best way to ensure your rights are preserved. Was the lawyer you fired a Public Defender? If not you can try to apply for counsel from the court but if you fired them it gets a bit harder. DO NOT expect the... View More

1 Answer | Asked in Domestic Violence, Family Law, Criminal Law and Divorce for Georgia on
Q: 16-5-23 Was charged for simple battery -family violence 16-7-23 damage 2nd private property

I don’t understand how it’s saying private property when I was living at the home with my husband?

Joshua Schiffer
Joshua Schiffer
answered on Aug 8, 2023

The property involved was owned by and individual and not the State, that is what they mean.

Basically whatever was allegedly damages was someones possession and not a cop car or other publicly owned property.

I am betting a cell phone or something in the house was allegedly...
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2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: I believe my ex may have gotten a TPO but I haven’t been served. Can I be arrested for calling her if I didn’t know

I was unaware of the TPO but the sherif showed up at my home while I was at work and apparently had riot shields and guns drawn which seems like a lot to just serve a TPO. They didn’t enter my home or leave any paperwork.

Joshua Schiffer
Joshua Schiffer
answered on Aug 7, 2023

I tend to agree with my colleague above. If there is a question as whether someone tried to use State Power to control your behavior, I stay away.

Fighting service is generally not a great idea, although if they do not serve you within a period of time the application can become stale and...
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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Can I file an emergency TPO myself or is only an attorney able to do that?
T. Augustus Claus
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answered on Aug 4, 2023

In Georgia, individuals can typically file for a Temporary Protective Order (TPO) without an attorney. You can go to the appropriate courthouse and request the necessary paperwork to file for a TPO. Court personnel may be available to guide you through the process and provide information on the... View More

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3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Can I file an emergency TPO myself or is only an attorney able to do that?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

You have the right to represent yourself in any court of law. Yet, I wouldn't advise it. Speak with an attorney to determine the best course of action before you file anything. Because if you file for the protective order yourself, a court date could be set very quickly, which might not be... View More

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: A TPO was filed on me with false allegations. I am in fear of my safety and have witnessed this person be violent.

What are my options?

Todd B. Kotler
Todd B. Kotler
answered on Aug 4, 2023

You need to do three things:

1) Hire a lawyer who practices family relations and criminal law in the county with jurisdiction over this matter (this forum is for general information and no substitute for experienced counsel).

2) Fight the TPO case against you.

3) File for a...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: A TPO was filed on me with false allegations. I am in fear of my safety and have witnessed this person be violent.

What are my options?

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 7, 2023

If there is a protective order for you not to be near someone, if that is the same person you are in fear of, then that also keeps them from being around you. Also, if the protective order is only temporary, you can still take an attorney with you to court. But if it has become final, there is... View More

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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: Restraining order against my kids mother

My childrens mother found out my new address by manipulating my daughter, she keep showing up at my house with excuses of bringing stuff for the kids. 4 years ago she put sugar in my gas tank and stabbed my fiancé’s tires in the middle of the night, stole my mail with passports and socials, and... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 3, 2023

Advise her in writing not to come to your home again uninvited. Arrange a meeting location that is not your home address for visitation exchanges. If she continues to come to your home after you have advised her not to, you can contact the police to seek a trespass warrant. What you are... View More

3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 25, 2023

You really need to hire local counsel. That being said, if you must file for divorce without counsel, file for temporary orders and seek a mutual restraining order (or whatever GA's equivalent is) preventing either of you from liquidating assets or incurring debt in each other's name... View More

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3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 26, 2023

Any debts either of you incur prior to a final hearing in a divorce the Court will determine how they are to be paid, if you all don't come to an agreement. Therefore, you will not automatically be liable for his debts and expenses. But there is nothing you can file to keep him from entering... View More

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3 Answers | Asked in Family Law, Domestic Violence and Divorce for Georgia on
Q: 1. My husband and I are separating. Is there a legal form to file that will protect me against any debt he accrues?

He is verbally and physically abusive and has been threatening to kill me. We recently lost our home to foreclosure. In an attempt to save our home a property that we owned through a 501 c 3 of which we are both officers was sold. The attempt was unsuccessful. We verbally agreed to split the... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Jul 24, 2023

You need to consult with a tax attorney or cpa regarding the tax liability from the sale. Unfortunately, there is no legal separation in the state of Georgia. You are legally married until you are not. If you are concerned that he will incur debts in your name during the separation, you need to... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I get a warrant dropped for harassing communications if I've spent weeks with the person that filed it

An ex-girlfriend is a lawyer and she had filed a police report for harassing communications against me which resulted in a warrant for my arrest period since the warrant was issued I've spent a few weeks with the ex-girlfriend. Is there a grounds to get the warrant dropped?

T. Augustus Claus
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answered on Jul 10, 2023

The decision to drop a warrant for harassing communications would typically be up to the prosecuting attorney or the judge handling the case. Spending time with the person who filed the complaint may be a factor that could potentially influence their decision, but it does not guarantee that the... View More

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