Get free answers to your Domestic Violence legal questions from lawyers in your area.
My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More 
answered on Nov 16, 2023
If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More
The defendant (who has control of assets) is being represented by a GA legislator who has delayed this action for 3.5 - 4 years using his inability to work on divorce action because of his legislative duties each year.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024
There is no such thing as a right to a speedy trial in a divorce case. You can just ask the court to set the case during a time the legislature is not in session.
I've been cyber harassed fir for over a year now. They can forward my calls to them. Alter Google searches. Change feed on any website like Google discovery, youtube, music, etc. They listen thru phone and make fun of me.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024
In Georgia, you do not have any expectation of privacy from the person you are speaking to on a telephone. That means that if that person wanted to tell someone else what you said, or even record the call, it would be legal in this state and probably admissible in court.
case # begins PRE- open(pending) Would it be listed as prefile?
answered on Oct 13, 2024
All depends on the jurisdiction, as the registry entries are different from circuit to circuit, and even sometimes clerk to clerk.
The best way is to verify specifically with the clerk in writing. EVERYTHING needs to be in writing if at all possible.
My husband's ex wife filed a stalking complaint against me. She was granted a tpo.
This was filed on 5/14/2024. My hearing isn't until 6/20/2024. I have filed a motion to dismiss on the grounds that I am not receiving a full hearing within 30 days. The judge's assistant... View More
answered on Jun 14, 2024
If a judge says you have to appear then you have to appear. And I believe your motion to dismiss is going to be denied as well.
Defendant is being prosecuted on 4 charges. One being a FV charge where I am victim. There was no stay away order or no contact order established upon bail. He has since moved to another county and I do not have the means to travel 3 hours away to request protection. Can the solicitor general... View More
answered on Dec 27, 2023
You certainly need to raise the issue with the State as they can motion for additional protections as part of the prosecution. The DA's office generally has a victim/witness advocate and they should be able to assist, as it is generally a pretty easy ask if there is justification.
answered on Dec 6, 2023
There is way too much to unpack there without details.
First of all, if anyone is under threat then law enforcement needs to be called if only to ensure safety AND create a neutral witness to any child related issue.
A lawyer will need to obtain substantial additional details... View More
ex has history of FV with a FV Battery guilty plea in 2016 & FV Simple Battery charges pending jury trial both I was victim to.
I learned of a domestic dispute during a visitation weekend. There was drinking involved while at a friends pool, my ex was yelling at g/f and her 8yo and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2023
You telling him to take you to court about parenting time is contempt. However, if the parenting plan allows for him to pick up the child from daycare on his weekends, and he has chosen not to, you may not be held in contempt. If you feel that parenting time would put your child in a dangerous... View More
Ex husband placed gun TO my forehead threaten to kill me, I was pregnant and all my children in the home I had three other children I called the sheriffs depart or 911 they came out, met with my ex-husband and said that they were not going to make an arrest on him, even though he admitted on... View More
answered on Oct 27, 2023
That is INSANE!!! I cant believe it! Is there another law enforcement agency in your county such as a local police agency?
The GBI is the next step if the locals wont do anything, thats nuts!! You may also want to call the press, but really a local lawyer should get involved at that... View More
Her bf went to her room wanted money for drugs she said no he hit her she screams for me I did not go inner room cause she always turns on me so I stayed in kids room was at bedroom door when I got hit four times in my face by her bf I scream I’m calling police she comes into her kids room... View More
answered on Oct 12, 2023
Sounds scarily and unfortunately typical. Cops are called for one thing and then it all rolls downhill as folks keep TALKING to them.
With a mess like that you need to be extra careful as aggressive prosecutors will set up the dynamic to have everyone at their mercy, and a LOCAL LAWYER... View More
I was mentally, physically and emotionally abused and cheated on from the start by my husband so I had him locked up for family violence he got out the rearrested for aggravated stalking.I have screenshots of proof but no lawyer and property taxes are behind last year and gonna be due this year and... View More
answered on Oct 6, 2023
You should consult an attorney directly. You have multiple issues that you need to discuss with someone and I don't think anyone can properly address those through this board. Further, if you currently have a divorce proceeding pending, it is important that you obtain an attorney, especially... View More
answered on Oct 2, 2023
Absolutely!!! Verbal threats are real, and can even justify criminal charges such as Terroristic Threats. It may benefit you to speak with a victim advocate or lawyer to ensure your petition has all the right claims to ensure it is properly presented, but it should be fine if the language is what... View More
Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More
answered on Sep 25, 2023
A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More
My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More
answered on Sep 24, 2023
This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.
They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.
Bite... View More
Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?
answered on Sep 20, 2023
Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More
answered on Sep 20, 2023
Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More
Victim in family violence case signed non prosecution paper due to intimidation. If 12 months has come and gone, and case was dismissed off of the dead docket can the victim request a new trial if they can prove intimidated/ continued abuse?
answered on Sep 10, 2023
No. But you should address any intimidation with the prosecutor or law enforcement
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
My fiance is locked up in fannin county jail. They will not give him a bond
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
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
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... View More
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.
