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Georgia Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: felony probation and arrested for family violence simple battery bond out and then go to jail for vop. PO took 60 days

Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

Joshua Schiffer
Joshua Schiffer
answered on Aug 30, 2024

2 for 1 on county time is 100% up to the sheriff, and they can basically do what they want within reason as Glenn said. Most counties follow the general rule and WILL NOT commit themselves to anything in writing so they can retain flexibility.

That being said, a good lawyer can ensure...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: I'm a guy. I called on my wife a couple of times. How do I get a copy of the report.

We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Georgia on
Q: can i sue my parents for trying to kick me out? im underage

i came clean about self-harming and my reasoning but because it blamed them and their actions, they made me say i did it for attention or they were kicking me out

Joshua Schiffer
Joshua Schiffer
answered on Apr 16, 2024

A suit for damages is potentially possible, but there is a lot to consider before then. I advise you call some local family lawyers to talk about Emancipation, and then you can get some guidance as to your rights as well. You can be the victim of a tortious action by your parents and accrue a... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 26, 2024

The first step is to go to a local family lawyer you have good chemistry with, as this process is going to be intimate.

There are lots of good reasons to terminate parental rights, and you need to explore all of those with a trusted professional as well as the downsides to that move. The...
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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

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2 Answers | Asked in Family Law, Civil Rights, Domestic Violence and Identity Theft for Georgia on
Q: Does anyone in the macon area provide probono help or will work anything out to help me with a wrongful dfacs case&DV
Joshua Schiffer
Joshua Schiffer
answered on Feb 15, 2024

The Public Defender will get involved if there is a criminal issue, and if DFCS is involved you need representation ASAP.

There are several churches and charities that offer some financial assistance and referrals, especially if there has been abuse involved.

Do not wait to get...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Is there any enhanced sentencing for a conviction of FV Simple Battery if offender has prior FV Battery conviction?

I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.

His sentence for the FV Battery he was 120 days jail time.

As a repeat offender I expected some sort... View More

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2024

Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.

Lots of reasons why the...
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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: So today my boyfriend and I were arguing about our 4 month old baby. It was a heated argument and the neighbor called

So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More

Joshua Schiffer
Joshua Schiffer
answered on Jan 29, 2024

I take it someone was arrested?

Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.

IF you or your BF were arrested, BE CAREFUL and get an...
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1 Answer | Asked in Domestic Violence for Georgia on
Q: My bf is being charged with battery. He had a bond. What will happen next
Joshua Schiffer
Joshua Schiffer
answered on Jan 26, 2024

The standard pathway is the same as with all criminal allegations. The state will review the reports, issue an accusation or indictment (or dismiss), and eventually the court will schedule and arraignment.

More importantly, this is the time when your BF can gain an advantage by retaining...
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1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes, White Collar Crime and Criminal Law for Georgia on
Q: I saw pattern organized crime from now ex boyfriend & his dad. They targeted, recruit, drug dealers, White cc/ embezzle

Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.

In cases where someone in prison faces threats,...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can criminal case be nolle pros if victim filed waivers of rights to testimony on record?????

Victim in criminal indictment filed waiver of rights to clerk office, district attorney office and judge

Indicating Victim wishes not to proceed with prosecution as part of official record, does this mean prosecution must end

Joshua Schiffer
Joshua Schiffer
answered on Dec 12, 2023

The eventual charging decision rests solely with the State, as much as that kind of prospective evidence makes actually carrying the charge more difficult. A good lawyer will do you well in this kind of situation as the change in allegations can create new avenues for state prosecution. Travel... View More

2 Answers | Asked in Criminal Law, Civil Rights, Domestic Violence and Sexual Harassment for Georgia on
Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.

11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More

Joshua Schiffer
Joshua Schiffer
answered on Nov 20, 2023

It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

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

Alake Colwell Furlow
Alake Colwell Furlow
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

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I file a petition or motion for custody interference in Georgia?

I filed an affidavit of custody election in Chatham County, GA, signed on January 20, 2025, and filed on March 21, 2025. My child's father is now threatening my son by saying he will take away his truck, phone, vacations, etc., if my son follows through with the affidavit. I also have text... View More

Regina Irene Edwards
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answered on Mar 30, 2025

An affidavit of election filed alone is meaningless. You have to file a modification case in order to change custody.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Georgia on
Q: Can I file charges for being molested in 1993 when I was 16?

I was molested at 16 by a 24-year-old, and we've been together since, during which time she's controlled me. Recently, I discovered she's been with another man for 21 weeks and is seeking a divorce. Can I file charges for the molestation that occurred in 1993 in this situation?

Regina Irene Edwards
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answered on Mar 22, 2025

No. The age of consent in Georgia is 16.

2 Answers | Asked in Divorce, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I submit documentation to the judge amid a divorce with a no-contact order?

My son is in the process of divorcing his wife, and there is a no-contact order between them. The divorce was filed in July 2024. I am the intermediary for child pick-up and drop-off. My son has filed all required documents, including a financial affidavit, but his wife has not filed any paperwork... View More

Regina Irene Edwards
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answered on Mar 13, 2025

No, you cannot submit a letter to the court. You son can address any concerns he has with his attorney.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Georgia on
Q: What rights does petitioner have to a speedy trial by jury in a divorce action involving domestic violence and children?

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.

Regina Irene Edwards
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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.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If someone hacks my phone and records me threatening to beat them up can they use that in court against me?

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.

Glenn T. Stern
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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.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How does a court case appear online if defendant has entered a pretrial diversion program?

case # begins PRE- open(pending) Would it be listed as prefile?

Joshua Schiffer
Joshua Schiffer
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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Georgia on
Q: Is it legal for a judge to require the defendant/respondent to appear for a full tpo hearing past the 30 days

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

Alake Colwell Furlow
Alake Colwell Furlow
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.

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