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Georgia Domestic Violence Questions & Answers
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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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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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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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

2 Answers | Asked in Child Custody and Domestic Violence for Georgia on
Q: Is there a way to find out if someone is still on probation?
Ellaretha Coleman
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Ellaretha Coleman
answered on Aug 3, 2023

The original order placing the individual on probation will have the length of time for their probation. However, that document will not tell you if their probation has been terminated early.

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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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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: In a child custody case , i have witness statements. Do I have to subpoena to the witnesses to use them in a Hearing ?

I want to use them the witnesses in a hearing. The dad overindulged in alcohol and is aggressive to child and mother .

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 11, 2023

I would suggest hiring an attorney to represent you at trial. Trial procedure can be difficult for non-attorneys as you cannot use affidavits at a final hearing. Your witness will have to be available to testify and you will need to prepare your questions for your witness. You will also need to... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How do I get free legal help in a child custody case?

My parents and sister and brother in law are trying to take custody away from me for my 12 year old daughter.

John Michael Frick
John Michael Frick
answered on Jun 15, 2023

Contact the Georgia Legal Services Program. It offer free legal assistance to low income people in 154 of 159 Georgia countries in a variety of areas of practice including family law.

It will prescreen you to determine your eligibility then put you in touch with a lawyer.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Do I have to attend a calendar call, even though my lawyer won't be there?

My attorney's office told me I don't have to attend my calendar call because my attorney filed a conflict letter to the court, and will not be able to attend.

Robbie Levin
Robbie Levin
answered on Jun 14, 2023

Generally speaking, defendants are required to attend calendar call. It is possible that your attorney obtained permission from the court to excuse you from appearing. An attorney conflict letter by itself does not excuse the defendant from appearing.

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Georgia on
Q: Is a 911 tape acceptable to be play at trial by victim that been drinking?
Glenn T. Stern
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answered on May 21, 2023

Whether or not the tape would be admissible would depend on why it's being offered. However, generally speaking, the fact that the person on the tape had been drinking would not in itself make it inadmissible.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Todd B. Kotler
Todd B. Kotler
answered on May 19, 2023

Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... View More

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2 Answers | Asked in Child Custody, Domestic Violence, Family Law and Child Support for Georgia on
Q: Can I have a petition for legitimation, custody and child support dismissed ...

On the grounds of a family violence protective order is in place for 1 year for not only myself but both minor children ages 10 &12??

I know i have to respond to this petition and im trying to do so correctly as i dont have legal counsel, cant afford counsel... however he does! If thats... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 15, 2023

A judge is unlikely to dismiss a legitimation action by ruling on a motion to dismiss. Although you say you can't afford counsel, if the father has hired counsel, I would suggest you use credit, or anything you can to get the funds together to hire an attorney. If you do not consent to the... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Georgia on
Q: When protective order is over can I contact n see kids automatically or what

Protective order is over May 12. Do I have to go back to court to see kids or can I contact them and their mother right away??? I don't have another $6000 to pay lawyer for agreement so it can be thrown out by Judge again.

Regina Irene Edwards
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answered on May 8, 2023

The answer to this depends on if you have a parenting plan in a different case. If there is a court ordered parenting plan, the parenting time should resume. Normally, parenting time continues even though there is a TPO in place, especially if the violence alleged was not toward the children. You... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Health Care Law for Georgia on
Q: Boyfriend was charged with aggravated assault (Im the victim) Is there any way the charges can be dropped?

Got into a disagreement with my boyfriend which led to a heated argument. I was struck in the head. I called the police and he was charged with aggravated assault - family violence. I'm looking to drop the charges. I understand this is at the DA's discretion. I looked into affidavit for... View More

Joshua Schiffer
Joshua Schiffer
answered on May 5, 2023

This is my core practice area, and he needs a strong lawyer at a minimum. You may benefit from independent counsel as well, since the State can be very aggressive leaning on alleged victims during the case.

ANYTHING you say to the State can get twisted and turned around, so be VERY...
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