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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Q: What do I do now? My husband has not lived with me except for one month before and after quadruple bypass surgery.

I do not have the $3000 to $10,000 for an attorney for a divorce. He has not contributed to the household since stopping his direct deposit the last week of November 2021. There’s physical abuse, adultery and even a USB PLUG he put in my house at some point with a hidden camera. What do I do? We... View More

Regina Irene Edwards
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answered on Nov 2, 2022

You have said that this is a complicated case, but cannot afford a retainer. Your options are to save up to hire an attorney, or you can file the case without an attorney. For the type of case that you have described, your litigation budget should be around $20,000. A $5000 retainer is not going... View More

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: HI I HAVE A SCHEDULED MEDIATION WITH MY SONS FATHER AND HE HAS MENTALLY AND EMOTIONALLY ABUSED ME THRU TEXT MESSAGES

I DONT FEEL COMFORTABLE DOING THIS WITH HIM. Do I HAVE TO SHW UP

Regina Irene Edwards
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answered on Oct 24, 2022

You probably do have to go. The mediator can keep you separate the whole time. They also should have sent you a domestic violence screening form ahead of time. You can also hire an attorney to help you at the mediation.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can prosecutor ask for protective order?

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

Joshua Schiffer
Joshua Schiffer
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.

2 Answers | Asked in Child Custody and Domestic Violence for Georgia on
Q: When is emergency return of child appropriate?
Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Federal Crimes for Georgia on
Q: How do I know that I will be safe? He’s going to kill me.

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

Joshua Schiffer
Joshua Schiffer
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...
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1 Answer | Asked in Divorce, Tax Law, Domestic Violence and Family Law for Georgia on
Q: There is a 7yr lien on house and it's going for auction in Nov will that hold up the sale of the house during a divorce

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

Alake Colwell Furlow
Alake Colwell Furlow
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

2 Answers | Asked in Domestic Violence for Georgia on
Q: Can a crime victim request new trial?

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?

John Michael Frick
John Michael Frick
answered on Sep 10, 2023

No. But you should address any intimidation with the prosecutor or law enforcement

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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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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 Domestic Violence, Family Law and Criminal Law for Georgia on
Q: If I have a restraining order against my son for family violence, can I remove him from the deed of my house?

My husband and I purchased a home and was manipulated into adding my son and his children's mother to our deed. The agreement was for them to pay half of the mortgage. After adding them the the deed we have received no money for the mortgage nor bills. However, I have been abused mentally,... View More

Regina Irene Edwards
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answered on Mar 8, 2023

You cannot remove someone from a deed unilaterally. Even if you have a restraining order. You will need to contact a civil attorney to resolve the issue. Your son has interest in the house.

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1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: BATTERY FAMILY VIOLENCE, LEGITIMITATION, GUARDIANSHIP

THANK YOU FOR YOUR TIME. I'M GOING THROUGH A CASE FOR BATTERY FAMILY VIOLENCE THAT MY KIDS MOTHER REPORT ON ME. WE HAVEN'T BEEN TOGETHER FOR 5 YEARS NOW BUT SHE STILL LIVES IN MY HOUSE SINCE I'VE BEEN TRYING TO KEEP MY KIDS CLOSE TO HER THE MORE THAT I CAN. THIS PERSON HAS MEDICAL... View More

Joshua Schiffer
Joshua Schiffer
answered on Dec 31, 2022

My FIRM advice is to hire a local attorney who practices both basic criminal defense as well a Family law. The issues are combined and the right work on the Family Law case will profoundly benefit your criminal matter. It is also a great wedge against her to force her to be more responsible. You... View More

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Q: What authority do I have to petition for an arrest warrant for my Grandsons stepfather who is physically abusing him
Joshua Schiffer
Joshua Schiffer
answered on Oct 6, 2022

There are three relatively easy pathways

1. Call the local police and make a report. Officers are mandatory reporters with violence against children and will have to take notice

2. Call your local DFCS branch and do the same. They WILL take action

3. you can always apply...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... View More

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 28, 2022

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
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answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... View More

1 Answer | Asked in Adoption and Domestic Violence for Georgia on
Q: what is code 19-7-42 mean when officers get called out to a residents house for a domestic dispute but its against a 19

year kid that isnt even your kid but you wasnt threatening him/her or putting your hands on anyone but yet you was arrested supposedly for a probation violation?

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2022

Pretty sure that is some sort of local code, as the OCGA for that number is a venue issue. Without more info it is hard to say.

When officers are dispatched to a DV there are a lot of issues in play, and their primary goals are going to be securing the safety of everyone followed by...
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1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Georgia on
Q: What if the victim doesn't want a protective order ior if yall married with kids
Joshua Schiffer
Joshua Schiffer
answered on Sep 4, 2022

Lots to unpack there. It "all depends" on the situation and facts, as a TPO is different from a criminal charge and the bond from a criminal charge operates differently than a TPO.

Marriage adds more complications and a step back to gather your thoughts and get some guidance from...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How is "Primary aggressor" defined by law
Joshua Schiffer
Joshua Schiffer
answered on Sep 2, 2022

As it sounds and from the perspective of the report maker, generally the police officer investigating the incident. It is not a conclusive finding in an investigation, and primary aggressor is most important when determining who is going to be arrested and then during the prosecution it becomes... View More

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