Get free answers to your Domestic Violence legal questions from lawyers in your area.
The court says my case is closed, but I still didn't meet my family.
answered on Jan 3, 2022
It is certainly a good idea to check and have backup in these situations. First off, with all of this you need to ensure you have the documents handy, as you may need them if there are issues.
Orders and sentences expire according to their terms, and when they expire they become void... View More
answered on Dec 23, 2021
Please get an attorney as soon as possible. If your wife already petitioned the court for a restraining order then you need to still protect yourself even if you may want to save your marriage. You have a limited time to respond to her petition and even smaller amount of time to prepare for the... View More
Will I be able to keep the home? Or get a greater share? Will my spouse have to move out. I also dont want to uproot my son. The house is paid in full. Also will I get full custody of my son?
answered on Dec 22, 2021
You need to have a consultation with an attorney. Each case varies based on income, assets of the parties, history of caretaking of the child and other factors. Once more information about those is known, an attorney can give you advice.
I took a plea for simple battery with an ex but not sure it its classified as domestic does the actual word domestic show if its a domestic charge?
answered on Dec 16, 2021
This is going to require some factual investigation, as the details are SUPER important in this analysis.
IF the conviction was under the Georgia Family Violence Act then a prohibition applies. This does not need to be explicit, however, and, as the prohibition is based on Federal law... View More
answered on Dec 15, 2021
Unfortunately, no. While Georgia law does not explicitly prohibit it, federal law prohibits you for purchasing, possessing, or transporting firearms if you have been convicted of a family violence/domestic misdemeanor. A remedy you may pursue is to seek a pardon from the Georgia Board of Pardons... View More
Me and my husband went to Mt sisters house. My husband and her boyfriend got into a verbal altercation. Her boyfriend then hit my husband with some weapon. My husband hit him back. I was keeping my sister back so she wouldn't get hit by them and she hit me. I popped her not hard and told her... View More
answered on Nov 7, 2021
Odds are if the cops are made aware, they are going to investigate and determine if they should arrest anyone. Getting a lawyer involved out front assists in getting your version of the events presented properly and with the most impact.
I advise if arrests appear imminent that you hire... View More
A few days later, we find out that there is a warrant for his arrest in GA that we believe his parents called and reported him for. But he did nothing wrong. Now his mother is harassing us and threatening us.
answered on Oct 28, 2021
You haven't asked a question, but if he has a warrant, then he needs to turn himself in. If the mother is harassing you, you can just block her from your phone to solve that problem.
answered on Oct 27, 2021
All depends on who is doing the searching. There are a lot of different "background searches" available on the market, and they each have different parameters.
The better questions are what is the search for and what form of search is being conducted.
My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... View More
answered on Oct 12, 2021
I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... View More
My spouse and I got into an altercation that we involved the cops to mediate but turned into me being arrested as the aggressor. I was bonded out and told to make no contact with the victim i.e. my spouse I was also told by a couple cops that I could have my spouse overturn the no contact order by... View More
answered on Oct 7, 2021
You need to be open and honest with your attorney, as the medication issue is HUGE when it comes to mitigation. Your Spouse can also use that information to press the State to treat you properly as much as she does not control whether the state presses charges or not. She may also be able to use... View More
answered on Sep 27, 2021
The special Conditions of Bond flow against an arrestee when a crime has allegedly been committed. They exist during the pre-disposition portion of the case and if they are violated there are special charges that can apply.
A TPO is when a petitioner has asked the court to provide a layer... View More
answered on Sep 21, 2021
Generally the court will allow continued attempts at service until the ex parte expires. It may be a good idea to pay a skip tracer to serve the person if the sheriff is running into issues.
answered on Sep 20, 2021
I am sorry, but it appears some of your question was cut off. Please resubmit.
answered on Sep 20, 2021
If you can make your case - which you should be able to if the other side does not show up - you will get the one year TPO.
I broke the windshield of my exs car from the inside, I had my feet up on dash and was in pain due to a tooth infection, we were sitting in front of an urgent care. She was yelling in my ear and out of frustration and desperation I kicked the windshield without thought I had no intention of... View More
answered on Aug 26, 2021
Good news is that if the putative vicim is cooperative and the restitution has been made, I bet most prosecutors will work this out. As long as you follow the rules of bond you should be in good shape. Dont hesitate to ask for the public defender if you want some guidance, as the State may be... View More
They kept her in room without lunch all day instead of going to class
answered on Aug 17, 2021
There should be some sort of written reason offered by the school. You need to schedule a meeting with the administration and get to the bottom of the disparate treatment.
answered on Aug 16, 2021
If the person has a clean record, generally a couple thousand. The Special Conditions are what really matter though, as courts generally default to the most "safe" option of "No Further Contact" with the putative victim. That is where the big problems start as it creates a... View More
I have a temporary restraining order for now but no one seen any video or heard the audio so when we go to court I'm gonna have them for the judge to see would the judge be able to then press charges because at the time of the incident no police were called.
answered on Jul 31, 2021
The best thing to do in this position is to have the hearing (if an option, have a stenographer take down the transcript) and then you take the results of the hearing to the police and ask them to press charges. While SOME judges will direct refer from a TPO/TRO, most want the petitioner to handle... View More
It was labeled domestic violence just for trespassing back in 1998 or 1997
answered on Jul 28, 2021
You need to address the underlying conviction and have it changed. The good thing is that this problem is common enough that it is often pretty easy, but it all depends on the facts and the position of the State since it is a consensual change in your record and it is easiest with the State's... View More
He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.
answered on Jul 27, 2021
Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.
My direct email is... View More
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