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Georgia Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Georgia on
Q: Is it best to have a lawyer with you when you have a pre warrant hearing against the one hwho attacked you.

Have a court date already. Have evidence and a witness.

Joshua Schiffer
Joshua Schiffer
answered on Dec 9, 2020

The State acts on behalf of the victim in post of these cases, but it depends on the way your county does things. If it is a private warrant application then bringing your own lawyer is an excellent idea so your position as petitioner or victim is clearly presented to the Judge. If it is a... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: What lawyer needed for me the victim against attacker and police department

Representation in pre warrant court to get correct warrant and also later against attacker whom is the son in law for lost wages etc. And again against police department for mishandling and denial of my right to have had my attacker arrested in a timely fashion when asked 3 times already.

Joshua Schiffer
Joshua Schiffer
answered on Dec 7, 2020

You can always file civil suits for assault or other intentional torts agains the person that harmed you, witn the big limit being if they have assets or insurance policies that you (and the lawyer) can collect against. Otherwise you are just going to get a paper judgement that is worthless and no... View More

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Family Violence hearing. What about our daughter?

I have a family violence hearing next week to extend a protective order against my daughters father. Is there any sort of arrangements that can come from this that would restrict our contact but allow him and our daughter to see one another. I hate to take her away from him, she adores him and he... View More

Regina Irene Edwards
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answered on Dec 3, 2020

Yes, the court can order parenting time if you ask the judge to. You can ask that the court allow parenting time, but a 3rd party can pick up and drop off, or you can meet at a police station to ensure your safety.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: I filed a family violence ex parte protective order and had my abusive boyfriend removed from my home.

We have a court hearing next week to get it extended or for him to say why it shouldn’t be granted. What kind of things can I use as evidence to help me get the extension granted? I do have photos of damage inside my home and recordings of verbal abuse.

Regina Irene Edwards
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answered on Dec 1, 2020

You can present the photos and the recordings. When presenting the photos, you have to say "this is a true and accurate depiction of {whatever it is.} Same with recordings. If you are having a virtual hearing, it will be tricky. You may want to consult with an attorney.

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3 Answers | Asked in Domestic Violence for Georgia on
Q: Resident of Walton county, GA. Can I get a protective order against my boyfriend who lives in my house with our daughter

He is verbally abusive, mentally abusive, but has only pushed me once. He has been putting holes in walls and doors for years. Last night he slammed our Christmas tree on the ground in front of our 4 year old... is this an option so that he has to leave my house? He is escalating and my daughter is... View More

Regina Irene Edwards
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answered on Nov 30, 2020

You should apply for a TPO and take the pictures of the damage to the property. The judge may grant the order. If not, you need to speak to a landlord / tenant attorney.

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2 Answers | Asked in Divorce and Domestic Violence for Georgia on
Q: Is telling a spouse to kill themselves family violence

My wife and I have had a very hard year her being physically abusive and emotionally so and I’ve been recorded telling her to kill herself. Just wondering if I should worry

Joshua Schiffer
Joshua Schiffer
answered on Nov 24, 2020

It would be difficult to convict you of a "crime" per se, but it is still bad evidence if something goes awry. The better option is to either work on the relationship with therapy and efforts or consult with a family lawyer to plan a divorce/separation. DO NOT get trapped by getting... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for Georgia on
Q: I was the victim of a domestic dispute&clearly injured. The cops came& I ended up charging& arrested. What should I do?

Neighbor and I got into an altercation where I was the victim and was injured. I called the cops and they came and got statements from me and him as well as his parents who lived across the street. They sided with him even though saw me pinned on the ground in a puddle of wood glue he had thrown.... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 23, 2020

You need to hire an attorney who can advise you on the specifically on the best way to proceed based on the specific facts of your case.

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2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My husband was falsely accused of aggregated assult towards me. I was under the influence and suicidal and they accused

Him of choking me witb a cord when i was the one who trird to. Choke myself. I was so out of it when the police where questioning me i dont have almost any recollection i dont even remember going to the hospital

Robbie Levin
Robbie Levin
answered on Nov 11, 2020

I’m not sure what your question is. Nevertheless, if your husband is accused of aggravated assault, that is a very serious felony charge. He should hire a criminal defense lawyer as soon as possible.

For more information visit my website at www.LevinLawyerGa.com

-Robbie Levin,...
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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: How can i file for emergency custody not in same state as child

Let state n child due to domestic violence. Father has in dangered myself n child and recently been locked up and has serveral open cases n current drug addict

Ellaretha Coleman
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Ellaretha Coleman
answered on Nov 8, 2020

You need to contact an attorney in the state where the child is located to file a petition for emergency custody if someone other than you has legal custody of the child.

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1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for Georgia on
Q: DOMESTIC VIOLENCE

X

Homer P Jordan IV
Homer P Jordan IV
answered on Nov 4, 2020

What is your question? If you are experiencing domestic violence please contact the police and/or a domestic violence organization in your area.

1 Answer | Asked in Domestic Violence for Georgia on
Q: cruelty to children in the 1st degree and 2 counts of simple battery

A freind of mine got these charges and he is already on probation. He got bonded out but now probation has a warrant on him for violation. And it was all a big misunderstanding the wife and child said that my freind didnt do anything, but the police put him in jail anyways. The wife did not press... View More

Joshua Schiffer
Joshua Schiffer
answered on Oct 28, 2020

They need a lawyer to intervene and directly approach the PO. ANY arrest is basically grounds for a revocation, so this needs to be immediately mitigated by a lawyer who can hopefully slow or stop the process. The State has deep discretion in how to deal with these issues as once you are... View More

1 Answer | Asked in Libel & Slander, Criminal Law and Domestic Violence for Georgia on
Q: Is harrassment via phone, text, and in person of a person who is legally blind And an above knew amputee, confined to

Aawheelchair a criminal offense? The behavior includes threats of bodily harm, threats of death, telling the person that they are completely worthless and degrading them with vile language and unkind remarks about their disability, and physical appearance, making false allegations to authorities... View More

Joshua Schiffer
Joshua Schiffer
answered on Oct 26, 2020

The first step is to contact the local law enforcement authorities as well as the appropriate government agency advising and protecting our elderly and differently abled, such as the Georgia Division of Aging Services. There may be multiple vectors of abuse here, and they need assistance... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: After a mental health crisis, he is being charged with his first felony charges ever. is he eligible for the FOA in GA?

The client suffers from a documented history of mental health and substance abuse issues that were repeatedly verbalized as well as reporting worsening conditions after a head injury acquired from a motorcycle wreck in july. The incident resulted in charges for possession of a firearm during a... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Oct 24, 2020

If he has no prior criminal convictions, he should be eligible for first offender treatment. However, the judge ultimately has the final decision on whether to accept a first offender plea. Additionally, that may not be in his best interest especially if he is not in active treatment for his... View More

1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I get info on domestic violence survivor how can I get free illegal aid on my rights
Joshua Schiffer
Joshua Schiffer
answered on Oct 24, 2020

Would you please give your question a once over so the community can assist? Domestic Violence victims have many resources available to them, it a matter of identifying what the scope, nature and impact of the abuse is, and then we can guide you. At a minimum you need to ensure your physical... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can I sue a county for favoritizm towards male or female indictments
Seth Meyerson
Seth Meyerson
answered on Oct 2, 2020

Not likely.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: In state of ga when there is domestic dispute with gun and someone getting shot should both parties be charged ...

My son was a convicted felon and girlfriend brought gun into situation ..after struggle she was shot but survived..my son got 5 yrs for being around gun and she has not had any charges ...she done it on purpose to ruin his life because he was leaving her

Seth Meyerson
Seth Meyerson
answered on Oct 2, 2020

Your son needs (needed) a lawyer.

3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: Defendant burnt home down at 4 am while children and I were sleeping how can he take me to court for full custody on

Grounds that I did not give notice of move when I immediately had a restraining order against him. He has been indicated on charges.

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Sep 10, 2020

Your circumstances are unfortunate. The defendant can file a petition with the court, however it does not mean the court cannot/will not dismiss it. Given the facts, it is best to present to the court the details you’ve outlined here. Contacting an attorney may prove extremely helpful for you.... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: If I'm in a criminal case with Defendant why is it allowed that he can bring a civil case against me. He burnt down my

Hey burnt down my house with his children in the home and took me to court for full custody of children how is this Even allowed

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 9, 2020

I am really sorry that you are going through this. Unfortunately, without reviewing the allegations of the lawsuit brought against you, we can not opine on the legitimacy of his claims.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was notified by text that a subpena was sent to me via USPS mail service. I haven't recieved it.

Legally do I have to go? It is dealing with probation revocation. I am being called as a witness.

Joshua Schiffer
Joshua Schiffer
answered on Sep 9, 2020

That is almost certainly insufficient service. Ask your lawyer to look into the situation, as they will be able to evaluate the legitimacy of ANY service, as well as protect your rights.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My brother is a truck driver. He took his girl friend on the road with him & they got into an argument.

He mistakenly shot her and was locked up in Kentucky. He was arrested for attempted murder and tampering with evidence. My mother hired a lawyer in Kentucky that was able to get him released although they knew he had a case in Dekalb county. Someone from Dekalb was supposed to pick him up for the... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 3, 2020

Get a different lawyer. That sounds like terrible customer service, and I think your loved one may be on a mental health hold which explains why she cannot talk with them.

She should wait a couple of days, continually reach out to the facility and get reliable information from the inmate....
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