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Georgia Domestic Violence Legal Questions

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13 legal [2, *]questions have been posted about domestic violence by real users in Georgia. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Georgia Domestic Violence Questions & Legal Answers
Do you have any Georgia Domestic Violence questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 13 previously answered Georgia Domestic Violence questions.
Domestic Violence
Georgia

Recent Legal Answers

was I a victim of criminal assault

Answered 4 years and 10 months ago by attorney Loraine M. DiSalvo, Esq.   |   1 Answer   |  Legal Topics: Domestic Violence
Loraine M. DiSalvo, Esq.
I am sorry to hear about the problems with your father in law. It definitely sounds like you were the victim of a criminal action if he deliberately tried to hit you with a riding lawn mower. I am not sure why the police didn't arrest him. However, this is not an estate planning question, and my area of expertise is estate planning, so I am not sure what else to tell you. You may want to consult a family law attorney or a personal injury attorney to find out if there are other ways to protect yourself and your wife from your father in law. Best wishes to you.... Read Answer
I am sorry to hear about the problems with your father in law. It definitely sounds like you were the victim of a criminal action if he deliberately... Read Answer

I am legalimalized for my son and the mother will not let me see my son

Answered 10 years and a month ago by Mr. Michael Todd Hampton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
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Sounds like you would need to file a petition for visitation with the superior court. Especially with the domestic violence case pending, you don't want to violate that by trying to talk to her about seeing the kids. Best advice is to contact a lawyer about filing for visitation. 
Sounds like you would need to file a petition for visitation with the superior court. Especially with the domestic violence case pending, you don't... Read Answer

Pushed my girlfriend after she said mean words to me

Answered 11 years and 8 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
This is a terrible situation for you.  If she presses charges, they would most likely be under the Family Violence law in Georgia.  This carries more harsh penalties that if it were a random person you got into this altercation with.  You definitely need to have a lawyer ready if she does press charges.  ... Read Answer
This is a terrible situation for you.  If she presses charges, they would most likely be under the Family Violence law in Georgia.  This... Read Answer

what can I do about making a false statement

Answered 12 years and a month ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
If you recant your story, it will likely help you husband's case.  But yes, you could be charged with making a false police report or similar crimes. 
If you recant your story, it will likely help you husband's case.  But yes, you could be charged with making a false police report or similar... Read Answer

How long does the State have to issue a date for recorders court?

Answered 12 years and 6 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
Two year statute of limitations on misdemeanor charges in Georgia. 
Two year statute of limitations on misdemeanor charges in Georgia. 

TPO Visitation rights and violations

Answered 12 years and 6 months ago by Mr. Michael Todd Hampton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
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Unfortunately, this is difficult to answer and the best advice is to talk to a local lawyer. It sounds like he very well may be in violation of the TPO which I assume does not give him visitation for the entire period he wants to take the vacation. On the other hand, the order may not be specific about him needing permission to leave town. You may need to file a new petition with the court to have it clarified.... Read Answer
Unfortunately, this is difficult to answer and the best advice is to talk to a local lawyer. It sounds like he very well may be in violation of the... Read Answer

How can I go home when my spouse wants me to, but there is no contact order that neither one of us wanted

Answered 12 years and 8 months ago by Mr. Michael Todd Hampton (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
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The best way to handle that would be to have the judge sign an Order modifying the conditions of bond. Sometimes the prosecutor's office might consent to it, but that's not always an option. A lawyer can help you schedule a hearing in front of the judge and ask to have the condition lifted.... Read Answer
The best way to handle that would be to have the judge sign an Order modifying the conditions of bond. Sometimes the prosecutor's office might... Read Answer

can a misdemeanor domestic be exspunged if it was first offense and now sixteen years old

Answered 12 years and 11 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
If you are a minor under Georgia law (under 17) a case is generally prosecuted in juvenile court, which does allow for sealing of a record.  Here is a link with information: http://www.djj.state.ga.us/Policies/DJJPolicies/Chapter20/Attachments/DJJ20.40AttachmentC.pdf
If you are a minor under Georgia law (under 17) a case is generally prosecuted in juvenile court, which does allow for sealing of a record.... Read Answer

what process do I go through to get a restraining order against someone

Answered 13 years and 2 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
You need to go to your county's magistrate court and fill out the required forms for a temporary protective order.  Every county is slightly different, but either way the person who you take out a restraining order on is entitled to a hearing before the order is extended to 12 months.     ... Read Answer
You need to go to your county's magistrate court and fill out the required forms for a temporary protective order.  Every county is slightly... Read Answer

How to handle my case

Answered 13 years and 3 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
How to handle your case depends on a lot of factors: where you were arrested, what actually happened, and whether you have a criminal record are a few.  Family violence cases can have serious outcomes and can taint your record forever.  With this said, it is always the best advice to have a lawyer defend the charges rather than wing it yourself.    If your case is in the Atlanta area, give me a call at 404 642 6333 to discuss your options further. ... Read Answer
How to handle your case depends on a lot of factors: where you were arrested, what actually happened, and whether you have a criminal record are a... Read Answer

Anger management on record?

Answered 13 years and 3 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
No.  Nothing will go on your record from attending classes on your own free will.  
No.  Nothing will go on your record from attending classes on your own free will.  

Would it be simple battery or aggravated assult if it was done by a boyfriend for multiple months?

Answered 13 years and 4 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
Mr. Evan Austin Watson
The charges would be up to law enforcement.  You need to call and report the incidents to your local police department.  
The charges would be up to law enforcement.  You need to call and report the incidents to your local police department.  

what will the punishment be?

Answered 13 years and 4 months ago by Mr. Jason H. Ingraham (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
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That is a complex question which requires more information to answer properly.  There is a big difference in the types of charges that might be brought against him, and whether is is charged with a felonies or misdemeanors.  Misdemeanors carry a sentence of up to 12 months for each charge, and felonies are punishable by more than a year in custody (or on probation/parole).  If either of these cases involve a felony jail or prison becomes more likely than if they are just misdemeanors.... Read Answer
That is a complex question which requires more information to answer properly.  There is a big difference in the types of charges that might be... Read Answer
Domestic Violence
Georgia

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