Legal Corner

Suggestion
pwilley 59 Reviews 7575 reads
posted
1 / 4

A female friend has filed for divorce in GA.  Her ex has been calling her over 100 times per day for weeks.  Many years ago, he plead guilty to misdemeanor stalking.  Last weekend, she went to police station and while there in presence of LE, she received a call and put it on speaker.  The cop witnessed her ex threatening to "kick her ass".  He wrote a report and said he would be charged with "making terroristic threats".  Later that day, the ex brought her two kids to her home for drop off from his visitation.

Her ex began screaming at her and again threatening to beat and rape her.  She managed to get the two kids and herself inside the house.  She called 911.  Cops arrived and arrested him on Family violence and two counts of child endangerment.

He bonded out, but the original report from first incidence doesn't seem to have been charged.  She tried scheduling a meeting with DA to discuss the potential charges, but DA's secretary refused to allow a meeting.  She has left voicemails for the DA to discuss, but DA doesn't return her calls.  She did fill out a victim impact statement and left it for the DA.

So, what can she do to discuss charges with DA so that she can impart her desire for all potential charges to be filed and to have some say in whatever plea agreement the DA might contemplate?

mrfisher 115 Reviews 5607 reads
posted
2 / 4

since you asked; I think she should get some legal advice from a lawyer who is very familiar with domestic issues.

Either that, or drop a dime to a columnist at the local newspaper.  They often love to expose pols who are asleep at the switch when it comes to domestic abuse.

(still not a lawyer)

ThePeopleRule 5657 reads
posted
3 / 4

She should type a letter listing the facts in an unemotion way, including her efforts to talk with the DA. (It is unlikely THE DA would talk to a "victim" in this way; usually an investigator or deputy DA would be the one to take on the task.)

She should prepare two letters, one for personal delivery and the other for mailing by certified mail, return receipt requested.  At the top of the first page she should indicate that two copies are being delivered by those methods.

She could get a copy of the police report and include it with her letter.

If she is not contacted within 3 or 4 days, going to the local media would be a next step.

ClassInAtl 5568 reads
posted
4 / 4

Pwilley,

This is a tough situation.  Since I do both criminal and domestic work in Georgia, I'm familiar with a lot of the issues involved.  If an arrest was made you can be sure there will be follow up by the DA's office.  Also, if he bonded out, you may want to check his bond conditions.  I'm willingto bet he is not allowed to have contact with her.  If he does, it becomes felony Aggravated Stlaking in Georgia.

A lot depends on the facts and the county, but if you send a PM I'll be glad to confidentially discuss this further.

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