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Melissa Sue Bowen

Melissa Bowen’s Answers

3 total

  • Can anyone tell me what this means? "domestic relations cas file inf fr"

    It has to do with a temporary restraining order that was dismissed the same day.

    Melissa’s Answer

    Without seeing what you saw that contained this information, it is likely just what the clerk put on the docket as the domestic relations case filing information form. This is simply a document that someone files when a domestic relations action (a case that involves families) is filed with the court. Basically, the person filing the action fills out this document and is gives the clerk the names of the parties and lets the court know what type of action is being filed. It is required in most counties at the time of the filing.

    If you would like to see what the document looks like, I have added a link to the form below. I hope this helps.

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  • How can I drop the charges and Tpo I put on my unborn sons father?

    I am pregnant with this man's son. We had a falling out and my emotions and hormones are out of control so I broke up with him then cut up my clothes and pictures ... I believe it was him I didn't see him do it I just assumed. My mother kept calli...

    Melissa’s Answer

    First, I want to acknowledge that domestic violence is extremely serious and temporary protective orders serve to provide you and your unborn child protection. I would advise that you speak with an attorney, legal advocate, domestic violence shelter, or counselor before proceeding forward and dismissing the protective order and/or the criminal charges if you are in fear for your safety and for the safety of your child. However, if you do wish to dismiss the charges, I have addressed your questions below.

    With regard to the judge's resignation, since Judge Barrett is no longer on the bench there will be another judge present at the hearing tomorrow who will be sitting by designation for Judge Barrett to ensure that his hearings go forward even though he is no longer on the bench.

    If you would like to dismiss the protective order, you would need to contact N.O.A.'s Ark or the Victim Witness Assistance agency in the the county where the action is filed (White, Lumpkin, Union or Towns). You can find county specific contact information at http://www.aardvarc.org/dv/states/gadv.shtml. You can request that the advocate dismiss the action for the protective order and they should abide by your request and inform the Court that you no longer wish to proceed.

    If there are criminal charges pending in Lumpkin (or any other) County, you would need to contact the D.A.'s office and speak with the attorney who is handling the file and tell them that you no longer wish to prosecute your unborn child's father. The D.A. will take your request into consideration, but they can still proceed forward with the charges.

    If you would like additional information, please do not hesitate to contact me. I wish you and your child the best of luck.

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  • Divorce by abandonment/desertion, do I need to notify spouse if they have been in another country for two years.

    She has not been in the US in two years, can I just divorce her at the courthouse or do I need to get her signature or attempt to notify her

    Melissa’s Answer

    Georgia is a "notice" pleadings state, which means that you must provide service (a.k.a. notice) of process (a.k.a summons and complaint for divorce) in a pending divorce action against your wife. Once the action is filed, you can perfect service in several different ways pursuant to Georgia Law;

    1. Your wife can choose to acknowledge service of the summons and complaint. She would be able to sign a document in the presence of a Notary Public stating that she received a true and correct copy of the summons and complaint and that further service of summons or pleadings (other documents from your action) is waived.

    2. You could have your wife served personally by the Sheriff in the county where she lives. This is where the sheriff will deliver a copy of the summons and complaint to her personally and sign an affidavit stating the date that she was served. There is a fee associated with this method of service that is charged by the Sheriff's department.

    3. You could hire a private process server (who has been approved by the Court) to serve process like the Sheriff above. There is also a fee associated with this as well.

    4. Since your wife lives out of the country, you may be able to serve your wife by publication. However, if you do know your wife's address, you would have to demonstrate to the Court that you attempted to serve your wife personally with the summons and complaint. In the event that the attempts were unsuccessful, or if you have no information pertaining to your wife's whereabouts, you can petition the Court for an Order for Publication which requires the Clerk of the Court to place an ad directed to your wife in your county legal organ for the statutory period of weeks which places her on notice that there is a divorce action pending against her. Publication is not a usual method of service and the requirements for service by publication are very strict. There is also a fee associated with this type of service.

    I hope this information was helpful to you. If you would like to discuss this further, please do not hesitate to contact me.

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