Joshua G. Schiffer’s Answers

Joshua G. Schiffer

Atlanta Domestic Violence Lawyer.

Contributor Level 12
  1. I was subpenaed for domestic violence. I am the victim and do not wish to testify and told them this already .

    Answered over 1 year ago.

    1. Joshua G. Schiffer
    2. Emily Su-Hwa Yu
    3. Marcy Ann Millard
    4. Michael Stephen Moody
    4 lawyer answers

    Well... your son really needs a lawyer, and you can make your feelings about the case well known if you are called to court. Unfortunately there is nothing you can do to avoid being subpoenaed and having to appear. You can, however, research and explore whether you have some sort of "privilege" to not testify in the case if your relationship with the accused fits the "privilege" requirements in the OCGA. Google OCGA 24-9-27 and read part (a). That may apply to you......... If you have a...

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  2. What are the charges for Simple Battery Family Violence and Battery Family violence in Georgia?

    Answered about 2 years ago.

    1. Joshua G. Schiffer
    2. J. Thomas Salata
    2 lawyer answers

    It is going to depend on the position of the prosecutors office and the details of the prior charges as the individual charged may be "recidivized" and that can be felonious. There is also a Cruelty to Children in the 3rd degree charge for fighting in front of a minor. There is no straightforward "x misd = 1 felony" equation here, and the state has broad discretion in determining what charges to bring. The answer above is a good start and you certainly need a detailed session with a lawyer...

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  3. I was wondering if i could get an order of dismissal for a tpo. if my wife made contact with me after she went to court and file

    Answered 5 months ago.

    1. Michael John O'Hagan
    2. Malone Allen
    3. Joshua G. Schiffer
    4. James Lawrence Yeargan Jr.
    4 lawyer answers

    The above answers are spot on and the TPO "flows" against you and benefits her. You should take some time and invest in a good LOCAL lawyer to assist you in ending or modifying the TPO/TRO as right now, you are under serious threat from her and your rights have already been affected. Take your gun rights for example. You probably cannot posses a firearm right now. These issues are nothing to scoff at, get some help and get it done RIGHT.

    4 lawyers agreed with this answer

  4. What can I do to drop charges against my boyfriend that I did not file?

    Answered about 2 years ago.

    1. Joshua G. Schiffer
    2. Daniel Ellis Rice
    3. Derek Michael Smith
    3 lawyer answers

    Unfortunately the decision to charge or not charge rests with the locally elected prosecutor and their designees. While crimes have victims, the ultimate victim is the "peace and dignity of the State of Georgia" and the prosecutors are out to protect that. You also cannot blame the cops for doing their duty. If they had "left" the incident without an arrest and something unfortunate happened, their careers would be over. Your BF needs a good lawyer with local experience and needs them...

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  5. I was wronglyarrested & charged with domestic violence against husband&child.if the case is dismissed, hw do i expunge my record

    Answered about 2 years ago.

    1. Joshua G. Schiffer
    2. S. Carlton Rouse
    3. Stephen Lee Coxen
    3 lawyer answers

    I advise that you need to call a qualified domestic violence criminal defense attorney and do it sooner rather than later. The longer this case sits out in the ether, the greater likelihood that you will loose your best defenses along with the benefits of early aggressive action. Remember, he does not control whether the state brings charges against you, that is just up to the state. You need to go on the offense and get there soon. First you need to make sure the case was handled...

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  6. First offender act / domestic violence charge and Federal gun laws....? Can I still own and/or carry a gun....?

    Answered over 1 year ago.

    1. Joshua G. Schiffer
    2. Michael Douglas Shafer
    2 lawyer answers

    I agree with the above assessment. You can certainly purchase a firearm, but the the carry issue may cause you some hiccups as local law enforcement may have an issue with it. It would be a good idea for you to confirm, from the GBI, that your first offender status has been fully disposed of as sometimes the GCIC can be incomplete until the individual calls attention their specific issue. You will not need a lawyer to do that, just call and make sure the GBI has done what they are...

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  7. How can i avoid loss of second amendment "privledge" in a battery family violence case due to lautenberg amendment?

    Answered over 1 year ago.

    1. Allen Rust Knox
    2. Joshua G. Schiffer
    3. Michael Jason Rhoades
    4. James Regan
    5. John Arnold Steakley
    5 lawyer answers

    You need to fight and win this case to ensure you keep your second amendment rights in this case. the only other acceptable result is a form of dismissal, most likely through some sort of pre-trial diversion style process. If these are issues that matter to you invest in local counsel as soon as possible. You want someone who frequents your local courts so I would look at Gwinnett, DeKalb and Fulton for Domestic Violence lawyers. Good Luck! Warmly, Josh Schiffer

    3 lawyers agreed with this answer

  8. No Contact Order Questions

    Answered over 1 year ago.

    1. Joshua G. Schiffer
    2. Marta Maria Noriega-Allen
    2 lawyer answers

    You can do whatever you want, but your fiance is in deep, deep trouble if he violates the conditions of his bond. He can easily be charges with Aggravated Stalking, and held with no bond, if he violates his existing bond conditions. What you need is a "bond amendment" for his "special conditions of bond" and that is generally done with a lawyer, or you can try to argue the issue yourself with the agency prosecuting your Fiance. Or HIS lawyer could assist you. I will warn you, however,...

    3 lawyers agreed with this answer

  9. Can I file an assault charge if I wasn't the one who was assaulted?

    Answered about 2 years ago.

    1. S. Carlton Rouse
    2. Joshua G. Schiffer
    2 lawyer answers

    While you do not have the proper standing to "demand" prosecution as a victim or guardian of the victim, you can always approach law enforcement and/or your locally elected prosecutor and report the crime. Crime reports are taken very seriously as the numbers are gathered and reported to national and state organizations that track societal issues. Domestic violence is one of the categories they pay particular attention to as it has become a major issue. I encourage you to assist your loved...

    3 lawyers agreed with this answer

  10. Was denied gun purchase, had a DV charge.Made deal with DA simply battery not under DM act. Can my rights be restored?

    Answered over 1 year ago.

    1. Joshua G. Schiffer
    2. Michael Jason Rhoades
    3. Keith G Langer
    3 lawyer answers

    Both Yes and No. You need a more thorough review of your issue before anyone can provide you the most accurate advice, but it is possible to have your rights restored if they have been restricted. Unfortunately the method to do that requires some extraordinary motions and intense lobbying of the state by your representative attorney. It is also a purely speculative process as your rights to appeal the conviction are long since closed. We would be happy to set up and assist you with...

    2 lawyers agreed with this answer

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