That is an excellent question, and it is going to be up to the Court, after a hearing is convened, to determine whether the TPO was violated. If you want to move forward with a violation hearing you should contact the Superior Court where you received the TPO and inform them of the issue. You also may ant to communicate with the local District Attorney as they would be in charge of prosecuting the offender. The charge would likely be Aggravated Stalking.
While I agree with the above answers, you need to go find a LOCAL lawyer, down in Jessup or Waycross, to assist you. There are numerous ways your lawyer will be able to fight the validity of your "statement" and protect the people you want to assist. Medication is just the beginning of that fight, however, and this IS NOT something you can do by yourself. These are very serious charges and could impact your family for decades to come, so this is the time to invest in your own well being. I...
You really need some hep, and professional guidance. There are several disability advocacy groups you can ask for assistance, and the court may even have a "victims advocacy" section that would be willing to look at your issues. Also, your son NEEDS A LAWYER and his lawyer may be able to address your situation as it obviously involves his marriage case.
James is spot on with his advice above. My partner Tom Kemp is also a former DeKalb ADA and I know how good that office typically is.
Reach out to Victim Witness for answers, and do not be afraid to press your rights. Good Luck!
What you need is a "pardon" and not an expungement, since you cannot "expunge" convictions." Same goal, different process.
That being said, there are other extraordinary remedies available to you besides a pardon, but they are speculative in nature and can be quite onerous to pursue. We have been successful in the past in "changing" convictions to a different charge, but it is a very, very difficult process.
I am from Cobb and clerked for Judge Grubbs at the start of my career, so I am confident that the above counselors are correct in their assessments. 2 violations means there is a habit of "not following the rules" and Judge Grubbs typically will not consider extra-lenient treatment for someone who has had such a tough time with probation. She makes a point of being very clear at the time of sentencing that she expects people to follow the rules of probation, and I guarantee she remembers your...
It is going to require some pretty heavy lifting, as stated above, and there is no guaranty of success since a judge already found in favor of the petitioner. There are options, and we do handle these, but anyone promising a "quick fix" is pulling your leg. Please feel free to call.
You really do not have to hire a lawyer, but it would help. And the above advice is correct that if you had hired a lawyer at the beginning, you would not be dealing with this hassle now.
BUT...now that you are where you are, you are in fine shape.
It is good practice, and a general rule, that you should discuss expungement when you agree to take the diversion program, but it is not mandatory. You have the right to apply for an expungement (forms on the GBI website) without an...
Your best bet is to go to the local prosecuting authority, but, as has already been stated, due to the lapse in time this case is not going to catch the attention of many prosecutors. Another option would be to swear out a warrant privately at the magistrate court of your county, and that will force the prosecutors to look at the case. You need to make decisions quickly, however, becasue of the statute of limitation issues mentioned above.
You are going to have to verify acceptability with an Illinois attorney. The GA Domestic Violence Intervention Program is quite thorough, however, and I have successfully substituted it in several states.