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Joshua G. Schiffer
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Joshua Schiffer’s Answers

254 total


  • How to get a no contact order against me modified?

    I have a no contact order against my mom due to a criminal case. (she was the abuser, i got charged) Is there a way I can get it modified now that I plead guilty and on probation with a deferred judgement to at least so we can email each other or ...

    Joshua’s Answer

    Either with or without the assistance of a lawyer, you can change/amend the conditions of a protective order with the Courts permission.

    I advise you to use counsel, however, as you do not want to have a minor error haunt you, and the Court in these cases have strict policies for public safety.

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  • What is the penalty for violating a protection order for domestic violence .

    what is the penalty for violating protection order against domestic violence and promising the judge they wont speak to the victim (( the judge i heard made it very clear and was said he would go away for a long time ))

    Joshua’s Answer

    In Georgia the charge is called Aggravated Stalking (felony) or "Violation of a Protective Order" Misdemeanor. All depends on the facts of the case.

    Generally, Judges do not take kindly to people disobeying direct written orders from the court, so the punishments can be very severe.

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  • Can my fiance be arrested if he was initially the victim in a case but new info is provided to the court?

    Last month I was arrested after me and fiance got into a argument where he hit me several times and I called the police well once they came I didn't want him to get into trouble so I said he never hit me and all of my injuries came from me throwin...

    Joshua’s Answer

    You need to get a lawyer and get your issue straight. Playing around with the "truth" in front of judges can be very hazardous to your freedom.

    There was just a recent case in Cobb where the "victim" recanted and even appeared on behalf the the defense at trial. Still ended up with a conviction and major time behind bars. You really want to get everyone hooked up with lawyers before you end up in deep trouble.

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  • Can I cancel my TPO on my ex boyfriend I just found out I'm 2 months pregnant with his..?

    We went in front of the judge and was approved for a year TPO we have had it for almost a month now. I just found out I'm 2 months pregnant. What to do now?

    Joshua’s Answer

    If you fail to appear as a TRO petitioner, the court will generally dismiss the petition. Some judges get pretty miffed at no-shows, so be careful.

    That being said, getting pregnant is not the time to subject yourself to any physical abuse. Get protected.

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  • Can my abusive husband call police on me for slapping him in the face for his verbal abuse prior to that

    he knows I want to divorce him.we have a 2 mo old baby .he is verbaly abusive, and told me if I will touch him he will call the cops on me and then I will go to jail so he wll be awarded custody of our daughter, and two of my other kids( from 1st ...

    Joshua’s Answer

    • Selected as best answer

    Do Not Pass Go, Do not Collect 200$. You need a lawyer and fast. He is going to try and use some of the same old dirty tricks every abuser likes to whip out. You deserve better and safer conditions. As does your kid. Go get a lawyer and sock it to him. If you win the "race to the courthouse" it puts you in a better position.

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  • What can be done if ex shows up uninvited to my home?

    Ex has been out of kids life for over 6 years. She used to come to my moms home when she was interested in seeing them. One day she was seen by me driving my neighborhood. Several months later she showed up at my home. I asked her to not come to m...

    Joshua’s Answer

    You deserve some clarity and security in your life, and so does the child. Rather than a Domestic Violence Lawyer you may want to employ a standard Family Law person to set up a reasonable agreement to prevent these issues. Use a professional. "DIY" just means you are going to spend more later fixing your mistakes.

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  • 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

    My wife and i got into an argument where we both assaulted each other. she didn't call the cops but her family did and they said there was nothing they could do due to lack of evidence. she was contacted by someone from domestic violence and made ...

    Joshua’s Answer

    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.

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  • Can both parties end up with a finding of domestic violence at a TRO hearing?

    At a hearing for a restraining order, is it possible that a finding of DV can be found on both parties if the "protected" party has already admitted under oath at a separate hearing that they were the initial aggressor and the transcript from that...

    Joshua’s Answer

    Anything you say in court can be used by the State to prosecute you unless there is some form of privilege. I have seen more than one person talk themselves into new charges or even a trip to the jail because of something stupid they said in court. "Should have brought a lawyer" is what I tell them.

    Doing otherwise is like practicing surgery on yourself.

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  • I have a Temporary Restraining order on me and I had been served in 30 days of it being taking out so what happens after the 30

    days is over?

    Joshua’s Answer

    The above advice is well heeded. You should get a lawyer to attend and assist with the hearing as you are not trained to do it yourself and may inadvertently harm this (along with future) issues.

    A TPO will dramatically affect your rights (including your gun/2nd amendment) and places an additional burned on your personal behavior. It also subjects you to enhanced penalties in criminal courts.

    If you did not appear, likely the order was issued and your non-appearance does not affect that. You need to find out whats going on.

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  • Domestic violence, aggravated stalking, child molestation.

    My husband is obtained in maximum security at the moment. He violated a tpo. I filed for the tpo due to domestic violence. We have a child together, still a baby. my husband confessed to molesting a child a few years before I met him and he told ...

    Joshua’s Answer

    Go down to your local Superior Court and ask for the TPO One Stop Shop. They will assist you with the Order and also likely have a list of LOCAL practitioners who you should interview for long lasting assistance. You need a family law lawyer.

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