how can i defend an exparte TOP when i am the dependent spouse and have no access to finance or even a place to stay?

Atlanta, GA Viewed 20 times. Posted about 1 month ago in Criminal Defense

am asking above on behalf of my brother who as a result of the TOP found himself penniless and homeless and ended up being sectioned as being suicidal and until he is released has no access to make any enquiries. is he entitled to free legal advice? His case is to be heard on 10 nov, can he swear an affidavid and leave the country to stay with family abroad as he has no means of surpporting himself in atlanta? If he can be sent some money by myself how much approximately would handling this sort of matter cost? His home address is Atlanta, Georgia and i live in the uk. he is a british citizen and is legally married to an american for 6 years. they have a 5 year old daughter. he has been a house husband and primary carer.

Answers (1)

John Preston Smith

This attorney is licensed in Georgia. Posted 28 days ago.

If I understand you correctly your brother was removed from the marital residence based on an ex-parte temporary protective order obtained by his wife because of some underlying altercation between those two.
I do not believe he would be entitled to free counsel...although it could not hurt to contact the Atlanta Legal Aid. The hearing on the 10th is most likely to determine whether this order should be extended for 12 months or dismissed. I don't understand why he is not able to make phone calls...has he been involuntarily committed to a hospital. If not he can leave at any time but he CANNOT try to see his wife or child. If he consents to the 12 month TPO then he may not have to appear at hearing, HOWEVER there are many concerns to discuss and for him to understand if he does consent; for example: he will be put on a national family violence directory, he will be unable to have any firearms, it may have an affect on his legal status in U.S., it definitely will have an affect on the custodial rights to his daughter and he will in all likelihood be made to pay his spouse monthly child support. If he does not consent he will have to present evidence to the court at the hearing as to why a 12 month order is not needed. This is a very serious thing and his mental condition is problematic. He needs legal counsel. As far as cost of that goes I would imagine it would cost several thousand dollars and attorneys will usually require that money up front.