I built the room that I was living in onto their home. My son and I had TPO filed against us because of her desire for a divorce. I am disabled and am currently staying in an unfinished basement sleeping on a concrete floor. The TPO states that I was spying on her and reporting her actions to my son.
Do I have any rights? I am homeless and on disability. I can't just go out and rent an apartment, I have only disability income.
Divorce / Separation Lawyer
I would recommend you speak with an attorney as soon as possible. It is important that you appear at the hearing on Monday so that you can address the allegations. Without seeing the petition and without knowing exactly what information you need, I can only give you limited advice. However, from what you have explained, it does not sound like she has alleged actual violence by you but that she is trying to allege she needs a protective order for stalking. So whether or not she can get a 12-month TPO against you depends on what acts she alleges you have taken in "spying" and whether she can present evidence that would prove to the court that your actions equate to stalking and warrant protection under the Family Violence Statute. If you cannot afford an attorney, at the very least you should consult with one for some basic advice on representing yourself on Monday. I have copied the statutes language defining Family Violence below.
Ga. Code Ann., § 19-13-1
§ 19-13-1. “Family violence” defined
As used in this article, the term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
The term “family violence” shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention.
Domestic Violence Lawyer
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.
Hey Look, A Disclaimer. And it is kind of witty. Kind of. To wit: Information Provided SHOULD NOT be relied upon as binding legal advice as no advice can be reliable unless a full review of all facts has been conducted. No attorney-client relationship exists unless there is a signed retainer between the parties. My Firm does not offer ANY tax advice. The Most Costly and Expensive Advice you will ever get is from a Cheap Lawyer. Do yourself a favor and interview several lawyers before choosing the one that works best for you. Remember, Bad Lawyers make all their money through marketing. Good Lawyers make all their money by winning cases.