we have been living together since his stalking charge and did not know about him not being able to be near me. he is in the state of georgia no bond has been posted, he is also on probation for a dui so i dont know if that will affect him. i leave for the military soon and i need him out before i leave.
He should not have been charged with aggravated stalking if you consented to the contact.
Criminal Defense Attorney
Consent is a defense to an aggravated stalking charge. Moreover, if this was not a Family Violence TPO that he violated, there is no criminal recourse for violating the order with consent (note: you can be arrested for violating a FV TPO with or without consent). If it was a bond condition on his stalking case, the most they could do is revoke his bond. If it was a condition of his stalking sentence, the most they could do is revoke his probation. However, a new charge is not appropriate under these facts. He needs a lawyer to request a preliminary and bond hearing in this matter. A motion to dismiss can then be made at that hearing once you testify that you were allowing him to live with you. You cannot do this for him since you are not licensed to practice law. Moreover, he cannot effectively do this himself because someone needs to be able to cite the judge to the appropriate caselaw in support of this position. The best thing you can do for him is retain an attorney for him.
Allen R. Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144