I need an attorney. Atlanta, Georiga. Since 2019. 2nd offense for a TPO filed against me. I have an upcoming hearing

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Customer: I need an attorney
JA: To start, can you confirm the state you're in? These matters can differ depending on location.
Customer: Atlanta, Georiga
JA: How long have you been dealing with this issue? Where do things currently stand?
Customer: since 2019
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: 2nd offense for a TPO filed against me. I have an upcoming hearing scheduled for Monday, November 21, 2022
Answered by Dan Dufresne in 8 mins 6 months ago
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Dan Dufresne
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Dan Dufresne
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19138 Satisfied customers
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10+ years of experience
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Dan Dufresne
10+ years of experience
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19138 Satisfied customers

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Dan Dufresne, Expert

Good morning!
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Dan Dufresne, Expert

My name is ***** ***** I've been an attorney for 20 years.

Customer
Hello
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Dan Dufresne, Expert

I look forward to assisting you.

Customer
Ok
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Dan Dufresne, Expert

Greetings!

Customer
How are Attorney Dan
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Dan Dufresne, Expert

Good!   Thank you for asking.   Are you asking how to prepare for your upcoming Hearing?

Customer
Yea. Do represent
Customer
I need representation
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Dan Dufresne, Expert

I understand...   Importantly, as GA regulations explain, the petitioner must provide "proof of relationship to the respondent and proof of violence, such as assault, stalking, or threats.  

During the full hearing, the judge will hear your case and any witness testimony, review the evidence, and make a decision. The respondent is notified by the local sheriff’s department of and is expected to attend this hearing. The judge will either dismiss the petition due to insufficient evidence or grant a temporary protective order."

You will have the right to present evidence to refute the petitioner's allegations.   I recommend you visit https://www.avvo.com/ to find dozens of qualified Criminal Law attorneys in your area.

Do you have any additional questions for me? 

Customer
If the judge grants an order, does that mean I'll go to JAI
Customer
Jail...
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Dan Dufresne, Expert

Highly unlikely -- but you will be issued a stay away order.  Temporary protective orders usually expire after 6 to 12 months. The petitioner must petition the Superior Court if he/she wants the order to be extended or to be converted to a permanent order.  Is there anything else I can clear up for you?

Customer
But this will be the second TPO the allegations are false against me.The first TPO was issued in 2019 and had since expiredI've moved on with my life and the person that obtained the TPO is contacting me and I have proofBut she went back to the court and filed against meNow it's the 2nd one. The judge allowed me to postpone now the court is on this upcoming MondayI am extremely afraid and as I don't want to go to jailI've already spoken to an attorney attorney that reviewed partial of the allegationsShe said I could go to jail
Customer
What about this is the second time she's saying that I contacted her. I have proof she contacted me.If this is the second offense and she's awarded another TPO what's the worse case situationDoes that mean I'm actually going to jail for sure with a second TPO if she's awarded
Customer
How does the law workWhen awarded a TPO against someone does that mean a person is convicted? Then when the 12 months have expired if another TPO is filed does that mean it's considered a second offense and that's what a person gets convicted of?
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Dan Dufresne, Expert

Have you violated the TPO by contacting the alleged victim?

Customer
No. The first one was overNow she's trying to get another TPO against me for the same thing
Customer
How does the law work when the 12 month protective order is expired now, 2 years later she goes back to court and lied and said that I called herShe's trying to obtain another protective order civillyCan I go to jail if the judge grants another order for the same thing?Is what I'm try to understand the law
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Dan Dufresne, Expert

Generally speaking, a defendant must violate an existing Order before facing criminal charges.  As WL explains:

"If the abuser violates the order, s/he can be arrested. You can call law enforcement and report that you have a family violence protective order and that the abuser has violated the order.

For a non-violent violation of certain terms of a family violence protective order, the abuser can be convicted of a misdemeanor crime of violating a family violence order.1 It can also be possible to be convicted of the felony offense of aggravated stalking if the abuser follows you, places you under surveillance, or contacts you without your consent for the purpose of harassing and intimidating you."

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Dan Dufresne, Expert

Is there anything else I can clear up for you?

Customer
One more question...I totally appreciate you
Customer
Since the first Protective Order has expired and I didn't violate any order but now 2 years later, the accuser tries to obtain another order would the law still applies that she can get another 12 months protective order and or request for a permanent order, and if the accuser can prove that this is a problem, could the judge order an arrest or does another 12 month protective order gets granted and everything starts all overOrCan the judge combine both cases and send me to jail?
Customer
Even though I have not violated any orderI have proof that the accuser contacted me
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Dan Dufresne, Expert

If you didn't violate the order, a judge isn't going to send you to jail.   The new order will be determined based on the totality of the circumstances with a fresh review.
Customer
Thank YOU!!!! This is the answer I was trying to derive at.I really need representation because there are a lot of lies within the accuserDo you represent new clients and if so what is your retainer fee?
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Dan Dufresne, Expert

Thanks for the kind offer but I'm unavailable.  Please visit www.avvo.com to find dozens of attorneys in your area.

Customer
Ok
Customer
Nothing else
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Dan Dufresne, Expert

I hope I've been able to assist you!


If you would like to ask me another question in the future, you can add me as a favorite Expert. You’ll have the option to do that on your “My Questions" page.


Have a good evening!

Customer
Most definitely. Are there any reviews that I can give a compliment?
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Dan Dufresne, Expert

Cheers!  You should be prompted at the My Questions page.  Hang in there!

Customer
Thank you so much for the encouragement
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Dan Dufresne, Expert

Pleasure!

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