My question involves criminal law for the state of: Georgia
I'll make this as short as possible.
My oldest brother is back in GA and is divorced, but they share the same property. There are two homes on it. One was a rental, the other their home.
The property is in both their names. Slightly more than an acre, houses about 60ft apart.
After the divorce, he moved to the rental, where he lives with his two sons, 17 & 18 years old.
The ex got a new boyfriend and he lives in her home.Since he has moved in, there have been all sorts of problems between my brother and his ex, and he and the boyfriend. The boyfriend built a fence between the houses and my brother took it down as it was a crappy one made of old pallets and destroyed the property value as well as violated ordinances.
I have been there on visits and have seen the boyfriend coming to my brother's house and starting problems with my brother, only for the ex to come over later and apologize because the boyfriend was drunk or argumentative.
Anyway, last week, my brother was served with papers to attend a warrants hearing on two counts of aggravated stalking. Contention is he can see her and is violating a "good behaviour" warrant issued against him and goes to her house.The hearing is this Friday coming.
Here are the questions I have:
He has video tape of her coming over to his house several times as well as her boyfriend. Are these allowed at a warrants hearing??- or will those be considered evidence for trial?
Since there is a warrants hearing and not an arrest at this point, wouldn't that indicate that her case is weak and the judge just wants to discover if there is enough evidence to continue?
Agg stalking is a felony in GA. If it was a severe case as she claims it to be, wouldn't a warrant have been issued already without a hearing? Both have "good behaviour" warrants on each other now.
A little history: There have been numerous run-ins with the law regarding those two. She has been arrested about 6 times for violence against him and her ex before him and was on probation and anger management because of it.
It has been to the point that the cops have had enough of them they have told them one more time of coming out to their place and BOTH would go to jail. My brother has not been arrested, though. Only her.
Neither of them have any money to speak of, nothing. They both are satisfied living under paycheck to paycheck, both are very very broke. Considering that, he cannot get an attorney. I asked if he contacted a PD and he said they won't touch it until he has been arrested, that defending during a warrants hearing is not their job, so he is going in with just his two boys and the video tape.
Neither will move as there is no money for that and cannot buy each other out to have sole rights to the property.
What could be used as a defense? What other suggestions can you make? I suggested everything I can think of. Anyone else want to throw in on this one???