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  1. #1

    Default Felonies, Misdemeanors, Probation Revokes and the Whole 9 Yards

    My question involves criminal law for the State of: Georgia

    Long story short to explain my situation: I've been married 3 years. Left after 10 months due to physical, emotional and verbal abuse. He was arrested for Terroristic Threats against me. (Has prior felony conviction for solicitation to have his ex murdered - served 10 years, plus numerous misdemeanors) Said he had changed, sounded humble and remorseful, stupid me believed him, hired an expensive attorney, got him 5 years probation, stating no violence against me while on probation.

    Things got bad again, he was arrested on misdemeanor simple assault. Said he had changed, blah, blah, blah. I get stupid again and I hire yet another expensive attorney. He gets 1 month of strict probation and community service and he had his probation time knocked down to 6 months, and again it was stated as having no violence against me.

    Guess what? He was just arrested 5 days ago for 2 counts of assault against my son and myself, both misdemeanors. He bonded out and signed a no contact bond (without my help or knowledge that he would even be elligible for bond under the circumstances of his colorful history) and the idiot calls me less than 30 minutes after he's realeased. I was on the phone for almost 3 hours trying to find someone to arrest his butt cause he signed a no contact bond. He contacted the sheriff's office to have them escort him to the house to pick up some of his things. (Guess he was the stupid one this time, thinking I wouldn't call the police on him cause I hadn't in the past)
    Luck was on my side because I was standing there talking to the sheriff when all this happened. The sheriff had 2 TPO's for him, along with a probation revoke. Nice gift for my husband who was standing on the doorstep thinking the nice officer was going to let him in to gathet his things. Well, he called me again from jail. I didn't call the police or sheriff. I want to...I know I should...but I know he's in enough trouble as it is. They told me they were going to serve him on aggravated stalking charges when they picked him up at the house, but not sure if they did or not.

    Question is: Should I do the smart thing and call the sheriff and tell them he called me from jail? I didn't talk to him, I just hung up. I'm thinking they'd slap him again with another aggravated stalking charge, which is a felony.
    How much time is he looking at? My son and I go to court in a few days for a restraining order. Both prior times, I changed my mind and they were dismissed. I'm not going to back down this time. He involved my son this time.

    I also want to get a divorce that's not going to cost me a fortune......we own a home together and his car is in his name only. He doesn't work. He collects social security and VA. He'll lose one or both. He paid all the utilities and most of the groceries and I paid the mortgage and some of the groceries.

    I'm not even sure how to go about filing for a divorce, cause he probably won't sign nothing. He was demanding 15 grand from me and he'd walk away. (My 401K went into this house...he put down 0, nada, zilch.) There's no way he'll sign a contested divorce and I don't have the $$ to fight him on it. I was told it shouldn't be hard, especially if he goes to prison and he's had SO much domestic violence issues with me.

    What are your thoughts about jail/prison time? Should I call the sheriff and tell them he tried to make contact with me again? The phone # is recorded on my cell phone, so I have proof. I guess I'm looking for an easy out because it's been such a hard road for me and I don't have much energy or money left! What kind of time is he looking at?

    Thanks in advance for any knowledge and wisdom that you can give me. My mind is nothing but mumble jumble right now, and I want to do the right thing.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Felonies, Misdemeanors, Probation Revokes and the Whole 9 Yards

    Should I do the smart thing and call the sheriff and tell them he called me from jail? I didn't talk to him, I just hung up. I'm thinking they'd slap him again with another aggravated stalking charge, which is a felony.
    YES, YES, YES! and EVERY single time he calls.
    How much time is he looking at?
    That depends...likely some if you get a felony charge to stick. He's looking at serving the time on the original sentence that he got probation for.
    I'm not even sure how to go about filing for a divorce, cause he probably won't sign nothing. He was demanding 15 grand from me and he'd walk away. (My 401K went into this house...he put down 0, nada, zilch.) There's no way he'll sign a contested divorce and I don't have the $$ to fight him on it. I was told it shouldn't be hard, especially if he goes to prison and he's had SO much domestic violence issues with me.
    This site should be a good start for you
    http://divorcesupport.about.com/od/u...orgia_laws.htm

    He doesn't have to agree to the divorce, the judge can grant you one without his okay or not. I highly advise that you DO NOT pay him anything. Your going to need to get an attorney to protect your interest.

    You should also look into contacting the local abuse shelter. They will be able to help you in the right direction with the whole divorce process.
    I'm glad you got out...

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Felonies, Misdemeanors, Probation Revokes and the Whole 9 Yards

    If you can prove that it was your money that paid for the house, you may be eligible for a larger share of the house than he is.

    You realllly need a lawyer. You can't afford *not* to have one in this case.

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