Can they do this? Is this an actually law even if I didn’t a hear to it? What can I do?

Question:

Can they do this? Is this an actually law even if I didn’t a hear to it? What can I do?

“My boyfriend is in jail because of a simple battery charge. This is his second charge, but with different people. The first with his step dad and the second with me. The charge that involves me is being treated way different than the one with his step dad. Supposedly they have a “stay’away” order between us. I can’t visit him,write him, basically nothing. BUT I haven’t seen a judge or seen/signed any papers enforcing this. This was not the case at all with his dad. He could see him and everything. And the assault on him was actually physical. The charge with me was an agarguement. He got charged because he wrapped his arms around me. Trying to talk. I don’t understand why they are keeping us away from each other and threatening to lock me up if I try and come to visitation. The DA said I had to talk to the judge but he want return my calls. That’s if the courthouse is even giving him my messages.”

Answer:

In a Domestic Violence case like yours it is common practice for there to be a “Stay Away” order. The “stay away” order is designed to protect the victim in the domestic violence case. In my area of the state (south Georgia) it is virtually automatic. You mention that the DA told you that you would have to talk to the judge – that means in Court. It doesn’t mean that you should call the judge on the telephone and request the “stay away” order be removed.

There are basically two ways that this issue can be addressed. 1. At your boyfriends next court appearance you could appear and request the Judge to remove the “stay away” order. You will need to provide the Judge with all of the reasons that you believe the “stay away” order should be removed. Be prepared to face questioning about what happened during the argument and in any other previous incidents that have occurred between yourself and your boyfriend. 2. Your boyfriends attorney could request a modification of the “stay away” order. The attorney could then prepare and present the necessary arguments and facts that would support the request to remove the “stay away” order.

Probably the best thing that could happen is for your boyfriend to be represented by the best criminal defense attorney that is available to him. His attorney could then address this situation and work to resolve the charges in an efficient manner. I hope this information has been helpful to you.

George McCranie – Offices in Valdosta & Douglas, GA

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