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Cartersville Legal Blog

What are the penalties for domestic violence crimes in Georgia?

Georgia's domestic violence statute was formally known as the Family Violence Act. It protects family members in the state from emotional, sexual and physical abuse at the hands of their relatives and loved ones. It applies to romantic partners, whether they're married or not. It also covers kids, whether they're blood-related, stepchildren or foster kids and their parents. This piece of legislation also covers other people who formerly resided in the same home with one another. Individuals who violate this law face stiff penalties for doing so.

Anyone who claims that they've been subjected to domestic violence at the hands of another individual may petition a judge for a Family Law Protective Order. The initial restraining order that may be put in place may be an emergency order. It may be written to remain in effect up until the judge can hold a hearing in the case. A judge may decide to sign off on a more permanent protective order after weighing the evidence presented in court.

Is your recent divorce making you worry about the holidays?

Filing a petition for divorce in a Georgia court might have been one of the most difficult decisions you've ever made. Then again, depending on your circumstances, it might have felt more like a logical unfolding of events. Either way, if you're like most parents, you've likely been concerned about your children, especially now that the holidays are fast approaching.

Divorce changes children's lives, even in low-stress situations. For instance, if your kids are used to having both sets of grandparents to your house for Thanksgiving dinner, they might ask questions about your plans for this year. As long as you and your ex are willing to focus on their best interests and not your past relationship problems, things have a good chance of working out okay. It's always smart to think ahead and have a support plan in mind in case a problem arises, however.

Boredom and inattention silently cause an accident epidemic

If asked to list out the main causes of car accidents, what would you note first? Drunk driving? Texting and driving? Speeding?

These activities all do connect to car accident statistics, and it's good that you're mindful of them. However, there are other reasons that are silently flying under the radar and causing a lot of crashes. Many people have no idea they are even an issue at all. They are:

  • Boredom
  • Inattention
  • Mindlessness

Fewer Georgia police departments are requested Breathalyzer tests

The Georgia Supreme Court ruled that it's unconstitutional for prosecutors to admit into evidence that a defendant refused to perform a breath test back in February of this year. They argued that it violated that individual's Fifth Amendment protections by doing so. Refusal of a blood test still can be admitted into evidence in Georgia courtrooms though.

Police officers across the state used to first explain implied consent laws to suspected motorists before ultimately administering breath tests. Most of them have stopped asking suspected intoxicated motorists to take breath tests ever since the Supreme Court made their ruling back in February though. Many officers report that suspects now either have to voluntarily say that they either want to refuse or to take the test.

Police officers need a reason to stop your car

Do you tense up when you see a police car in the mirror? Do you slow down whenever you see one parked on the side of the road even if you're not speeding?

Though these reactions are natural for a lot of people, the police officers have to find a reason to stop your car. They cannot stop you randomly unless it's a DUI checkpoint. That infringes on your rights. They need to see you make a mistake or have reasonable suspicion that you're breaking the law -- by driving under the influence, for example.

Can a divorce be predicted in advance?

Have you ever attended a wedding and thought, "This will never last?" If so, your instincts may be picking up on subtle cues that a couple isn't really compatible. Researchers say that there are several scientific ways to predict a divorce.

So, what are the biggest predictors of long-term marital instability?

Informal negotiations may make divorce less stressful

You are eager to finally get divorced and experience life on your own terms once again. However, your biggest fear is going through a hostile divorce process before you experience the freedom that divorce will bring.

The good news is that your divorce process does not have to be acrimonious. Instead, you and the other party can work together to achieve an outcome that satisfies you both -- without all of the drama typically seen in a divorce court on television. Let's take a look at how you and the other party can minimize conflict during the divorce process in Georgia.

These money problems could lead to divorce

Money causes divorce, regardless of your financial level. When couples don't agree about how to spend or save money, it can lead to serious issues with the relationship, even if they're relatively wealthy.

That said, many money problems that lead to divorce come from a distinct lack. Not being able to make ends meet puts a lot of stress on a couple or a family. Remember, stress is also linked to divorce. Some of the money issues that can end a marriage include:

  • Worrying about your financial situation all the time because you just feel like there's never enough money.
  • Always wanting to buy the most expensive items when less expensive options would be fine.
  • Racking up a lot of debt on credit cards; this can happen when you don't earn enough money for your lifestyle or even when you do have a good salary.
  • Taking out too many loans. For instance, maybe you have student loans and a mortgage, but you're considering more loans on top of that.
  • Buying things that are a "bad" investment before things that are a good investment. For instance, spending on an expensive car instead of a house.
  • Ignoring complaints from your significant other about your spending habits.

Georgia community mourning death of 14-year-old pedestrian

The family of a 14-year-old boy who died after he was hit by a car is mourning his loss.

The teen was crossing Donald Lee Holloway Parkway in northwest Atlanta on Sept. 6 when he was hit by a Chevrolet Camaro. He was headed to the school bus, according to media reports. He died the following day at Grady Memorial Hospital.

How 'optimism bias' leads to accidents

The next time you see someone texting in traffic, consider what they must be thinking. Surely, they know that texting and driving causes accidents. Maybe they don't know the exact statistics, but they know that the risk of an accident goes up when they choose to do it. That doesn't stop them. Why not?

Odds are, the reason is that they think that it will not happen to them. This is often called "optimism bias" and it's something many people suffer from. They know that bad things happen, but they think someone else will suffer those negative outcomes and they'll be fine. They think the texting driver who crashes will be one lane over and the passenger who loses their life will be in another car.

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Stahl & Hidir P.C.

Stahl & Hidir P.C.
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Suite 445
Cartersville, GA 30120

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