Family Violence Charge Dismissal

Summary

Grounds for dismissal of a family violence charge in georgia can include lack of evidence, violation of rights, or witness recantation. If the victim and accused live separately, this may affect the charge. Third-party testimony without victim support can weaken the case. Handwritten witness statements can help but are less effective than in-person testimony. Notarization is not required but can add credibility. Consider legal representation for a stronger defense.

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All the witnesses in my case have attested they have no intention in showing up to the court case. Would that be most appropriate or for them to show up and attest that no violence or actual battery ever occurred?
It's generally more effective for witnesses to appear in court and testify directly. Their presence can strengthen your defense, especially if they can provide firsthand accounts that no violence or battery occurred. Would you like more information on how to prepare for the court appearance?
Yes. In Georgia, family violence is considered to happen between two individuals that actually reside in the same home. The "victim" and myself live in separate residences though. The "victim" never attested to police that any battery occurred whatsoever. A third party not involved in the argument that was held between the "victim" and I was the only that related to police that any forms of battery occurred whatsoever.
In your case, if the "victim" and you live in separate residences, this could potentially affect the family violence charge, depending on the specifics of the law in your state. Here are some points you might consider:
- Residency Requirement: If the law requires cohabitation for a family violence charge, this could be a defense.
- Third-Party Testimony: The reliance on a third party's account could weaken the prosecution's case if the primary involved individuals deny the allegations.
- Victim's Statement: Since the "victim" did not attest to any battery, this could be pivotal for your defense.
Would you like to know how to best present this information in court?
Yee
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It's important to present your case effectively in court. Here are a few suggestions:
- Gather all relevant documents and evidence.
- Prepare your witnesses, ensuring they understand what to expect.
- Consider legal representation to present your case efficiently.
If you need more information on presenting your case, feel free to ask!
No witness statements were taken down by police officials at all. Does this assist at all?
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The lack of witness statements taken by police can potentially assist in your defense as it may indicate a lack of evidence against you. However, it's crucial to have the witnesses testify in court to strengthen your case. Would you like more information on preparing for your court case?
Yes
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It sounds like you have a potentially strong case, especially with the lack of witness statements and the residency issue. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can gather some basic information to help connect you.
What is your phone number?
*
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This seems like a high-value case, and connecting with a local lawyer could be beneficial. Could you please provide your name?
Cody Davis.
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It seems like your case has several elements that could be in your favor, and connecting with a local lawyer would be beneficial. Could you please provide your zipcode?
Could hand written "witness" statements assist? Would they need to be notarized?
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Handwritten witness statements can assist, but they are not as strong as in-person testimony. Notarization isn't necessary for court, but it can add credibility. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can gather some basic information to help connect you, including your zipcode.
Yes I have another question please
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Sure, Cody! What's your next question?