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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86526
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My friend and his wife were having an argument and my friend

Resolved Question:

My friend and his wife were having an argument and my friend caught his wifes hand. Accidentally, his nails dug into her arm and she carrying a fairer complexion, she had his finger prints on her arm and nail marks. But nothing serious. This happened 9 -10 months ago. The had spent some very good time after that. but now because they are having arguments again, the wife is threatening to press criminal charges against him for what has happened 9 months ago and for what she has taken pictures of. can she do that?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Ely replied 9 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your friend's situation. Can you please tell me if she still has said marks, or not?
Customer: replied 9 months ago.

No I don't think she has any marks

Expert:  Ely replied 9 months ago.
Thank you.

Family violence is taken very seriously by the authorities, but in this case, this may not become a case.

First of all, understand how this works.
1) a police complaint is filed;
2) the police investigate by questioning all parties involved and reviewing the evidence;
3) they pass on the information to the District Attorney;
4) the D.A. makes a decision whether to charge or not.

Complaints of violence are picked up depending on how likely they are to be prosecuted. Here, this event occurred 9-10 months ago. Also, she has no marks on her anymore. Any skillful defense attorney can pick this case apart by arguing:

1) Why did she not complaint immediately, and wait 9/10 months?
2) Where is the evidence?
3) How do we know she is not just mad at him and is making this up?

As such, the prosecutor is unlikely to pursue this even if she files a complaint, because the chances of conviction are slim.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

And they are not staying together since the past 8 months. Just an FYI

Expert:  Ely replied 9 months ago.
Then that makes it even more unlikely for this to be pursued. In this case, she will very likely seem like a "woman scorned" and the prosecutor is unlikely to pursue this case - it would be near impossible to prove (no proof, 9/10 months later, split up parties with one upset at the other).

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 9 months ago.

well, the proof that she is showing is the pictures she has taken. The pictures don't carry my friends face but only a 5% face of his wife's face and the two nail marks.

Expert:  Ely replied 9 months ago.
Then he can argue that:

1) This is not really her;
2) The marks are not from him but are self-induced;
3) She is doing this because she is mad at the split up...

Etc.

I simply do not see the likelihood of a case here even if she alleges. Of course, it is best to DENY everything via counsel if she does and the police wish to question him. But in the end, I do not see this becoming an issue.
Customer: replied 5 months ago.

Ely,


 


I have a follow up question on this one. My friends wife that I mentioned in this thread is staying away in Boston. My friend is in Atlanta, GA. In a months time she will have stayed away from him for a time period of 1 year. Can that be used as ground for divorce in the state of GA?


 


Thanks

Expert:  Ely replied 5 months ago.
R,

Thank you for your follow up.

First of all, understand that either party can file for divorce simply based on the fact that the marriage is irrevocably broken. There is no need for a any other reason or length of time.

Or, he can divorce based on a fault. For more, see here.
Customer: replied 5 months ago.

But if length of time has to be mentioned, is there a specific time period? Please let me know.

Expert:  Ely replied 5 months ago.
R,

This is in the link:

NO FAULT
To obtain a divorce on this basis (irretrievably broken), one
party must establish that he or she refuses to live with the
other spouse and that there is no hope of reconciliation. It
is not necessary for both parties to agree the marriage is
irretrievably broken. Also, it is not necessary to show that
there was any fault or wrongdoing by either party.

FAULT
To obtain a divorce on one of the 12 fault grounds, one
must prove that there was some wrongdoing by one of the
parties to the marriage.

As an example, one fault ground is adultery. Adultery in
Georgia includes heterosexual and homosexual relations
between one spouse and another individual.

Another fault ground for divorce in Georgia is desertion.
A divorce may be granted on the grounds that a person
has deserted his or her spouse willfully for at least one
year. Other fault grounds include mental or physical
abuse, marriage between persons who are too closely related
mental incapacity at the time of marriage, impotency, force or fraud in obtaining the
marriage, pregnancy of the wife unknown to the husband
at the time of the marriage, conviction and imprisonment
for certain crimes, habitual intoxication or drug addiction
and mental illness.

So for no fault, no time is needed. For a fault, there can be desertion - one year is required.
Customer: replied 4 months ago.

Eli,


 


i am asking you a follow up question because you know the background of this case from our previous conversations.


 


My friends wife says she wants to come back now and My friend is afraid, if she will hurt herself and put the blame on her. He could have applied for divorce in USA but it is not valid in India. In the mean time, can he talk to a lawyer and get a restitution order?


 


thanks

Expert:  Ely replied 4 months ago.
Hello R,

You mean a restraining order.

Question:

1) Has the wife threatened him in any way to per his safety?
2) Where your friend lives now, is her name still on the lease/deed?
Customer: replied 4 months ago.

1. His wife has sent emails accusing him of hurting him even though that is not what has happened. He is worried once she is here she will do that again. Now that his wife is away from him since the past 1 year he is on a safer side. Once she comes here he is worried if something like this will repeat.


2. The lease is only on my friends name not on his wifes. But i heard in the state of GA, it is automatically implied that the wife is included?


 


Thanks

Expert:  Ely replied 4 months ago.
Thank you.

A restraining order cannot be filed unless the party actually threatens or has acted upon a threat of harm. See here. from what you are telling me, she has not done something like this - yet.

However, because the lease is only in his name, he can keep her out. No, it is not true that in GA, the spouse is automatically included - you are thinking of a real estate purchase. This is a lease - it is different. He does not have to allow her to come in.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 4 months ago.

I am sorry for the wrong information. My friend owns a home. he purchased the property last year and the title is on his name. He has been paying the mortgage from his own earnings since day 1.

Expert:  Ely replied 4 months ago.
Thank you.

In GA (unlike other states), a spouse is not mandated to sign the property's deed.

Unless the court states otherwise, this is his property. So my answer stands as is: He does not have to allow her to come in.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86526
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other Criminal Law Specialists are ready to help you

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