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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 3459
Experience:  Experienced Family Law Attorney
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how do I draft a motion to dismiss Georgia O.C.G.A. 19-13-

Resolved Question:

how do I draft a motion to dismiss Georgia O.C.G.A. 19-13-1
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

legalgus1 :

Hello...

legalgus1 :

One moment please as I read....

legalgus1 :

Are you trying to get a RO that was issued against you; or did you change your mind about one you had issued against someone else?

legalgus1 :

Hello? I am trying to determine if you are trying to get a RO dismissed that was filed against you; or if you would like to dismiss one you had filed against another party?

legalgus1 :

If it is against you, you would need to bring evidence to the hearing disputing the charges. The more detailed evidence you have the better.

legalgus1 :

If you no longer want to pursue it against a third party, you simply need not show up and the judge will dismiss it.

Customer:

The TPO was not granted ex parte there is a hearing on thr 19th. There has not been any violence, battery, simple battery, assault, simple assault, damage or criminal tresspass. I have throw what she did to me in her face. which was verbal mental and financial abuse. I also figured out she cheated on me and have thrown that in her face also.

legalgus1 :

Here are some free resources in Georgia http://www.fultoncourt.org/family/family-domviol.php.

legalgus1 :

So she's getting one against you for verbal abuse.

legalgus1 :

Since it will be a full hearing, be prepared to have testimony stating how you treat her i.e. that you don't abuse her. If you have seen a therapist and the report is favorable, bring that.

Customer:

How can it be verbal abuse against me if that is what she did to me?

legalgus1 :

You don't really draft a motion to dismiss as this will be a hearing and the judge will consider the evidence. You can't just arbitrarily have it dismissed.

legalgus1 :

Oh, so the RO is against her?

Customer:

Even if there is no basis for the complaint?

Customer:

she filed against me

Customer:

she says it is harassment

legalgus1 :

Gotcha. So she is alleging you verbally abused her. You need to have evidence proving this is wrong. Normal evidence includes testimony, declarations, therapists' reports, etc.

Customer:

it does not meet the requirements of the statute

legalgus1 :

The judge will determine that as this is an evidentiary hearing.

Customer:

she has not alleged verbal abuse

Customer:

how can I be the one for verbal abuse if I only stated the truth?

legalgus1 :

Again, that is what the judge will determine. It will be a matter of he said, she said.

legalgus1 :

Anything else I can help you with?

Customer:

Can I ask for a dismissal on the grounds that it does not meet the state statute?

Customer:

in court

legalgus1 :

one moment

legalgus1 :

The thing is verbal abuse counts as domestic violence. The point of the hearing is to determine if you abused her, physically or verbally. The judge will dismiss it if he believes her over you. Make sense?

Customer:

So throwing it in her face constitutes verbal abuse?

legalgus1 :

It can, if the judge deems you did it unreasonably. What used to be acceptable is often frowned on now.

Customer:

understood.

LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 3459
Experience: Experienced Family Law Attorney
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