A Temporary Protective Order, or TPO, is an order issued by the court designed to protect victims of “family violence” from harassment and/or abuse. The order will require that the alleged aggressor keep a distance from the petitioner’s place of residency and employment, and prohibits them from initiating any kind of contact. This order may …
Continue reading “Securing a Temporary Protective Order (TPO) in the State of Georgia”
Finding yourself pulled to the side of the road after stopping for a drink with a friend can be a terrifying moment. Even if you’ve only had one alcoholic beverage, you could be driving illegally, and in the moment, it can be impossible to know for sure. Many drivers don’t understand Georgia’s Driving Under the …
Continue reading “Be Prepared: Understanding Georgia’s DUI Laws”
The controversy continues over Georgia’s so called “religious liberty” bill. House Bill 757 would allow faith-based organizations to deny services to those who violate their “sincerely held religious belief.” Under the bill, clergy could refuse to perform gay marriages, and opponents of same-sex marriage would be allowed to deny services to gay and lesbian couples. …
White-collar crime encompasses a full range of financially motivated, nonviolent crimes committed by individuals, businesses, and government officials. There are many different types of white-collar crimes, and depending on the circumstances, charges can be brought as either a misdemeanor or a felony. In addition, an individual convicted of a white-collar crime may face civil lawsuits …
Continue reading “White-Collar Crime: Charges and Consequences in the State of Georgia”
When parents decide to get a divorce or unwed parents have a child, custody agreements get put in place. In Georgia, child custody and visitation orders are always based on the best interests of the child. When evaluating the child’s best interests, parents submit parenting plans to the court, which may include topics such as …
Continue reading “Understanding Custody Modification in Georgia”
For many parents who have either never been married or are divorced, child support plays a major role in their financial realities. While the laws can become rather complicated, having a cursory understanding of the basics of Georgia’s child support laws can help parents comprehend and plan for child support payments. Income Shares Model of …
In many divorces, one of the most common areas of contention is the division of assets. Whether discussing property, savings, or even debt, this step can be stressful and emotionally-charged, especially if either of the parties are entering into the discussion with unrealistic expectations. Therefore, understanding the concepts of marital property, separate property, and commingled …
Continue reading “What’s Yours and What’s Mine: Understanding Commingled Marital Assets”
In Georgia, criminal property damage is the most common form of property damage. Broken down into 1st and 2nd degree charges, both forms of criminal property damage are felonies and can lead to life-altering consequences. However, the severity of sentencing relies heavily on whether the defendant is charged with 1st degree or 2nd degree criminal …
Continue reading “Understanding Criminal Property Damage Charges”
In the State of Georgia, paternity and legitimization of a child born out of wedlock were long held as two different processes. Paternity established that the man was the biological father, but the law required a child to be legitimate before the father could pursue custody and visitation issues. However, since 2005, parents can establish …
In the State of Georgia, the assault laws include offenses for assault and battery, and both are taken very seriously. Depending on the details of the charges, both assault and battery can be either a misdemeanor or a felony. The difference between assault and battery is rather simple: Assault is the threat of or attempted …
Continue reading “Assault and Battery: Understanding Georgia’s Assault Laws”
When speaking with a lawyer about an intended divorce, the first question that he or she may ask is whether it is uncontested or contested. This can mean the difference between a relatively simple parting of ways or a complex process of court-mandated terms. Uncontested Divorces In an uncontested divorce, both spouses agree on all …
Continue reading “Understanding the Impact of Contested Versus Uncontested Divorces in Georgia”
In a recent DUI case, Patrick McDonough of Andersen, Tate & Carr filed a Motion to Suppress on behalf of his client, resulting in a successful dismissal of the case being brought against the Defendant. Last April, a 19-year-old driver was pulled over for a suspected DUI in Athens, Georgia. An officer from the Athens-Clarke …
Continue reading “Successful Motion to Suppress Results in Dismissed DUI Case”
A recent ruling by the Georgia Supreme Court may be challenging the constitutionality of some DUI chemical tests. In March of this year, the Georgia Supreme Court ruled that John Williams, who was pulled over for a suspected DUI in 2012, may not have “actually” consented to giving his blood. In Williams v. The State …
According to the United Way of Greater Atlanta, “approximately 10 percent of the population entering jail or prison is homeless,” which means that as these incarcerated individuals reenter society upon their release from jail or prison, they are likely to return to the streets. As attorneys, we see first-hand the challenges facing those who have …
Continue reading “Helping Reduce the Rate of Repeat Offenders through the GRIP Program”
Most people have experienced a moment in life when they had a lapse in judgment. Georgia’s First Offender Act (O.C.G.A. 42-8-60 et. seq.) is a law aimed at giving some first time offenders a second chance. For those who are eligible, the First Offender Act protects a person from a conviction and seals the charge from …
Continue reading “HB 310 Expands Access to Georgia’s First Offender Act”
According to the Centers for Disease Control and Prevention, an average of 44 people in our country die from an overdose of prescription painkillers each day. Trust for America’s Health further specifies that the number of drug overdose deaths in Georgia has tripled between 2010 and 2013, with prescription drug related deaths now outnumbering deaths …
Continue reading “Understanding Georgia’s 911 Medical Amnesty Law”
Divorce is one of the most stressful and emotionally draining events that can happen in a person’s life. At Andersen, Tate & Carr, P.C., we are not only passionate about being legal advocates for our clients; we are dedicated to being compassionate and understanding during our client’s time of need. Recently, Trinity Hundredmark received this …
Continue reading “Client Testimonial Following Highly Contested Divorce Matter”
After attending a family event and enjoying a couple of cocktails, a 49-year-old Gwinnett County resident and business-owner caught the attention of local law enforcement when they spotted her car weaving on the road. The police officer pulled her over, asked about any pre-existing medical issues and began running through a series of sobriety tests. …
Continue reading “Experienced Defense Attorney Pat McDonough Gets Tough DUI Case Dismissed”
Driving under the influence of alcohol is an offense that the State of Georgia does not take lightly. Although DUIs are typically considered misdemeanors, there can be extenuating circumstances that advance it to be a felony charge. Typically, the officer will first try to establish how much you have had to drink and then request …
Continue reading “What You Need to Know About Your Georgia DUI”
There is a general misconception that Federal courts handle severe offenses, while State courts handle less harsh crimes. However, this isn’t always the case. In fact, Federal courts deal only with violations against Federal law. If an offense goes against both Federal and State law, the Federal courts can decide whether they will pick up …
Continue reading “State and Federal Cases: Do You Know the Difference?”
