Legal Question in Criminal Law in Georgia

Husband In Jail for Crime Not Comitted

Exlandlady tried to have my husband arreted for Simple Assault.Judge threw it out.She managed to get a TPO on my husband. She was not allowed to file for the Writ until 9-27-2003.SHe filed it 9-2-03.Husband & I went to house on 10-1-03 to get the rest of our stuff.It was on the street.With him having the TPO he didn't even stop cause she was there.A gentleman stopped ask if i needed help. SHe asssumed it was my husband which it wasn't called the police again they picked him near the main road.Went to talk to her and she bold faced lied to the officer cause she wanted my husband locked up.Well with show she put on the officer took my husband to jail for Agg.Stalking and didn't even come and ask me what was going on.THe officer threatened my husband.Told him if he didn't shut up he would take him up the street and beat him.The same officer earlier to me to shut the f up.The landlady stole alot of our stuff and cut my clothes up.So what do I do?If the Writ wasn't suppose to be gotten til 9-27,she filed a false police report tohave my husband thrown in jail,stole alot of our things and cut my clothes up.


Asked on 10/07/03, 8:27 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Husband In Jail for Crime Not Comitted

You didn't make clear why or how she was forbidden from filing for the TPO before 9/27. That is very important. Normally, a person can file for one of those any time they want to. As to whether his being nearby violated the TPO, that would depend on the language of it. It also does not make clear if the stuff was in an apartment/house that was still his/yours and how he could have been enjoined from his own home, if it read that broadly. If you want to try to clarify these points, e-mail me with clarifying details at [email protected].

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Answered on 10/07/03, 5:28 pm


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