Legal Question in Criminal Law in Georgia

Simple Battery

Tomorrow I am about to go to court to defend myself against my daughters father. The both of us got into an altercation at her school when I said something he did not want to hear and grabed her shoulders and arm and twisted her around to force her away from me. She looked at me and yelled back to me ''Mom''. I stood there for a minute and thought what to do. I felt I had to help her he still had a hold of her arm in a twisted position. I went after her and told her to come with me. I grab her arm and started to led her away. He came from around the other side and shoved me with his elbow and grabbed my arm and her arm to pull us apart. I stumbled back and tried to separate him from her by grabbing his shirt and some skin(for a split sec)I let go,he step off the curb with her and I pushed his back. Everything happened so fast. They walked away and I stood there and watched them walk to his car and drive away. I then called the police. Because I didn't have any witnesses or marks on me there was nothing they could do. I didn't press charges because I didn't want to envolve my daughter anymore than she had to. He has filed motion with the magistrate court saying I attacked him. What are the chances that I will be arrested?


Asked on 9/13/05, 12:48 pm

1 Answer from Attorneys
Kendall Carter The Law Offices of Kendall W. Carter, LLC

Re: Simple Battery

There is a 100% chance you will be arrested if you DO NOT show up in Magistrate Court. If he is the only person in court there to tell the Magistrate what happened, the Magistrate will issue a warrant for your arrest based on his uncontested application. If you are there to tell your side of the story, in all likelihood, the Magistrate will be more reasonable with you. Just be calm, be respectful of the Magistrate, don't interrupt the Magistrate, don't interrupt your daughter's father. Be passionate and firm in your case, but don't forget that the Magistrate is in charge. Good Luck!

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Answered on 9/13/05, 2:39 pm


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