Legal Question in Criminal Law in Georgia

My wife has been diagnosed with bipolar. We live in GA. Last week we got into an argument and it got heated. She had been seeking therapy but this day was bad. I called the police because she gets self abusive. But while I was on the phone she hit me several times (first time she's ever hit me). The police said that a) they had to automatically arrest her (I couldn't choose whether or not to press charges and b) she could not come home until a court date. This really sucks because she has mental illness and I know why she did what she did and don't want to leave her. But now she has to live with her mother and we both could get in trouble if we even talk. What are our rights in this situation because it doesn't seem fair that the police can force us to separate.


Asked on 12/31/13, 7:11 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Fair or not, the law is like that because of the many, many people who forgive an abusive spouse and later end up in the hospital or cemetery.

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Answered on 12/31/13, 8:04 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The law is written that way for a reason - often when the parties are back together, the victim ends up dead or hospitalized the next time. Get her a good lawyer, and if the lawyer works with the prosecutor, she may be eligible for counseling and treatment that might keep her out of jail and eventually let her come home. But be very careful. Abusers almost always strike again, so this first incident will likely not be the last.

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Answered on 12/31/13, 1:23 pm


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