Legal Question in Family Law in Georgia

My husband was arrested with charges of Family Violence (first offense) and child endangerment(F) seeing as how our 2 year old son was present at the time he came after me. We had our first hearing today (he has a lawyer and his family has made it well known that they are friends with the judge), and the judge granted him supervised visitation without even speaking to me. When he originally called my name, he said "She has an attitude problem" and did not even know who I was. His lawyer informed the judge that they were having divorce papers sent to me. He told her I could be served then and there. The divorce papers say they are going for full custody with no visitation for me even though I have been granted temporary full custody of our son. I am just at a loss. I don't know where I stand or what I can do. Is there a way that I can have a different judge hear the case or ask for a transfer to a different county? What steps do I need to take from here? I had an appointed lawyer from the DA's office with me, and she was absolutely worthless. She sat there texting my husband's lawyer the whole time. (Also, he admitted to the arresting officers that he had, in fact, put his hands on me that night. The pictures they took of me that night were also thrown out by the judge saying that they were too dark to see anything)

Asked on 7/09/13, 9:34 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

You need to get your own lawyer. The D.A.'s office will represent you in the protective order case, but not in a divorce case, where you could possibly lose custody of your child and have to actually pay child support to your husband. If the Judge can be proven to have links to your husband's family, your lawyer could seek to have the Judge recused. However, some attorneys don't like to have to do this, as it could affect their relationship with the Judge. On the other hand, a local attorney who knows the judge could offset the judge knowing the other side. Either way, find one asap before this whole thing backfires on you.

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Answered on 7/10/13, 2:09 pm

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