Can the assistant DA really do this?

[Ga_Man]

What is the name of your state (only U.S. law)? Georgia

My wife and mother got into a fight and both were arrested and charged with DV. My mother went to the assistant DA Thursday to see about getting the charges dropped. The assistant DA told my Mother the only way she would drop all the charges would be if me and my wife and 2 kids moved out my Dec. Can the assistant DA really make us move out. My wife works but with her income we would not be able to afford a place. Just looking for some advice. My wife is going to go see the assistant DA as well on her next day off to see what she tells her.

 

[CdwJava]

That's creative, and may be seen as coercive, but it may be legal. The ADA may be encouraging the parties to do that will assure a more peaceful life for all int he future.

Your wife can decline and go to trial. Her choice.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Georgia

My wife and mother got into a fight and both were arrested and charged with DV. My mother went to the assistant DA Thursday to see about getting the charges dropped. The assistant DA told my Mother the only way she would drop all the charges would be if me and my wife and 2 kids moved out my Dec. Can the assistant DA really make us move out. My wife works but with her income we would not be able to afford a place. Just looking for some advice. My wife is going to go see the assistant DA as well on her next day off to see what she tells her.

Probably not illegal. If the DA tried to ORDER you to leave, it would likely be illegal, but he simply gave you a choice.

I guess the question is: which will cost you more - finding a place to live or fighting a couple of DV charges?

Your wife works - what about you? Maybe both of you need to work and/or someone needs a second job. It's hard to believe that with two parents working you can't afford a place to live in Georgia.

 

[cyjeff]

If the ADA instead said something along the lines of "If the parties are separated by your court date and you no longer have daily contact, I will consider the matter closed", I can see that having some relevance.

 

[Ga_Man]

Can I legally take a tape recorder into the meeting with her so I can catch it on tape if she is ordering us to move out? My wife works and I stay at home and watch the kids. We would be moving to NC where she works we can't afford it already planned out from what she makes and how much bills would be we can't make it. We were already planning on moving out come February anyways when we get our income tax back. I can't find work and if I could find something to apply to we don't have enough money to fill the truck up more than once a week which she uses to go to work.

 

[cyjeff]

Can I legally take a tape recorder into the meeting with her so I can catch it on tape if she is ordering us to move out? My wife works and I stay at home and watch the kids. We would be moving to NC where she works we can't afford it already planned out from what she makes and how much bills would be we can't make it. We were already planning on moving out come February anyways when we get our income tax back. I can't find work and if I could find something to apply to we don't have enough money to fill the truck up more than once a week which she uses to go to work.

There will already be a transcript.

you don't have to move. Your wife, however, will then have to defend the charge in court.

You have options.