Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: My bf was taken to custody for domestic violence , I didnt file charges but the county did what will happen to him

1 Answer | Asked in Domestic Violence for Minnesota on Aug 18, 2014

Answered on Sep 2, 2014

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Kristen Bullock's answer
This will depend on the facts of the case and what his criminal history is. Please have your boyfriend call me right away to discuss his case 651.270.6484.

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Q: My boyfriend is going to trial for dv of me an my child if I dont show up what will happen with the case???

1 Answer | Asked in Domestic Violence for Pennsylvania on Jul 23, 2014

Answered on Jul 23, 2014

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Roy L. Galloway III's answer
The short answer to this question is that there is no correct answer to this without you providing more details. I will, however, provide an answer under difference scenarious.

If you and your child are the only witnesses to the alleged abuse and you decide not to appear in court to testify against him, the prosecutor will have a difficult time proving that he was guilty beyond a reasonable doubt. However, the prosecutor may subpoena you to attend and testify and get a warrant for your...

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Q: My boyfriend pleaded guilty to domestic assault but the charges were dropped can he get out

1 Answer | Asked in Domestic Violence for Rhode Island on Jul 12, 2014

Answered on Jul 15, 2014

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Neville Bedford's answer
If he has plead guilty, there is likely a conviction now on his record. He should meet with a qualified criminal attorney or the attorney who represented him in the case where he pled guilty and review the particulars. I am not sure what you mean by "get out"(of jail?) or the conviction - but the best course of action is still for him to meet confidentially and privately with a practicing attorney experienced with such matters. If you are the victim of the assault, please be careful and seek...

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Q: If your fiance has a no contact order when its lifted can he live with you again if your the victim of domestic assault?

1 Answer | Asked in Domestic Violence for Minnesota on Jul 7, 2014

Answered on Jul 10, 2014

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Kristen Bullock's answer
If the No Contact Order if vacated then your fiancé can live with you as long as there is no other or order prohibiting him from residing at the residence.

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Q: my ex pushed me at a custody drop off in front of my kids and I filed a police report in Alabama what will happen now?

1 Answer | Asked in Domestic Violence for Alabama on May 26, 2014

Answered on May 28, 2014

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William E. Scully Jr.'s answer
What happens next depends on what you did, and what the police think about it. "Filing a police report" is not the same thing as 'filing criminal charges.' If you swore out a criminal complaint, then your husband will either be arrested or summoned into court. He will have to answer for whatever offense you charged him with. You will have to attend court as a witness...and you better show up or they might send the cops out looking for you. If you only filed a report with the police, then...

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Q: My bf was arrested for a simple assault and domestic disorderly against me, I don't want to pursue case, what do I do

1 Answer | Asked in Domestic Violence for Rhode Island on Dec 30, 2013

Answered on Apr 20, 2014

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Neville Bedford's answer
Make sure you are absolutely sure it is not another form of abuse that has somehow convinced you that the criminal charges are the result of a simple misunderstanding and be safe.

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Q: Can a women that has a man arrested 7 times of domestic violance go visit that man while he is incarcerated?

1 Answer | Asked in Domestic Violence for Alabama on Apr 10, 2014

Answered on Apr 14, 2014

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William E. Scully Jr.'s answer
These are obviously sick individuals. Whether you are the idiot guy in jail who beats up women or the idiot woman on the outside who keeps teasing the alligator. You are both sick and need help. I guess you might be a family member or friend of one of these idiots, distraught over the fact that they are ruining their lives. If so, you are the only party that we have sympathy for. To answer your question, often there is a "no contact order" issued by the court when a domestic violence charge...

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Q: If a person is charged with domestic assault and the person who was assaulted refuses to press charges what will happen

1 Answer | Asked in Domestic Violence for Virginia on Mar 14, 2013

Answered on Mar 28, 2014

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Benjamin N. Griffitts' answer
Once a warrant is issued in any criminal case, the authority to determine whether the charge will be prosecuted lies with the prosecutor, whether it is the Commonwealth's Attorney or a Town or City Attorney. Many prosecutors will ask the alleged victim what they are looking for in the case. Sometimes, if an alleged victim states that he or she does not want the accused to be charged any longer, a prosecutor will agree to do so. However, more commonly, a prosecutor will still proceed with the...

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Q: I recieved a misdemeanor D.V in 2004. I never cfinished D.V class due to financial hardship.what will happen?

1 Answer | Asked in Domestic Violence for California on Mar 18, 2014

Answered on Mar 20, 2014

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Diana W. Aizman Esq.'s answer
It depends. Did you ever go back to court? If there is a warrant out for your arrest, you will need to first clear that warrant. You will then need to convince a Judge that you are now prepared to finish the classes. This will constitute a violation of your probation. You need to hire an experienced criminal defense attorney to negotiate the terms of your sentence on the probation violation. You are looking at up to a year in the county jail if you do not handle this correctly.

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Q: I plead guilty to misdemeanor domestic violence without any legal consultation offered by the judge can I withdraw it?

1 Answer | Asked in Domestic Violence for California on Oct 18, 2013

Answered on Feb 26, 2014

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David A. Brooks' answer
If that is true, probably so. Guilty pleas having to be "knowing and intelligent", and involve an advisement of basic rights.

However "mass advisements" of rights counts, where the whole room is advised. Video advisements count. A Court Reporter's transcript would be required to see what the Judge did. Also, a change of plea involves a waiver of rights, and that will be on the record or in writing (signed by the defendant) in the court's file.

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Q: How can a restraining order be rescinded, my wife wants it taken away, it's on me, but her lawyer says that she can't.

1 Answer | Asked in Domestic Violence for California on Nov 13, 2013

Answered on Feb 26, 2014

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David A. Brooks' answer
Sometimes a judge will impose a restraining order over the alleged victim's objection.

Sometimes "can't" means different things. Sometimes lifting an order COULD be done, but there are serious consequences (such as losing custody of children).

Getting it lifted can also be a matter of being in front of the correct Judge. The matter could be heard in the criminal court if it was issued there, but could also be heard in the civil court. One might be a better place to be. In some...

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Q: Who to see if you want to have a full investigation of a love one's death

2 Answers | Asked in Domestic Violence for California on Nov 30, 2013

Answered on Feb 26, 2014

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David A. Brooks' answer
The County Coroner and local law enforcement. Possibly directly to the DA's office.

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Q: I filed a domestic violence on my fiance after an argument I grabbed him and pushed him and he had pushed me back

1 Answer | Asked in Domestic Violence for California on Feb 7, 2014

Answered on Feb 26, 2014

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David A. Brooks' answer
I previously wrote this answer to a very similar question:

It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a criminal case. If you lied to the police, you may be guilty of a crime for making a false police report. You should consult with a lawyer. Any statement...

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Q: I called police falsely claiming dv on my fiance when we were arguing. I said he hit me but I fell earlier to get injury

1 Answer | Asked in Domestic Violence for California on Feb 22, 2014

Answered on Feb 26, 2014

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David A. Brooks' answer
It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a criminal case.

If you lied to the police, you may be guilty of a crime for making a false police report. You should consult with a lawyer. Any statement you make to anyone other than your lawyer regarding...

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Q: What is the term for a protective order in Oklahoma?

1 Answer | Asked in Domestic Violence for Oklahoma on Oct 15, 2012

Answered on Dec 3, 2013

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Howard Berkson's answer
Protective orders can be quite short or they can last a very long time. You would have to look at the order, itself. You should be able to get a copy of it from the clerk of the court in the county where the order was made.

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Q: I been charged with crime 6yr ago I Need license to work as private Investigator ( unarmed) what I need to do

1 Answer | Asked in Domestic Violence for Oklahoma on Mar 15, 2013

Answered on Dec 3, 2013

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Howard Berkson's answer
You need to get your record expunged. However, the process is not automatic. You should consult with an attorney.

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Q: What is the statue of limitatin on domestic assualt in oklahoma

1 Answer | Asked in Domestic Violence for Oklahoma on Feb 11, 2013

Answered on Dec 3, 2013

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Howard Berkson's answer
Many different types of conduct can constitute "domestic assault." For most misdemeanors and felonies, the statute of limitations is 3 years. However, the limitations period can be up to seven years. Time you spend outside of the state does not count toward the limitations period. If a sex crime was involved and DNA evidence was available, the limitations period starts from the time identity was established by DNA. The limitation on personal injury lawsuits is normally two years.

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Q: My ex filed an order of protection against me. Is there any action taken if I don't appear at the hearing?

1 Answer | Asked in Domestic Violence for Illinois on Apr 17, 2013

Answered on Oct 5, 2013

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Elfreda Dockery's answer
court goes on and orders are entered even if you fail to appear. you need to go to court, preferably with a lawyer. if you fail to appear, your ex my get whatever relief he wants.

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Q: I want t go back hm with my 4 year old and I'm 8 mths pregnant. I filed DV against husband Thurs and he still there.

1 Answer | Asked in Domestic Violence for Florida on Dec 2, 2012

Answered on Aug 5, 2013

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Robert Jason De Groot's answer
I hope you have been able to resolve some of these problems by now.What you most likely need to do is hire an attorney.

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Q: How do I initiate a restraining order against somebody that hes told me on FaceBook that he will kill me if God tells hi

1 Answer | Asked in Domestic Violence for Florida on Aug 1, 2013

Answered on Aug 5, 2013

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Robert Jason De Groot's answer
Go to the county clerk and fill out the paperwork, or get to an attorney to do this.

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