Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: Is it ok to use same attorney in a felony domestic violence case in ocelot county...when the husband and wife were both

1 Answer | Asked in Domestic Violence for Florida on Feb 24, 2015

Answered on Feb 26, 2015

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Robert Jason De Groot's answer
Your question is truncated, cut off, and there are not enough facts here to make a valid conclusion.

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Q: Can I keep my husband out of jail with the spousal priveledge ? He has dv charges against him .what should I do ?

1 Answer | Asked in Domestic Violence for Maryland on Feb 18, 2015

Answered on Feb 23, 2015

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Evan M. Koslow's answer
You can do your marital privilege. However, the state could decide to still try the case if they wanted to (depending on the other evidence they had). The only thing you can do to try and prevent him from going to jail is invoke your marital privilege and if found guilty asked to be heard before a ruling is made regarding sentencing.

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Q: I'm pressing charges for dv case and now he's lying and saying that I hit him first and he hit me in self defense but

1 Answer | Asked in Domestic Violence for Maryland on Feb 22, 2015

Answered on Feb 23, 2015

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Evan M. Koslow's answer
Its not your choose as to whether the State will continue with the case. Nor is it your decision what the Judge decides to do as punishment if he is found guilty. If you are married you could plead your marital privilege (unless you already did in another matter). Even if this were to occur, if the state wants to proceed with a criminal action they will.

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Q: My brother was charged with his third dv. He has not been in any trouble in 10/15 years.

1 Answer | Asked in Domestic Violence for Ohio on Feb 22, 2015

Answered on Feb 23, 2015

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Matthew Williams' answer
Did the grand jury indict him? If the grand jury indicted him, he has been charged and will go through the whole trial process to determine whether is guilty or not guilty. If he is found guilty of felony domestic violence, he will likely serve jail time. He should hire an attorney to help him ASAP.

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Q: If a crime 5 years ago of violent abuse by my father did not get handled properly, can I file a suite now? How?-Thanks

1 Answer | Asked in Domestic Violence for Florida on Feb 19, 2015

Answered on Feb 21, 2015

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Robert Jason De Groot's answer
You probably cannot file suit now. It is probably too late to do that. You cannot just sit on your right to file suit for years and then expect to be able to do something like sue. Go see an attorney about this.

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Q: If you are a victim of past DV and the law would not report b/c the violator was the Sheriff then what do you do?

1 Answer | Asked in Domestic Violence for Georgia on Feb 12, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
Report it to the district attorney and the prosecutor and get an private attorney to file domestic violence charges. It doesn't matter who abused you, it's abuse so get an attorney and get serious.

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Q: Can my gun rights be restored by the courts same as a felon if I have plead guilty to a domestic violence .

1 Answer | Asked in Domestic Violence for Georgia on Feb 15, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
It depends on whether or not the original crime involved a fire arm. Regardless, you have to wait five years from when you completed your full sentence to even consider applying to have your gun rights restored. If there was a weapon used in the original crime, then, under the law as it stands now, you will not get your guns rights back ever.

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Q: Can I own a gun if my domestic violence case resulted in a No Action?

1 Answer | Asked in Domestic Violence for Florida on Feb 19, 2015

Answered on Feb 20, 2015

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Robert Jason De Groot's answer
Probably. Have you tried to go buy a gun at a local pawn shop, for instance, to see if you can do that?

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Q: My EX was all over me and I pushed her off she slipped on ice and strached her back now 2 days later she is filing.

1 Answer | Asked in Domestic Violence for Ohio on Feb 19, 2015

Answered on Feb 19, 2015

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Matthew Williams' answer
You really should go ahead and get a lawyer. You will most likely be contacted by the police, who will say they want your side of the story. They don't. They want a confession. Do not give them a statement. Tell them you have nothing to say and want an attorney present for any interview. If you are asked to turn yourself in, arrested, or charged, get yourself a lawyer and keep your mouth shut.

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Q: If a person had one domestic violence charge dropped and get another sometime later can it still be used against a perso

1 Answer | Asked in Domestic Violence for Ohio on Feb 11, 2015

Answered on Feb 13, 2015

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Matthew Williams' answer
Used against them in what sense? A dismissed case would not result in elevation of the charge from a misdemeanor or a felony and cannot be used to increase the sentence. However, the prosecutor, and perhaps the judge too, will notice that there was a prior case, and are likely to treat the accused more harshly as a result. Anyone charged with domestic violence should get an attorney ASAP. These are serious charges that result in jail time, cannot be expunged, and bar a person from owning a...

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Q: do i have to pay back money for victim compansation if i did not use it for what it was intended

1 Answer | Asked in Domestic Violence for Florida on Feb 11, 2015

Answered on Feb 13, 2015

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Robert Jason De Groot's answer
You have not provided enough facts for me to form an opinion. Go see an attorney about this for a full discussion.

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Q: Wanting to know if there is action or is it feasible for me to report attorney's actions. Soon to be ex had a DV that

1 Answer | Asked in Domestic Violence for Ohio on Feb 8, 2015

Answered on Feb 9, 2015

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Matthew Williams' answer
If you really want to pursue this go here: http://www.supremecourt.ohio.gov/DisciplinarySys/odc/complaint.asp

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Q: If a victim in a domestic violence doesn't go to the grand jury does the case get dismissed

1 Answer | Asked in Domestic Violence for Ohio on Feb 9, 2015

Answered on Feb 9, 2015

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Matthew Williams' answer
Not necessarily. If there is other evidence, an indictment may still result. Often, in domestic violence cases, the victim is really the only witness and there is little other evidence. Sometimes, however, there is lots of other evidence. A 911 call, reports from neighbors, testimony of responding officer, other family members, documentation of injuries, etc.

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Q: Can I still press charges?

1 Answer | Asked in Domestic Violence for Ohio on Feb 4, 2015

Answered on Feb 5, 2015

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Matthew Williams' answer
You should report this matter to the police.

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Q: My hubby physically assulted me, broke my phone & pulled a knife on me. Charge DV F4 W/ Pior. HOW much time he facing?

1 Answer | Asked in Domestic Violence for Ohio on Feb 5, 2015

Answered on Feb 5, 2015

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Matthew Williams' answer
A fourth degree felony carries up to 18 months in prison. A domestic violence conviction also precludes a person from owning a gun for life and cannot be sealed. Furthermore, he would likely be subject to a protection order requiring him to have no contact whatsoever with you for at least until he off probation following any jail or prison time imposed. Due to his prior offense, it is likely he would be sentenced to prison, if convicted. Your "hubby" needs to hire an attorney ASAP.

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Q: Do I have to testify on a DV towards my boyfriend's younger brother?

1 Answer | Asked in Domestic Violence for Ohio on Feb 3, 2015

Answered on Feb 4, 2015

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Matthew Williams' answer
If you are subpoenaed, you do have to testify. If you ignore the subpoena, you could held in contempt of court and fined or arrested. If you are not subpoenaed, you do not have to testify.

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Q: my boyfriend and I share 2 children he recently got a DV charge involving me and is currently doing 6 month

1 Answer | Asked in Domestic Violence for Ohio on Feb 3, 2015

Answered on Feb 4, 2015

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Matthew Williams' answer
Probably not. He will likely be subject to a no contact order at least until he completes community control. If you do not want the no contact order, you may be able to convince the judge to lift it, but it appears this was a felony charge, which means either he has a history or it was very serious.

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Q: I called the cops on my husband for abusing me. How long will he be in jail.

1 Answer | Asked in Domestic Violence for Ohio on Feb 3, 2015

Answered on Feb 4, 2015

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Matthew Williams' answer
It's certainly possible. If this is his first DV conviction, he faces up to 6 months and many courts do impose jail time even on a first conviction. Without more information--his history, the nature of the facts, the judge, etc--we really cannot say. He should not have just gone in and plead no contest, as there are sometimes diversion programs available, which can help a person avoid the conviction and jail time. He should be working with a lawyer to minimize the consequences here.

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Q: I pressed charges on the father of my child on but I was the one hitting and abusing him, what should I do?

1 Answer | Asked in Domestic Violence for Georgia on Jan 26, 2015

Answered on Feb 1, 2015

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Julie A. Rice's answer
This is a story that they hear all the time. The state is going to prosecute him as they see fit and you have just lost all your credibility with the court. Most likely you will both end up arrested and the child will be put into the care of DFACs.

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