Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: I have 4 Domestic Violence a just got charged with another what could i get

1 Answer | Asked in Domestic Violence for Ohio on Nov 23, 2014

Answered on Nov 25, 2014

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Matthew Williams' answer
It depends on the exact nature of the current charges. The worst possibility is a mandatory prison term of 1, 2, 3, 4, or 5 years for an F3 involving serious physical harm. You really need a lawyer here. You are facing real time, if convicted.

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Q: How long does it take the states attorney's office to get papers on someone that got charged with domestic violence?

1 Answer | Asked in Domestic Violence for Florida on Nov 18, 2014

Answered on Nov 21, 2014

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Robert Jason De Groot's answer
Stay in touch with the victim advocate at the state attorney's office. Let your wishes be known, that you want to decline to prosecute.

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Q: My dauter pressed domestic violence charges on my son can she drop those charges

1 Answer | Asked in Domestic Violence for Ohio on Nov 15, 2014

Answered on Nov 17, 2014

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Matthew Williams' answer
She can talk to the police and the prosecutor about no longer wanting to move forward, but the final decision is theirs. Once a crime is reported, the decision whether to press charges or not is in the hands of the prosecutor, not the victim. Speak with your daughter about dating this man. Things are not likely to get better. Provoked or not, a man has no business physically assaulting a woman.

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Q: I lied on the police report of my boyfriend abusing me what will happen to me and him ? He now has arrest warrant

1 Answer | Asked in Domestic Violence for Maryland on Nov 14, 2014

Answered on Nov 17, 2014

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Evan M. Koslow's answer
It is no longer up to you as to whether the state will prosecute your husband or not. If you have not previously used your marital privilege you can and as the only witness, it is unlikely the state would proceed. I would also note that you should be careful what you write in open forums as what you post online can be used against you and it is possible for criminal actions to be taken against you,if you did in fact lie to an officer.

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Q: I called my husband for domestic violance he now has an arrest warren he does not know yet ....

1 Answer | Asked in Domestic Violence for Maryland on Nov 12, 2014

Answered on Nov 17, 2014

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Evan M. Koslow's answer
It is no longer up to you as to whether the state will prosecute your husband or not. If you have not previously used your marital privilege you can and as the only witness, it is unlikely the state would proceed. I would also note that you should be careful what you write in open forums as what you post online can be used against you and it is possible for criminal actions to be taken against you,if you did in fact lie to an officer.

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Q: how long does it take to lift or dismiss an injunction from domestic violence?

1 Answer | Asked in Domestic Violence for Florida on Nov 16, 2014

Answered on Nov 17, 2014

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Oxalis Bianca Garcia's answer
Depends on the circumstances of your case. To properly respond to your question, additional information is needed. Feel free to contact me at 727-835-6595

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Q: Legal for Respondent who is Atty in protective injunction after final ruling to subpoena 3rd partys & no hearing?

1 Answer | Asked in Domestic Violence for Florida on Sep 30, 2012

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
This question was posted over 2 years ago. I hope things have been resolved by now. Yes, it is legal to subpoena 3rd parties.

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Q: How long (min and max time) will a DV aggressor be jailed once he is hauled away and an injunction is placed?

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

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
It depends upon the facts, none of which you provided. I guess you know by now that probation, not jail, is the norm.

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Q: What can I do to return to my home after domestic violence has been filed on me by a roommate and the case is still open

1 Answer | Asked in Domestic Violence for Florida on Feb 12, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
This question is too old for an answer to be of any real use to you. Typically a no violent contact order would be entered.

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Q: Can a suspect if dv case get charges dropped by showing pictures of victim

1 Answer | Asked in Domestic Violence for Florida on Apr 5, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
This sounds possible, but more facts are needed. Consult with a local criminal defense attorney.

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Q: I plead no contest to a misdemeanor DV charge in FL. I am an Occupational Therapist and AHCA won't let me me work.

1 Answer | Asked in Domestic Violence for Florida on May 28, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
This is an employment law question. Was the case dismissed after you completed everything required? That is a very, very important question. Because if it was dismissed, you might be able to get the records sealed or expunged.

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Q: My husband was charged with agravated batt w/weapon on me. Can I take a class so the charges can be dropped

1 Answer | Asked in Domestic Violence for Florida on Jun 2, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
Perhaps is all I can say with such scant facts, but then perhaps not. It depends upon the policies of the local state attorney.

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Q: I filed a police report for DV 3 days later after the incident but now I don't want him arrested can he be?

1 Answer | Asked in Domestic Violence for Florida on Jul 8, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
I just answered the other question posted here. From a victim standpoint, contact the victim advocate at the local state attorney's office and ask about a declination of prosecution.

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Q: My wife filed a police report for DV 3 days later, hasn't talked to a DT but she wants to drop it can I go to jail?

1 Answer | Asked in Domestic Violence for Florida on Jul 8, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
Yes, you can go to jail if criminal charges are filed against you. They have 2 years to file the charges. The best thing to do is to get a private criminal defense attorney on your side.

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Q: Will my boyfriend get in trouble if I contacted him through texts and facebook while he was in jail?

1 Answer | Asked in Domestic Violence for Florida on Jul 10, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
It can make it much worse for him if he responds to you because he is to have no contact at all, directly or indirectly, and if he does, he can be charged with another crime.

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Q: My husband was charged with a felony dv charge and they sentenced him to 5 yrs probation and they with held ajudication

1 Answer | Asked in Domestic Violence for Florida on Jul 17, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
if he leaves the state is there a statue of limitations? No. He has already been charged so the SOL does not apply. If he is violated, there will be an arrest warrant issued, and they remain effective until executed.

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Q: what is my best plan of action if my husband is violent made me have sex with him, and taking me against my will to anot

1 Answer | Asked in Domestic Violence for Florida on Jul 24, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
It might be to file a petition for protection against domestic violence with the clerk of the circuit court. Do not ramble on in the petition, just write about the physical abuse. "He hit me with his left fist to the right side of my face" sort of thing, not rambling on about irrelevant matters or your feelings. I see these things all the time, and basically the more they write, the easier it is to defeat them. Just state facts which amount to physical abuse, when, where, how, what. I hope this...

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Q: in a domestic case, under Florida and fed law, what is the lesser offense of AGGREVATED BATTERY?

1 Answer | Asked in Domestic Violence for Florida on Jul 24, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
The lesser included offense of aggravated battery would be just battery.

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Q: what can i do if my baby father got charged with dv/childabuse

1 Answer | Asked in Domestic Violence for Florida on Jul 30, 2014

Answered on Nov 14, 2014

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Robert Jason De Groot's answer
He needs an attorney to defend him, and you need to contact the victim advocate at the prosecutor's office. Perhaps a no violent contact order can be entered, and perhaps the state attorney has a process for you to go through so that they will not go forward with the prosecution. Ask about a declination of prosecution.

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