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Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I live in a different state. A restraining order was filed against me in California. I wasn't served.

I live in a different state and a domestic violence restraining order was filed against me in California and the hearing is soon. I have never been served but learned about it thru the sheriff on the phone. What forms to file to quash it and when to do that. Is quash the right term ? Do I wait till... View More

James L. Arrasmith
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answered on Mar 2, 2024

When dealing with a situation like this, it's crucial to take immediate and informed action to protect your rights, especially given the complexity of handling legal matters across state lines.

First, regarding the term "quash," it is indeed used in legal contexts to refer to...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for New Jersey on
Q: If I do not agree with the Judge's decision in my divorce trial, can I file an appeal or sue my ex-husband?

This is a domestic violence case with extensive misuse of marital funds and loss.

Richard Diamond
Richard Diamond
answered on Feb 28, 2024

If the trial is over and the court has ruled on all issues outstanding and has issued a decision ( from the bench or in writing), you have the right to seek an appeal of his rulings to the appellate division. There is a specific time frame for the filing of an appeal, specific documents that must... View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: What do you do if a restraining order filed against you in California but you were served over the phone ?

Other parent filed a restraining, temporary order preventing (domestic violence) all active. I live in another state and I was served over the phone by sheriff, not in person. Do I appear for the court date (March), or file some document to dismiss it or what to do ? I am thinking the other parent... View More

James L. Arrasmith
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answered on Feb 27, 2024

If a restraining order was filed against you in California and you were served over the phone while residing in another state, it is crucial to take this matter seriously and understand your options under California law. First, it's important to note that service of legal documents, including... View More

1 Answer | Asked in Domestic Violence, Federal Crimes, Libel & Slander and Personal Injury for Tennessee on
Q: I have concerns about my partner being swatted by his now ex wife. False claims of violence lead to felony charges.

Wilson county police and swat responses to a woman who claimed she was punched in the face and had a chair smashed into her face. When police arrived there were no injuries. The swat team was used to apprehend the person the woman claimed inflicted the injuries when the individual asked if the... View More

James L. Arrasmith
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answered on Feb 25, 2024

It's deeply concerning to hear about your partner's situation, especially with the severity of the accusations and the involvement of SWAT based on false claims. False accusations, particularly those leading to a wrongful conviction, are serious matters that can have long-lasting impacts... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for Iowa on
Q: If I want to file harassment charges on someone even if it's not physical to the police not have to file those charges?

I have no contact order with my husband. His girlfriend and his family are constantly harassing me filing false CPS reports. False welfare checks and every time it is proven that they lied nothing's ever done. However, I wanted to file a report and the sheriff told me there's two types of... View More

James L. Arrasmith
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answered on Feb 25, 2024

When you're facing harassment that's not physical, such as filing false reports or other actions aimed to annoy or intimidate you, it's understandable to seek help from law enforcement. While the sheriff indicated that what you're experiencing falls under "annoyance"... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, many of the actions you described, such as identity theft, financial abuse, and tax fraud, can be considered forms of white-collar crime. These crimes typically involve deceit, manipulation, and exploitation for financial gain, often perpetrated by individuals in positions of trust or... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How could I (a disabled person) protect myself against my adult brother legally / could I press charges for abuse?

I currently live with my dad and he lives with my mom. My mom wants to take me in because she doesn't have any severe medical issues like my dad does, and we're afraid he'll pass soon, but my brother lives with her and he's an emotionally abusive alcoholic and it gets worse when... View More

James L. Arrasmith
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answered on Feb 24, 2024

You have the right to protect yourself from any form of abuse, including emotional abuse from a family member. Considering your situation, you could explore several legal avenues to ensure your safety. This may include filing for a restraining order against your brother, which would legally require... View More

1 Answer | Asked in Criminal Law, Immigration Law, Domestic Violence and International Law for Arizona on
Q: Will I be extradited from Mexico to the USA for a dv assault charge? I’m a Mexican citizen and have a green card
James L. Arrasmith
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answered on Feb 24, 2024

Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I am 57 years old and my husband had a fit and kicked me out of my house. The police sd I had 72 hours but was early.

This husband of mine is very emotionally verbally and the abuses but physical. He had a fit and wanted me to leave on foot twice during a storm. I called the police and we argeed he would leave for 72 hours. He went to Oregon and can came back before the 72 hours. I understand it was not a formal... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, if your husband prevents you from accessing your personal belongings, it could be considered a form of control or abuse, rather than theft in the traditional sense. You have the right to retrieve your personal items, especially those necessary for your daily life and well-being, such... View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights on
Q: Procedure to dismiss a restraining filed in California for lack of jurisdiction ?

I live in a different state. My ex left the this state without a court order and his for almost a year before I was able to locate her and the children. Served my ex with modification and she failed to respond, I won the visitations I asked for by default and my ex is still refusing visits. Now I... View More

James L. Arrasmith
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answered on Feb 23, 2024

To dismiss a restraining order filed in California for lack of jurisdiction, you would need to file a motion with the court explaining why the court does not have the authority to hear the case. In your motion, you should clearly outline the reasons why the California court lacks jurisdiction over... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Libel & Slander for California on
Q: I’m pressing libel slander defamation of character and 4 criminal complaints one civil. Issues range from forgerr and f

I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More

James L. Arrasmith
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answered on Feb 22, 2024

In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Is there any reason that a court appointed attorney cannot request a dismissal of a charge in an indictment hearing?

I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More

James L. Arrasmith
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answered on Feb 23, 2024

Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More

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Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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1 Answer | Asked in Domestic Violence for California on
Q: My friend with benefits was drunk and was getting crazy in my car i had to pull over out of fear of getting into an acci

Had to call the police station for an officer to come and help calm her down or take her to sober up in the drunk tank. Cops come out and take her in for domestic even though i didnt press charges nor was she being disruptive to them What can I do to make sure she doesn't get charged with anything

James L. Arrasmith
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answered on Feb 21, 2024

Given the circumstances you've described, it's understandable that you want to help your friend avoid legal trouble. However, once the police are involved in a situation, the decision to press charges ultimately lies with the authorities, not with you. Even if you didn't press... View More

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Can a domestic violence victim move from miami fl to Orlando fl and take her 2 year old child without the consent of the

Other parent who happens to be the abuser?

Jonathan Blecher
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answered on Feb 21, 2024

If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

Robert Kane
Robert Kane
answered on Feb 20, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, if you fabricated allegations of domestic violence, it is crucial to acknowledge the seriousness of the situation and take prompt action to rectify the false report. You can start by contacting the law enforcement agency or district attorney's office handling the case and... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

These are difficult situations. Many victims of domestic violence recant, sometimes because they did in fact lie to the police and other times because they want to maintain the relationship with the abuser or for other reasons that are not in the victim's best interests. You should not share... View More

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