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Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Ex parte or domestic violence restraining order. Which route to take to get her kicked out of the house and custody.

In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More

James L. Arrasmith
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answered on Apr 15, 2024

Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.

In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

Robert Kane
Robert Kane
answered on Apr 15, 2024

The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

James L. Arrasmith
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answered on Apr 14, 2024

I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Domestic Violence on
Q: Can a business offer sanctuary the way a church does?

Not for suspected criminals, but in cases like providing temporary shelter for the homeless or victims of abuse. Does being non profit make a difference? What if the business's owner is religious?

James L. Arrasmith
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answered on Apr 12, 2024

In general, businesses do not have the same legal right to offer sanctuary as churches and other religious institutions. However, there are some circumstances where a business might be able to provide temporary shelter or assistance to individuals in need, depending on the specific situation and... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My husband kicked me out of the house. He asked the SFPD to kick me out they said no so he did I have him on tape?

My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left

to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:

1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I have a DVRO against me, other party has filed to renew. Can I physically attend hearing, or should i remotely?

I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.

I really... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.

In general, attending a DVRO...
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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Domestic Violence for Wisconsin on
Q: What are my rights when the family-in-law bully my husband about the selling of the house and division of the money ?

my husband has 2 house. the 1st house is : my husband name in 1st + his younger brother name by default. 6 people including us lived there. We moved to the 2nd house : his younger sister name by default, his younger brother name and my husband name in 3rd. The 4 family members first ask to sell... View More

James L. Arrasmith
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answered on Apr 10, 2024

As your husband's spouse, you have certain rights and protections, even if your name is not on the property titles. Here are some key points to consider:

1. Marital property: Depending on your location and the laws that apply, the houses may be considered marital property, meaning that...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My husband kicked me out and trashed the house. Now they are saying I trashed the house and its full of mice?

My husband kicked me out and I was not here for over 30 days. My husband left and I came home to a fly, ant, mouse, and maggot infested house. The drain got stopped up and it took him a week to comply I am charging him to clean it this time. Now I asked for mouse traps not only are they saying its... View More

James L. Arrasmith
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answered on Apr 10, 2024

I'm so sorry you're going through this incredibly stressful and upsetting situation. Here are a few steps that I recommend:

1. Document everything thoroughly with photos, videos, and written records. Take pictures of the state of the house, the pest infestations, and any damage....
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1 Answer | Asked in Immigration Law, Divorce and Domestic Violence for Wisconsin on
Q: Can 5 years being wife apply for wava green card & culturally continue to live with husband ?

Husband use 10 types of violence against his wife except the physical violence. She has text and audio evidences, but she is religiously forgiving him and culturally saving his reputation.

James L. Arrasmith
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answered on Apr 10, 2024

I understand this is a very difficult and sensitive situation. Here is some information that may be helpful:

Under the Violence Against Women Act (VAWA), an abused spouse of a U.S. citizen or permanent resident can self-petition for a green card without the abuser's knowledge or...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: If I flee d.v. from my husband and leave the home with our son can he call the police on me for kidnapping?

I do have photos of marks and bruises from assaults

over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob

Brian Waller
Brian Waller
answered on Apr 9, 2024

Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
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answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

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2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you provided, if you are filing a VAWA (Violence Against Women Act) self-petition using Form I-360 as the abused spouse of a U.S. citizen, your 18-year-old child does not need to file a separate I-360 petition. As the principal applicant, you can include your child as a... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.

The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some...
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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Mark Oakley
Mark Oakley
answered on Apr 5, 2024

First, your husband needs a lawyer. Second, you can only do two things: communicate to the State’s Attorneys Office your desire to not go forward with charges against your husband and your intent to invoke your privilege not to testify against your spouse; and then invoke your privilege on the... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Iam charged with domestic battery and cruelty to a child (case is a misdemeanor) nobody is injured and I have no crimina

While arguing with my husband I hit him using a baby blanket he was holding our baby at that time. I called the police and they arrested me because my husband showed them a video the incident happened. I wonder what is the worst scenario of my case and what to expect. My very first time. What... View More

James L. Arrasmith
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answered on Apr 4, 2024

I'm sorry to hear about your situation. Domestic violence and child endangerment charges are serious matters. Here's some general information, but please understand that it's crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for Arkansas on
Q: can i turn myself in if i’ve committed a sexual assault crime without involving the witness?

i could come up with excuses or try to justify my situation but i feel ive sexually assaulted my ex (who lives in Arizona) while we were together, can i turn myself in?

edit: i meant the victim im sorry

James L. Arrasmith
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answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Arizona on
Q: What are my options if I’m being sextorted and threatened? How can I suppress an embarrassing video from being released

2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:

1. Contact law enforcement and file a police report....
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1 Answer | Asked in Family Law, Personal Injury, Child Support and Domestic Violence for New Jersey on
Q: My daughter is mentally agonized and in trauma due to violent behavior of her father's girlfriend who came to our home

It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her

Leonard R. Boyer
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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More

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