Lawyers, Answer Questions  & Get Points Log In
Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Louisiana on
Q: My boyfriend has a criminal attorney already and he and I wanna get married and the state of Louisiana

Has a criminal protective order put out on him on my behalf is it possible to get a peace bond so we can marry each other

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

Even generally, unless that Order of Protection is removed then technically that groom does not have any legal right to make any proximal physical contact with you, let alone marrying you, per terms and conditions of that order.

Have his attorney provide a better way to handle that correctly.

1 Answer | Asked in Domestic Violence for Georgia on
Q: What happens if a temporary restraining order is taken out, but not served on the defendant before the court date?
Joshua Schiffer
Joshua Schiffer answered on Sep 21, 2021

Generally the court will allow continued attempts at service until the ex parte expires. It may be a good idea to pay a skip tracer to serve the person if the sheriff is running into issues.

2 Answers | Asked in Domestic Violence for Kentucky on
Q: If I am eligible to expunge a domestic violence misdemeanor , how long does the process take?
Leland Hulbert
Leland Hulbert answered on Sep 20, 2021

You would be eligible if the charges are dismissed. If they have been dismissed you may hire an attorney or go to the clerks office to file the paperwork 60 days after dismissal.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Would't this be a simple way of saying the child was stolen by father and he has paid some very powerful people?
Joshua Schiffer
Joshua Schiffer answered on Sep 20, 2021

I am sorry, but it appears some of your question was cut off. Please resubmit.

2 Answers | Asked in Domestic Violence for Georgia on
Q: What happens if a defendant doesn't show up for a restraining order hearing?
V. Joy Edwards
V. Joy Edwards answered on Sep 20, 2021

If you can make your case - which you should be able to if the other side does not show up - you will get the one year TPO.

View More Answers

2 Answers | Asked in Domestic Violence for California on
Q: I was served a restraining order by my ex in which she has several false allegations.

I am a volunteer EMT instructor at my local college. I went to the library to take notes on next weeks upcoming curriculum. My ex claims to have seen me. And called campus security claiming that I was stalking her. She claims that I followed her down the stairs and waited for her outside. When in... Read more »

John Karas
John Karas answered on Sep 19, 2021

I don't see a question in your lengthy post but am assuming that you want to know what to do after being served with what's likely a Civil Harassment TRO (Temporary Restraining Order). TRO's can be filed ex-parte (with no notice to you) and are routinely granted by most judges.... Read more »

View More Answers

3 Answers | Asked in Domestic Violence and Immigration Law for Florida on
Q: I have my citizenship interview scheduled for November, and I am going through domestic violence situations at home.

I want to separate for my safety and the safety of the child. If I do, do I lose the chance of getting my citizenship? The US Citizen spouse is abusive in many ways, I have police reports, pictures etc. I work for attorneys in Family Law, I am aware of how divorce and injunctions work. However, I... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 19, 2021

Your situation is very sensitive to dispatch with just one remote legal opinion without a case review and your direct participation. It requires a comprehensive legal case assessment either in person or remotely by Zoom with an experienced immigration attorney of your choice.

At that time...
Read more »

View More Answers

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: I am accused of family violence by husband. I was arrested, detained and taken to court. I need advise.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

you need to retain an attorney asap.

there are a lot of facts and moving pieces at play.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: My sister lives in Dallas, she is accused of family violence by husband. She was arrested, detained and court. Advise pl
Omar Darwich
Omar Darwich answered on Sep 15, 2021

She needs to retain an attorney asap

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

1 Answer | Asked in Domestic Violence for New Jersey on
Q: If someone threatens to kill an unborn child and the mother of the child would that be a from of criminal coercion.

There is a active TRO on the father.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 14, 2021

At the minimum it is a criminal offence of harassment. Report this conduct to the police.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Kentucky on
Q: My husband and I have been apart for 11 months. I let him visit kids for 3 days at their grandmothers home in KENTUCKY

Kids & I lived since separating September 2020 in Arkansas

.

Timothy Denison
Timothy Denison answered on Sep 14, 2021

What is your question?

1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I file a haraasment restraining order to protect residents and staff from my organization from a former client.

My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2021

The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law and Domestic Violence for Oregon on
Q: What can a tenant do after being attacked by a landlord who let themselvs into the rental unnanounced and hostile.

A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 10, 2021

You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I am in Rockville MD. I am on "Pre-Trial", Electronic monitoring ankle bracelet. I have nothing to show I flight risk.

I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Washington on
Q: Define "change in circumstance" in the context of a Washington state protection order
Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 9, 2021

There are many different types of protection orders under Washington law so it is difficult to answer your question. Generally, any order, including a protection order or no contact order, can be modified by the same court that issued the original order if there is good cause. For example, a court... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.