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Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Mississippi on
Q: Does my husband have rights if he’s illegal Here during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Court tomorrow for domestic violence NEED ADVICE

Last year same exact thing happened but she didn’t show up so it got dismissed. So this is technically second one and it’s vs the state not her…. Should I take plea deal for probation or go to trial?? I know she will not show up if so but since it’s vs the state idk! Please help it’s... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

While this answer may be a little late for you, it's worth answering for anyone else in a similar situation.

The decision to go to trial is yours alone, and should be based on the strengths and weaknesses of your case and explained by your lawyer. It's foolish to go to trial...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: I was not told about 1st offender in 2013 for a family violence misdemeanors, can I now I use it retroactively?

I'm in a strange position, because of the family violence misdemeanors I'm not able to have a firearm, but I'm not a felon and there isn't a clear path to restore those rights. Pardons are for felons, so I can't go that route. When I was convicted my Lawyer never told me... Read more »

Jermario L Davis
Jermario L Davis
answered on Sep 30, 2022

In short, the time that the law gives you to petition the court to withdraw your plea has expired. (Hence, the law is not on your side) As such, you would need a prosecutor/solicitor to consent to a withdrawal in order for sentence to be undone. Thereafter, the judge would have to accept the... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: What action should I take if I am possibly being charged as the perpetrator in a domestic violence case

I was actually the victim and only defending myself, I have pictures to prove I was being pinned up against my car when the incident occurred, I was not aware the cops were even called until they had already gone. I am on DISSABILITY and can not afford to pay a lawyer..No one has even gotten my... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Speak with a lawyer who will defend you, that's the first action you should take. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does a defendant have the right to file for a speedy trial in GA? 4 felony charges domestic violence related.

My cousin has been in carcerated in a GA county jail for approx 2 months and don't know when he'll make his 1st appearance. Isn't there a law against waiting so long to see a judge?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 28, 2022

You need to ask this question in a Georgia forum instead of a Minnesota forum. Laws vary significantly from state to state.

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: What if my lawyer failed to submit my defense evidence and now the court will not accept my self defense plea.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 27, 2022

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: Will I go to jail right away when I turn myself in for a DV charge with no bond set? My fiance was the aggressor.

I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2022

Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... Read more »

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and White Collar Crime for Texas on
Q: How can I get a transcript of court proceedings in 1991 in Bell County Tx.? Also a copy of conviction in it's entirety i
Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 25, 2022

To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: Can my spouse drop me from his insurance? I have Stage IV breast cancer & he threatens to if I don’t do what he demands.

I need to know if he Can do this because I’m in treatment & he has done this ever since we found out about the reoccurrence in my bones last holiday season. I’ve been back in treatment since then & this is constant. I can’t argue with him in case he actually does this. Thanks

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 25, 2022

The court cannot interfere in a marriage unless someone files for divorce or separation. So, he can take you off his insurance. The fact that he had threatened to do that while you are battling this illness probably tells you what should happen next. You should speak to an attorney immediately... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: Is it better to hire an attorney or use a public defender?
Gregory Abbott
Gregory Abbott
answered on Sep 23, 2022

Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.

The big issue is if you can afford a private attorney, you should not...
Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for California on
Q: Hello, Can I get subpoenas when the hearings are already over? What forms do I use?

I filed Restraining orders against individuals for internet harassment, slander and other harassment...the hearings ready to place, RO not granted but I would still like to get the IP addresses from the businesses used by the harassing individual, to post the slander so that i can trace it... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

If the case is no longer active, what basis would you have? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Mentel health issues and strangulation charges
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

What is your question?

1 Answer | Asked in Domestic Violence for South Carolina on
Q: I was a victim of a crime at a Mexican restaurant they have no cameras and they had a karaoke that night.

That night he decided to hit me in the back of my head with brass knuckles, brass knuckles on left side, across the forehead, and hit me with a ball pin hammer. Is there any way in the restaurant can be held liable since they were overcrowded and understaffed no video cameras or bouncer.

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 22, 2022

Yes, you may have a good case for security negligence. Contact the local attorney in South Carolina for representation.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What will happen if I didn't tell the police everything when I called on my spouse? How can I help dismiss the case

I called the police on my spouse cuz he took my cell phone and pushed me to the floor and I thought he was trying to do something to my mom. But he only pushed me cuz I was grabbing him and stopping him from getting in his car and he was trying to takey phone and we both were pulling it and I let... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Witnesses should always tell the truth. You're not going to hear otherwise here. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My partner and I got into an argument that escalated into me involving the cops. My girlfriend was charged with domestic

Domestic assault with bodily injury. I only had a scratch under my eye. We have remained together. Her ex husband is trying to take their child and the child was in no way involved. Charges happened in TN and I signed an affidavit to try and get them to drop charges since the cops pressed charges... Read more »

Arthur Calderon
PREMIUM
Arthur Calderon
answered on Sep 20, 2022

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What are the charges for texting someone while on a TRO?

I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in... Read more »

Dan Moseley
Dan Moseley
answered on Sep 19, 2022

A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.

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