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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: The mother of my husband's other 2 children admitted to setting him up so that she could press domestic battery charges.

She admitted to setting him up so she could press the charges on him out of revenge for us being together. He was charged with domestic abuse by strangulation and child endangerment. A restraining order was issued on him. She has been harrasing him since the day he got out of jail. 200-300 messages... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

Your husband have an attorney? If not, he should immediately retain an attorney on the criminal matter, as well as potentially look at revising whatever current order exists re: his other 2 children,.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: If damages occurred by my attacker am I required to repair or pay for it
Joshua Schiffer
Joshua Schiffer answered on Jan 14, 2022

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will...
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1 Answer | Asked in Domestic Violence for Louisiana on
Q: How long from arrest to trail in a domestic abuse battery case in Louisiana?

My girlfriend was arrested two days ago and a bind set at $5,000. I cant make her bail and was wondering how long she will have to sit in jail before she is released. She was defending herself.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

If you want her out, then you should try to make bail-----borrow the money from a friend or friends and whatever amount you have, let the court know and see if the bond can be reduced to that amount to allow you to bond her out. Of course, depending on the circumstances, you might be the victim in... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: do I have to go to my preliminary trial?

My lawyer is saying the state's attorney is reducing my charges. He is saying I do not have to go to my preliminary hearing now. He said the State’s attorney’s office said we should not go – which is the usual course of action when there is a reduction. I just wanted to make sure this is... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jan 13, 2022

You were not scheduled for a preliminary trial. You were scheduling for a preliminary hearing to determine if probable cause existed to charge you with a felony, presumably 1st degree assault. The State evidently determined that insufficient evidence existed for the felony count and the formal... Read more »

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
Leland Hulbert answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Georgia on
Q: In a divorce - if there has been domestic violence or family violence perpetrated by one spouse and his family….

And parental alienation by the husband and paternal grandparents who is manipulating the child against his mother. Is it likely the mother will get full physical custody and the father supervised visitation? Is it more likely the mother will get the home? This is in Georgia USA

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

Its really hard to do a thorough analysis without full context, but Domestic Violence always grabs the attention of the Judge when looking at Family Law Cases.

At the same time, judges will almost always ensure both parents get substantial time with the child regardless of the criminal...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for Georgia on
Q: Hi my fiance was arrested I didn't press any charges but the state did is there anyway I could get them dropped?

His charge is a misdemeanor he's recently in Jackson county jail and his bond is $1350 he broke a mirror that he gave to me

Joshua Schiffer
Joshua Schiffer answered on Jan 12, 2022

The State, through elected prosecutors, retains all authority when it comes to whether to pursue charges or not, unfortunately.

THAT BEING SAID, as the alleged victim you retain substantial influence over whether the State can be successful in trying to prosecute him. First off you have...
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2 Answers | Asked in Domestic Violence for California on
Q: If i filed a domestic violence report against my boyfriend & its at the DAs office, can I still have it dropped?
Dan Moseley
Dan Moseley answered on Jan 11, 2022

It is possible, but unlikely, as once DV reports are taken by police and filed with the DA's office, prosecutions go forward even without the cooperation of the complaining party. Because a decision to prosecute depends of the facts of the case, you may want to discuss the matter in detail... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: ExGF put fake TRO to evict me with accusations that are her own actions and I have tons of solid proof I am the victim.

My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 10, 2022

Your question is not one that is easily resolved. You really need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. This could have grave consequences and should not be taken for granted. During this pandemic, you have... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: An ex requested a ppo out of state
Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

What is your question? If you are aware of a PPO or have been served with one, you should act to respond appropriately to the allegations. If it's from out of state, you will likely need to hire an attorney in that state.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Kentucky on
Q: I was mentally abused by my ex but I did not know what was happening. I can't work can I sue him for loss of income?

I was mentally abused by my ex husband who is a retired military veteran 20 years. We dated for 2.5 years and were married for 25 years and divorced now 7 years. I did not know that he was mentally abusing me till a couple years after I left him. I went through severe depression and almost died.... Read more »

Anna Aleksander
Anna Aleksander answered on Jan 7, 2022

Unless you waived all claims against him In your divorce agreement you could sue him for abuse however if you sue him outside of the family court context you would have to allege a viable claim In tort .. and it would have to fall within the Kentucky statute of limitations which would normally run... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: When is it abandonment?

I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 6, 2022

If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Can a victim drop domestic violence charges and suggest leniency for spouse to get lesser charge?

The charge is domestic violence battery with a deadly weapon. The wife strikes the husband first but the wife called the police to report the altercation. Now she wants to drop the charges and suggest anger management classes for the spouse.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 6, 2022

She can't drop it. But she can testify as to her preference.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Louisiana on
Q: I'm from houma, la. Moved me and 2 of my children here due to domestic violence and losing everything from hurricane Ida

I have custodial custody of all my children. Am I allowed to open a custody case here. Or do I have to go back south

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 6, 2022

A custody lawyer can file for relocation for you.

1 Answer | Asked in Domestic Violence for Virginia on
Q: Can I go to jail if I have to go to court for domestic abuse?

My girlfriend called the cops on me and showed a bruise on her face saying that I had hit her. I was taken to the detention center were I was given a restraining order not to speak to her for 3 days. I have court on Monday about the case. I want to know if I can go to jail?

Ann Thayer
Ann Thayer answered on Jan 5, 2022

If you have a pending criminal case you need to consult a criminal attorney who handles these and get a private consult. You should not be discussing specific facts of a pending criminal case on a public site like this.

Yes....in Virginia you could get jail time but there are also...
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2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on
Q: False arrest

My fiance was arrested on November 25th for Domestic Battery and unlawful restraint and he is not guilty

Alan E. Jones
Alan E. Jones answered on Jan 5, 2022

I recommend finding a good local defense attorney from the county where the case is being prosecuted to handle his case. Best of luck. Al Jones

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Colorado on
Q: my sister still lives with our highly abusive mother. how can I legally get her out of there.

We have a lot of evidence of gaby (mom) abusing me and my dad. Plenty court cases and files. Her record is far beyond damaged. Theres no reason as to why my sister has to stay with her. We don't have too much evidence of abuse towards my sister which is the problem. However, im not living with... Read more »

Stephen Birk Baumgartner
Stephen Birk Baumgartner answered on Jan 5, 2022

I am very sorry you are going through this. This is definitely a complicated family law question. However, if you suspect abuse of your sister, then you should call the Department of Human Services, Child Protection Division, and possibly the police. The answer to how you get her out of there... Read more »

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