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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: How could I get help lifting a restraining order in Los Angeles county?

Due to a battery charge my boyfriend had a restraining order placed on him by a judge and I opposed the order as he did not physically assault me and I would like to have the order lifted.

James L. Arrasmith
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answered on May 31, 2023

To lift a restraining order in Los Angeles County, you can file a motion to modify or terminate the order with the court that issued it. You will need to provide the court with a copy of the restraining order, a brief explanation of why you are requesting the modification or termination, and any... Read more »

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: Can I hire a lawyer in FL when I live out of state? We have a minor together am I able to take my child out of state?

Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.

Todd B. Kotler
Todd B. Kotler
answered on May 31, 2023

You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

Sarah Gad
Sarah Gad
answered on May 24, 2023

There is no form or petition for this. A DANCO can only be lifted by a judge.

If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a...
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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is there a form to petition the judge to have a MN DANCO removed or modified? I'm the victim of state brought DANCO

I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 25, 2023

There is no form for this. You can certainly submit a letter to the Court asking for the DANCO to be modified or cancelled. The decision of whether that occurs is ultimately up to the judge who is assigned to handle the case. It is unlikely that the DANCO will be modified or cancelled if the... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: If the petitioner contacts the respondent from jail can the respondent be charged for VOP for each phone call made

The conversation on the phone was about their child in common and how to get $15000 to bond the petitioner out of jail which the respondent did

Julie Fowler
Julie Fowler
answered on May 24, 2023

The protection order is against the respondent, not the petitioner. Thus, the petitioner would not be charged even if they initiated contact to the respondent. The respondent could be charged with a violation of protection order for responding. When determining whether to file the violation of... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Ohio on
Q: Can an officer of the court lie to you, preventing you from information regarding your own case?

I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: DVRO denied just now.

Wife took 3yo with autism away from me 3 month ago to a DV victim county shelter. She reported me to Police and DCFS and filed TRO and granted in Feb. Police and DCFS closed the case with no findings. TRO had twice got continuance and today denied in the end. The Judge read the judgement and the... Read more »

James L. Arrasmith
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answered on May 24, 2023

In the situation you described, with the DVRO (Domestic Violence Restraining Order) being denied, it is important to consult with an attorney who specializes in family law to fully understand your legal rights and options. Regarding visitation with your son before the August RFO (Request for Order)... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: How do I fight an assault charge that I was falsely accused of? I was the victim and the one I was assaulted?

This isn't the first incident either. The other time the police didn't believe me either. The guy that assaulted me has a lengthy record of assault and he's a convicted felon. He's also a professional boxer. I have bumps and bruises all over I have photo proof also.

Todd B. Kotler
Todd B. Kotler
answered on May 23, 2023

Fighting charges successfully almost always requires hiring a skilled criminal lawyer. You need to also be able to provide witnesses and documentary evidence that supports your version of the truth. WIthout that you will have to rely on the cross examination of the prosecution witnesses and you... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: What are the advantages/disadvantages of Strangulation & Assault being moved from General Distr Ct to Juv Dom Relations

My 22 YO Daughter is the victim of Strangulation & Assault (2 counts of Abduction was dropped) by her then boyfriend. At the Prelim Hearing, the Commonwealth Attorney asked my daughter if she and the defendent were living together. My daughter said yes and ther next thing I know the case has... Read more »

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

The Juvenile and Domestic Relations District Court ("JDR") maintains original jurisdiction for these types of claims if the victim/offender cohabitate together. There is no substantive difference between General District Court and JDR in the prosecution of these offenses. The initial... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: my mom is recording me the videos are me telling her I don't like it she says she will send them to people is that legal

my mom is constaltly recording me and threatening to send them to people that would include the police and the videos arent even bad it just me telling her I don't like what she is doing and after she hurt me and I have a scar from it she got a video of my crying and she says she will send... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 22, 2023

Assuming you are clothed during these videos and are not otherwise involved in illegal activities, they are legal. Your mother is within her rights to record a conversation between the two of you. Oregon law is more murky as to whether she can record you when she is not part of the conversation.... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... Read more »

Louis George Fazzi
Louis George Fazzi
answered on May 21, 2023

You should contact a lawyer as soon as possible. Before you do that, however, prepare a chronology of events, starting with the beginning, and bring it up to the current time. Then collect all your documents, and make copies of them all. Then contact an attorney to advise you, make copies of all of... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... Read more »

James L. Arrasmith
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answered on May 22, 2023

I'm sorry to hear about the traumatic experiences you have endured. If you believe you have been a victim of police misconduct, it is important to seek the right help in pursuing justice. Here are a few steps you can consider:

Document the incidents: Collect and preserve any evidence...
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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Q: I need a second opinion on my fiancees case
John Michael Frick
John Michael Frick
answered on May 21, 2023

You can retain an attorney to provide you with a second opinion. Be aware, however, that your fiancé’s attorney may know certain facts which your own attorney will not be privy to. So be sure that you are confident your own attorney explains to you possible alternative outcomes which may occur... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Todd B. Kotler
Todd B. Kotler
answered on May 19, 2023

Please remember this is site for general information and should not be used as a substitute for retaining a lawyer who regularly practices in the Court wherein your case is pending. That being said, if there is a pending case are there not also temporary orders (called "lis pendens" in... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Georgia on
Q: Should I keep let my child’s father see him although we have pending custody case?

He’s father lied in the case and had me served for joint custody but he drinks heavy and talks to us both aggressively. Is their information you can give me to help me fight for protection for me and my son . For full custody of my preemie baby

Alake Colwell Furlow
Alake Colwell Furlow
answered on May 22, 2023

The first thing you should do is hire an attorney. And I'm not sure what you mean by fight for protection. If there is domestic violence and an ongoing threat, you should seek a protective order, which is a separate case altogether. If you were served with paperwork for a pending case, and... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How do I fight domestic violence case don’t have a history domestic violence it was a one time incident cps is involved

I’m in no danger. My life is not in danger, nor is my children’s lives in danger. I was the aggressor, and I’m still being made to file falsely against my accuser. My home was split children taken I

Cooperating with everything I was asked from the courts and CPS neither party is... Read more »

James L. Arrasmith
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answered on May 18, 2023

In general, if you believe that false allegations have been made against you and you are being coerced into filing falsely against your accuser, it is important to communicate this to your attorney. They can help you navigate the legal process, defend your rights, and ensure that your side of the... Read more »

1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... Read more »

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Missouri on
Q: I have had a restraining order against my ex husband for the last 2 years, he keeps violating it

He just recently found out where we live and sent the police out here to do a health and welfare check on my daughter at midnight. I just want to protect myself and my daughter. Her last memories of him are from when he stole a car and wrecked it and left her locked inside of it. I need to find a... Read more »

Kristen Thurmond
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Kristen Thurmond
answered on May 17, 2023

You cannot get a restraining order in MO for a child when there is a divorce decree with custody determinations in place because the divorce judgment has higher authority than an order of protection (what is referred to as a restraining order). You will need to register your divorce judgment in MO... Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Judge will decide any temporary custody matter?

Wife left home 3.5yo with autism 3 month ago for a DV shelter unknown while filing TRO, reporting police and DCFS. Police n DCFS closed the cases with no finding evidence. DVRO w/minor(DV-100, 105) got twice continuance and the final hearing will be held 10days later. At the last hearing, Judge... Read more »

James L. Arrasmith
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answered on May 16, 2023

Temporary Custody: In cases involving child custody, temporary orders can be issued by a judge to address custody and visitation arrangements until a final decision is made. These orders are often based on the best interests of the child and aim to provide stability and protection during the... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... Read more »

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