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Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for California on
Q: Does a police officer have to charge you with obstruction.

I was assaulted by my spouse when asked if she hit me I said no. I didnt want her to get into trouble. When she gave her statement she said she hit me so when asked again I said yes. I didnt currently get charged with it but would I have been told if I was getting charged ?

Dale S. Gribow
Dale S. Gribow
answered on Jun 29, 2022

when there is a DV call, the officer usually arrests 1 of the parties.

was she arrested?

i wouldn't worry about you and note that the DA charges, not the officer.

call a local lawyer for your wife

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If I lied about assault and he got arrested but it wasn't true what do I do
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 28, 2022

You could be arrested for filing a false police report. You need to tell the truth and hopefully they will dismiss his criminal case,

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: I’m in Louisiana, my husband bought a home before we were married, however, we’ve been married for 11 years.

Who leaves after a domestic argument and do I have any right to the home?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Sister call cop said I hit her im at corner store can cops come in and detain me

And when arrived cop sees no visible markings never question my mom and detaining me never told me why what happened or anything just walked up behind me told me stand up turn around put your hands behind your back inside the store

John Cucci Jr.
John Cucci Jr.
answered on Jun 24, 2022

The short answer is YES. I would not say that unless it were true. If the cop ID ed you, and there was an allegation by your sister, the cop had a job to do to at least talk to you. Detaining you was lawful for a very short period of time to inquire. The worst part is you do not know exactly what... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a restraining order in place. The restrained party is retaliating by filing small claims cases every two weeks

And filed a wrongful death lawsuit. 4 cases total in 2 months all lies and each getting thrown out of court. I am having to miss work to appear on these cases and fear losing my job over lies. Can I sue or get respondent in trouble for harassing me with court system?

John Karas
John Karas
answered on Jun 24, 2022

If as you say, the case were "thrown out of court" (meaning dismissed), you may be able to sue the restrained party for malicious prosecution if the dismissals were the result of a court determination that the lawsuits were without merit.

1 Answer | Asked in Public Benefits and Domestic Violence for Nebraska on
Q: Do I have to be notified ahead of the hearing date why someone is taking me to court so I can prepare?

The plaintiff is my ex bf whom I have a restraining order on and that no longer lives with me. The notice does not state what the reason is for the hearing. Clerk of the District Court said they do not have that information and that I should have an attorney with me on that date but I cant hire a... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jun 23, 2022

You would be well served to schedule a consultation with an attorney and bring in the notice of hearing you received. A Nebraska attorney can review the document and access the public court file and tell you what the hearing is about. For example, has your ex filed for a hearing on the protection... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Wisconsin on
Q: My ex husband was arrested for 1 947.01(1) Disorderly Conduct Misd. B Modifier: 968.075(1)(a) Domestic Abuse

Recently had a court date extended but had to pay a signature bond with conditions. The conditions. He was not to come in contact with my home, vehicle etc except texts to exchange kids. I have a text to prove he was in my home. Now what

Jane E. Probst
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Jane E. Probst
answered on Jun 22, 2022

You need to contact the police to report this. If he violates conditions of the signature bond, it will be revoked or modified.

4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »

James A. Abate
James A. Abate
answered on Jun 20, 2022

He needs an attorney. When police observe signs of physical injury they must make an arrest. Your statement may be seen as the result of pressure from the husband. An attorney will know the correct way to pursue dismissal. Get him an attorney.

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1 Answer | Asked in Domestic Violence for Mississippi on
Q: I pressed charges on my husband for domestic violence and it was a mistake. Am I allowed to drop them?

I did it out of anger and didn’t include the whole story and our daughter will be born in two weeks and I really need him there. They are saying I have to wait until court to drop the charges and even then it’s up to the District attorney. I need advice I’m freaking out!

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 20, 2022

What you were told is exactly right. The charge was brought by the State, not you. You are a witness. Whether it is dropped will be up to the prosecutor. This is done to insure that true perpetrators of violence are punished and victims are protected. Criminal charges of any kind should never be... Read more »

2 Answers | Asked in Domestic Violence for Texas on
Q: If someone calls 911 and threatens to kill you, is that a terroristic threat in Texas?

A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 19, 2022

They are filing false police reports. Police could if arrested him for false police report.

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2 Answers | Asked in Domestic Violence for Texas on
Q: If someone calls 911 and threatens to kill you, is that a terroristic threat in Texas?

A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Maybe. Maybe not. It depends on the context for the threat and the INTENT of the person making the threat rather than the feelings of the person who received the threat. For example, if the person's purpose was to motivate the 911 operator to send officers to a fake emergency it would be a... Read more »

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2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Timothy Denison
Timothy Denison
answered on Jun 18, 2022

Yes. You can legally not allow them into your home but not sure what damage this does to the marital relationship.

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2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Jun 20, 2022

If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence, International Law and Juvenile Law for Texas on
Q: My brother molested me when I was 13yrs old. Albert is 2 yes older. He did these sick acts for a few weeks. U told Mom

My brother stopped but not before he beat Dad up in the Shoe shop as I walked in back door after school seen Dad laying on floor and picked a shoe hammer up to fend Albert off of Dad. I cried then it was in high school days

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jun 18, 2022

What is your question, If you want to file charges file a police report,

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: If my husband is arrested an charged twice wth domestic assault on me is he automatically ordered to stay away or do i h
Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2022

Usually a Bond Condition will prohibit interaction with the alleged victim.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: What should I do once the pfa order against me expires today? My husband lied in order to obtain to begin with.
Mr. Ryan L Hyde
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Mr. Ryan L Hyde
answered on Jun 16, 2022

I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My boyfriend was arrested in March and charged with battery (FVA) and part of his bond conditions was no contact order

With me. But we was never apart and I visited him while in jail and picked him up the day he was released. On June 3rd he was arrested for driving without license and they also charged him with Violation of Family Violence Order and held without bond. He has since plead guilty to the battery charge... Read more »

Joshua Schiffer
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Joshua Schiffer
answered on Jun 16, 2022

All misdemeanors in GA are guaranteed a bond, but it appears the real issue here is they are prosecuting him for violation of a bond condition. Even if he and you wanted to have contact, if he is found to be in contact with you he is subject to prosecution.

The best thing for y'all...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I have my gun rights restored after a domestic assault in 2020?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 14, 2022

If a Conviction, no. You should have known this prior to pleading to a crime worse than many Felonies. But check your final disposition on the Warrant/Judgment. Consult with a competent attorney, not like the one you had, and find out about legal weapons.

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