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Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for Kentucky on
Q: Can I get my domestic violence charges expunged from my record they are 13 years old
Timothy Denison
Timothy Denison
answered on Feb 7, 2023

Should be able to, yes, unless you’ve been convicted of other crimes in the interim.

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1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother has a domestic abuse case she signed to affidavit of non prosecution what can be done to get this thrown out
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an attorney,... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... Read more »

Joshua Schiffer
Joshua Schiffer
answered on Feb 7, 2023

Lots to unpack there, and you have a lot of influence over the process as much as the State is going to use their independent tools to determine what happens.

The local prosecutors should have a victim witness team to support and guide you, although remember they work for the prosecution...
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1 Answer | Asked in Domestic Violence and Criminal Law for Louisiana on
Q: My brother was charged with domestic abuse a affidavit of non prosecution was signed because she wants to drop the charg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 7, 2023

The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: If the state of MS pressed charges for DV against my husband on my behalf. Can I get them dropped?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 7, 2023

You will have to speak to the Prosecutor about dropping the charges. You are not bringing the charges against your husband; the State is. Several factors will come into play, e.g., the severity of the injuries, if any, the circumstances of the assault, the history between you and your husband, your... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Kentucky on
Q: No charges we made, but lofty claims and some truth were stated. What’s the EPO process for married new parents?

Wife filed EPO, while I was at work. Spoke of past rage issues of mine where authorities were called and she left to take a breather and come back. Still no charges. She contacted me while I was in the hospital over the last week. But said I could not call back. Refered to me as her husband still.... Read more »

Timothy Denison
Timothy Denison
answered on Feb 6, 2023

Hire a divorce lawyer immediately and begin the process immediately.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself.... Read more »

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Education Law for Georgia on
Q: Can a CASA become a career GAL? (Be a paid GAL instead of volunteer)

Research seems to show volunteers can be GALS as a CASA but to be paid you must be a licensed mental health professional or lawyer. Are there other pathways to being a GAL?

Joshua Schiffer
Joshua Schiffer
answered on Feb 5, 2023

From a webpage I often rely on:

Only those individuals who have received training administered or approved by the Office of the Child Advocate may serve as a GAL in a proceeding concerning the custody or welfare of a child. O.C.G.A. 15-11-9(b). A GAL shall receive such training as provided...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: What firearm restrictions r put an individual convicted of a misdemeanor domestic violence in CA that now resides in FL?

My mom is married to a guy that hit her and was charged with Domestic violence in California. They stayed together but shortly afterwards lost their home in the Paradise CA fire and now live in Florida. My sister once took his guns away when he was suicidal and never reported it. We know he's... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2023

No, your mom is not prohibited from purchasing firearms just because her husband has been convicted of a California misdemeanor involving domestic violence. If she acquires the firearm with the intended purpose that he has access to it, she would be committing a felony; see Florida Statute... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
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1 Answer | Asked in Domestic Violence and Criminal Law on
Q: Can they charge someone with domestic violence that3rd party hearsay

My friend was charged with domestic violence. No cop present with someone else saying she did it. There was a mark on his face but he did that himself not her.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

A person can be charged with domestic violence based on a statement given by a third party who claims to have witnessed the acts. A police officer does not need to personally witness the violence. In fact, it is extremely rare that the police officer personally witnesses the violence. Often, it... Read more »

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Domestic Violence for Ohio on
Q: if I have been subpeoned on a domestic as a witness.do I have to testify against my husband
Matthew Williams
Matthew Williams
answered on Jan 31, 2023

If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: What does run concurrent mean
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

Sentences on different courts can run at the same time rather than back to back.

1 Answer | Asked in Domestic Violence for California on
Q: Can I contest a restraining order as the protected party in Los Angeles County?

My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 30, 2023

YOU MUST REMEMBER THAT THE PEOPLE OF THE STATE OF CALIFORNIA ARE THE VICTIM..........NOT YOU.

ONLY THE DA CAN DECIDE ON FILING..............

THE JUDGE JUST DEALS WITH SENTENCING IF THERE IS A PLEA OR CONVICTION.

I WOULD TALK TO HER LAWYER TO EXPLAIN YOUR POSITION AND HOW YOU CAN ASSIST.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: A pc242 telephone hearing scheduled for my brother,who kicked out of his place a girl I was dating., She showed up drunk

She was drunk and angry,yelling and threatening me.,My brother ask her to leave.,She wouldn't.,my brother is 70 years old

Dale S. Gribow
Dale S. Gribow
answered on Jan 27, 2023

MORE INFO IS NEEDED.

YOU SHOULD EITHER SET UP A CONSULTATION WITH A LOCAL CRIMINAL LAW ATTORNEY OR, AT THE FIRST APPEARANCE BEFORE THE JUDGE, ASK TO HAVE A PUBLIC DEFENDER APPT'D TO REPRESENT YOU.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

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