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Domestic Violence Questions & Answers
2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Where can I find a probono attorney in the collin county area?

I have looked up several and none of them are actually probomo

Jose A. Ceja
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Jose A. Ceja
answered on Jul 28, 2022

Hello-

If you can't afford a lawyer, your best bet may be to ask the court to appoint you an attorney. Typically the court will want you to fill out some paperwork swearing that you are indigent (have no money). Very few attorneys advertise themselves as "pro bono" and I...
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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Libel & Slander for Tennessee on
Q: My ex filed a bogus temporary protective order for “stalking” however I haven’t been served, will it just fall off?

She took our child and moved out of state for another guy. In desperate need of wanting a single bit of information or form of contact, I reached out to her family members, friends, and I emailed her as well. Yes we have exchanged mean argumentative emails however I just wanted to know the... Read more »

Cayley Turrin
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Cayley Turrin
answered on Jul 28, 2022

It won't fall off I highly suggest handling it.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: How can I get a restraining order reversed because the order was filed against me based on true statements?

I cannot see my son and he has a restraining order on me that came with the custody paperwork, I think. I have a hearing on 8/2 or 8/9 to handle the temporary restraining order but I cannot go that long without my son. I have never been away from him that long. He claims I am unsafe with my son but... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jul 27, 2022

Retain a lawyer and maybe they can help you

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Arkansas on
Q: Never read rights, never offered attorney, told plead guilty or go to jail. Plead guilty.. can I fix this.

It was years back, abusive ex husband I left showed up where I was staying and assaulted me. I had no job and was pregnant. I had no idea the consequences of pleading guilty. I was out on bail. At plea hearing the judge said if I plead not guilty he was going to put me in jail even after my... Read more »

Richard Lane Hughes
Richard Lane Hughes
answered on Jul 26, 2022

"It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective.... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: Can a plaintiff without representation request a plea in abeyance from an attorney? What would they need to provide?
William Melton
William Melton
answered on Jul 26, 2022

The plaintiff is the city/state that is prosecuting you. You would be the defendant. You can always represent yourself and contact the prosecutor to see if they will offer you a plea deal (a plea in abeyance is a type of plea deal).

1 Answer | Asked in Domestic Violence for Arizona on
Q: I am wanting to take violence case I was the victim back to court in Az. h evidence and myself not presented in tritri

I need to know if that is possible I can go in the court room and stand up for myself and the pictures of my head were not presented the first time pictures taken by police

Stephen M Vincent
Stephen M Vincent
answered on Jul 25, 2022

We don't know enough to answer this question.

But, generally, if there was already a trial, you don't get a second one. This is especially true if it was a criminal trial.

1 Answer | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I was arrested for taking my wife's phone when she threatened to call the police. They asked me in my home if I took her

Phone and I said yes. They put me in handcuffs and took me to the station without ever reading me my rights. Is my statement I made in my house admissible in court?

Thomas Briody
Thomas Briody
answered on Jul 24, 2022

The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Domestic Violence for Ohio on
Q: I am looking for a lawyer who will prosecute up to 3 union county deputies.

I apologize if this goes to Akron its fighting me to send this to Marysville.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 24, 2022

Call the UnionCounty prosecutors office.

2 Answers | Asked in Criminal Law and Domestic Violence for Rhode Island on
Q: I have a no contact order against me by my wife. If I change my FB profile picture to us and two kids is it a violation?
Thomas Briody
Thomas Briody
answered on Jul 23, 2022

This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: I took an epo out, hes in jail and they charged him with strangulation 1st, CA taking to trial,Can he b released on HIP?

He has a clean record, but strangulation was after he threw a glass and was bloody,, CA says found probable cause, and going to jury, can he bond out onto hip, and do i have to appear for jury? Sense I'm not pressing charges?

Timothy Denison
Timothy Denison
answered on Jul 23, 2022

Most domestic violence offenders are not released to HIP. Bond will be up to the judge. The Commonwealth is prosecuting the case so most decisions will be made by the Commonwealth Attorney.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Family Law and Domestic Violence for Texas on
Q: I have a court date to be evicted from my home. By my daughter. From my home in town had a trespass report by lying

What can I do? I need help now

John Cucci Jr.
John Cucci Jr.
answered on Jul 21, 2022

Sorry to hear about your problem.

If you have a court date set for your eviction, you need to act fast. If it is within the next few days, you can ask the judge to re-fix the court date, but they will only give you a week or two. There are some legal aid socities that help people who can...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: What is the penalty for writing a statement on domestic violence that isn’t true ? Misdemeanor

Could it be that they charge with a felony although it’s in general sessions court

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 20, 2022

If anything happened, then it will not be a False Report. Defendant needs a lawyer to prepare for a thorough Preliminary Hearing. That Charge is serious and no guilty plea should be entered. 95% of all criminal charges start in Sessions, and if not disposed, are sent to the Grand Jury.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: My husband was arrested for 4th degree assault domestic violence, I filed an epo, I wish to drop it, the attorney

The attorney office said to go to the court date of his hearing and tell the judge, my question is if the judge will drop the epo will my husband still be charged with assault and arrested?

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

Yes. The epo is a civil proceeding whereas the assault snd battery charges are criminal. Dismissal of the epo will not have any bearing on the resolution of the criminal charges.

1 Answer | Asked in Domestic Violence for Georgia on
Q: I pleaded guilty to domestic violence, in GA. on 06/27/2022. How much time I have to file motion to withdraw?

Location: Forsyth county, GA

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jul 18, 2022

Generally within the term of court you’re fine. I’d have to check the dates for Forsyth. Do you want to talk with your lawyer at length before making that call valve because once you file there’s basically no shot at ever getting a plea that good again. So you really need to be sir. Judges... Read more »

1 Answer | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Legal Malpractice for Maine on
Q: Invalid prenup became valid in retaliation of reporting fraud by attorney.

My first attorney verified to the Overseers of the Bar our prenup was invalid and I lost the benefit reporting him for writing a handwritten order with my signature forged on it, which gave my husband, defendant full control of our finances.

Timothy Denison
Timothy Denison
answered on Jul 17, 2022

What is your question?

1 Answer | Asked in Domestic Violence for New Jersey on
Q: can u go back to prison if someone puts a temporary restraining order on u
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 17, 2022

The answer depends on the conditions of your probation. That being said if your restraining order came with a criminal charge which they commonly do then its a good chance you would be violating your conditions of probation. Now that i have said this only your attorney or you know your... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Maryland on
Q: How does a motion for reconsideration work?

In April I went to court with my ex for him assaulting me. He took a plea deal and is serving 18 months. I noticed that he filed for a motion for reconsideration. Some context- he was already on probation for felony assault when he was charged with assaulting me. Before trial, he was MIA from his... Read more »

Mark Oakley
Mark Oakley
answered on Jul 17, 2022

He may be seeking to reduce his sentence, or where he is serving the sentence (like a prerelease work facility) but what exactly he is seeking to modify can only be known by reading the motion. It is impossible to guess when or whether a judge would reconsider the sentence imposed after already... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a person with a TPO carry a firearm?

Can you also provide the OCGA code as well??

Joshua Schiffer
PREMIUM
Joshua Schiffer
answered on Jul 15, 2022

The answer is almost always case specific with the default position being "no." Check the order that was actually issued and it should directly address firearms. Especially if the TPO is DV related, the courts are very wary of firearm possession when there are such emotional issues before it.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: fiancé has warrant from prior marriage in NM for aggrav stalking. How likely is that to affect him living in Louisiana?

Will NM pursue violators out of state? Will they refuse a divorce? Will LA arrest and extradite?

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

Based on your post, and while I do not know the specifics of all of this, my recommendation is that you should have your fiance take care of the New Mexico business ahead of time and before you get married. You do not want his past to all of a sudden impact you present or your future.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: If a petitioner violates a DVO, what are the consequences?
Timothy Denison
Timothy Denison
answered on Jul 14, 2022

None for the Petitioner. The dvo is only against Respondent.

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