I live in Kentucky
answered on Feb 27, 2023
No. Whether to prosecute or dismiss the charges is solely up to the prosecutor.
Will this help me in my DVO case?
answered on Feb 23, 2023
If you are the one with the EPO charges against you, you are not allowed to have any contact with her. If you have contact you could be charged with violating an EPO and be arrested on a new criminal charge. She is not under any restrictions. She does not have an EPO against her from what you are... Read more »
It was verbal threats only, and smashing an Apple Watch.
answered on Feb 18, 2023
That still can be domestic violence. Usually, the court will consider the petitioners request.
What can I do to get this dismissed? She states it's because I have key to our apartment (no guns or really anything inside, my stuff was emptied out of it). When the attempt happened, her family took my key and never gave it back. The leasing office gave me the key back since I paid rent and... Read more »
answered on Feb 7, 2023
Should be able to, yes, unless you’ve been convicted of other crimes in the interim.
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 »
answered on Feb 6, 2023
Hire a divorce lawyer immediately and begin the process immediately.
Victim was the one that police came in on and because the detective didn’t get what me wanted from me he turned to my boyfriend and had him arrest 3 months after the fact. The Sheriff’s that came was confused over it and, supposedly the warrant wasn’t signed by a judge either. He spent 78... Read more »
answered on Dec 11, 2022
An arrest can be made by police in a domestic case based on probable cause determined by the officer. He does not have to witness it or be present. An arrest may also be made upon a warrant issued upon a sworn statement of the police or private citizen. Consult a criminal defense lawyer near you... Read more »
Spouse of friend had her arrested night of her 30th birthday, thanksgiving morning. They were in verbal disagreement at home and she fell asleep on couch. Police arrived and she woke up to them arresting her. He filed an epo on her while she was in county jail for “4th degree assault with no... Read more »
answered on Dec 8, 2022
She can go apply for an epo again him. It is up to the Court whether they allow it or deem it retaliatory.
While in court I understand the two parties will use evidence against each other, what should the victim look out for? How could the abuser turn the story?
answered on Dec 5, 2022
The abuser can attempt to file charges but typically the charges are not accepted by the County Attorney if they are the second one to file.
My fiance' is on a 12 mth probation for domestic abuse. We recently had another fight and I was suicidal and sent to hospital for threat to myself or others. While in hospital he filed an EPO against me. If I file domestic charges what will I have to prove?
answered on Dec 5, 2022
1). That domestic violence has occurred and is likely to occur again;
2). That you are in fear of the abuser;
3). That you have taken all possible steps to avoid him/her.
answered on Nov 29, 2022
Yes, presuming there are no other prohibitions on your right to possess a weapon.
It to first see if it was real second see what they had to say and they apologized and showed they got in therapy I said idk if I can talk to you legally they screenshot google saying I can I research and idk he comes up shows he is not well and os dangerous but then threatens to turn me in make me... Read more »
answered on Nov 29, 2022
I don’t understand the facts. It’s a confusing scenario. If you violate a DVO and there is clear proof they could turn it into the prosecutors and they could seek charges but not always and even if they do that wouldn’t mean you automatically lose a child
There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?
answered on Nov 25, 2022
Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.
answered on Nov 17, 2022
You can and should report it immediately. Reporting a crime is not a violation of your epo.
answered on Nov 12, 2022
No. You will have to file a petition for emancipation in the district court of the county in which you reside.
Can I go to jail of I got epo dvo on my x he is homeless n stays in my house wants to shower eat n lay down can I go to jail for helping him ?
answered on Nov 6, 2022
No, but ex can go to jail for violating the epo as you described.
I went filed epo on my x and went to court on Monday judge said come back in 2 weeks bcos he hasn't been served well he got served. Cops come to my house and he was in bed and got arrested but we haven't been to court yet. Now what I want to know is we worked out things. I don rant to go... Read more »
answered on Nov 6, 2022
Yes. You will have to go to court and ask the judge to dismiss the epo now.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
