My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car... Read more »
Assuming a lawful stop of an Uber driver, can police lawfully ask a passenger for identification information? Generally, yes - unless the detention was unreasonably prolonged or intensified. Can the passenger refuse to provide that information? Generally yes. However, in my experience at least...Read more »
Depending on the age of the child, it would be difficult to prove that the parent "forced" the child to lie to law enforcement. This would a very fact specific situation and oftentimes there are two very different perspectives to what occurred in a situation. Additionally, private...Read more »
She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »
I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »
I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.
Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under...Read more »
Person A would likely be charged with 2nd Degree Assault, which is a felony. Person B doesn't "press" charges. The allegations get reported to law enforcement, law enforcement investigates, and the county attorney makes a charging decision.
Defendant has an active misdemeanor warrant and is currently being held on a hold in another county. The issuing county has not responded for 48 hours. What do I do to either have him transferred to the issuing county or released with a citation?
Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.
To my understanding everything she said in the ofp... Read more »
The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.
My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »
The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a...Read more »
You can certainly send something in writing. A copy would need to go to the prosecutor and the defense attorney. In that letter you would simply ask for the DANCO to be cancelled and explain why you are asking for that to occur.
It's been about a year and a half sents the incident he has done DPT and finished his probation he don't have to report anymore I keep asking the victim advocate what more do they want but keep dragon it on
You should contact the court directly to request that the DANCO be cancelled. The judge is the ultimate authority of whether the DANCO remains in the place. You could also have the counselor write a letter in support of having the DANCO cancelled.
Thank you!! I have had no interaction that provoked it besides me shaking my head. He is attempting to ban me from a hospital when I did not initiate any encounter with him, and he stormed up to me demanding the I know who he is and I better not mess around with a man like him, I have no idea what... Read more »
Yes, they can force you to testify via a subpoena. A warrant can be issued if you do not show up to testify. It is impossible for anyone on here to answer intelligently whether the case would be dropped if you fail to show or don't testify. The prosecutor makes that decision and the...Read more »
You can attempt to plead the fifth. But ultimately, you will likely be given immunity which means that you no longer have a fifth amendment right to remain silent. As a result, you could be held in contempt if you refuse to testify. Being held in contempt would likely mean that you would be held...Read more »
You can't certainly contact either law enforcement or the prosecutor to address this issue. In all likelihood, your initial statement to law enforcement was audio recorded, and perhaps video taped as well via a body cam. So there should be an accurate recording of your statement. You...Read more »
It is your obligation to leave immediately if you see the protected party whether you expect to see her or not. It sounds like you attempted to do that. Get an attorney on board immediately to fight this.
On going as we speak and every moment I am trying to seek legal representation and consultation im a continued victim of a criminal enterprise. I need a downtown lawyer to discuss legal strategy. The alleged perpetrators actions was not only criminal in its intent but deadly in its execution. I... Read more »
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.