The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?
answered on Mar 13, 2023
Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... Read more »
My ex-fiance has a long history of making false accusations out of spite. Her whole family knows I am being falsely accused and they want to testify on my behalf. I told my public defender that they want to speak with him, but he said he is not allowed to talk to the victim's family because it... Read more »
answered on Mar 9, 2023
Your attorney is allowed to speak with the alleged victim's family. The alleged victim's family does not have to speak with your attorney, but the prosecutor prevent them from doing so if they wish to. The same goes for any other potential witness with pertinent information; the... Read more »
The police report says a weapon was used, there was not. I lied. What would the outcome be of that? There is a danco in place but we have children and my wife is caretaker to our kids while I work. I need her to come home. It was a drunken argument and it got out of hand so fast. What is my best... Read more »
answered on Feb 14, 2023
No one on this website can give you "odds" that the case is going to be dismissed. We don't have access to the police reports and the other evidence in the case. But you don't have "veto" power over the case. The fact that you want the case dismissed is important,... Read more »
Can the court order a relationship between two people to end? I was involved in a domestic assault call at my house where my spouse was arrested and charged. I did not wish for a no contact order to be put in place. The terms are "no unwanted contact" meaning I can rescind my invitation... Read more »
answered on Jan 7, 2023
Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.... Read more »
I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.
answered on Nov 7, 2022
You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement... Read more »
answered on Nov 3, 2022
A Domestic Abuse No Contact Order ("DANCO") is a protective order issues by a judge in a criminal court file. As a result, any change prior to its expiration would have to be made by a judge. A "protected person" can ask the prosecutor to support ending or changing the terms... Read more »
I live with my grandmother as a caretaker. Over the years my uncle and his wife have caused her significant abuse. He's robbed her of money he owes her, taken her property, stolen from her, broken into her home, damaged her home, and has tried to force her off her life estate. They show up at... Read more »
answered on Oct 4, 2022
Violation of a Harassment Restraining Order is a crime and he will likely be charged if the evidence is sufficient to establish probable cause. You've done what you can. Continue reporting violations to law enforcement.
answered on Sep 27, 2022
That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.
answered on Aug 25, 2022
A subpoena is a court order which requires you to appear for testimony. A warrant could be issued if you fail to appear in court if subpoenaed. You could be held in contempt if you show up and refuse to testify. You should consult with an attorney if either of these is a possibility.
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 »
answered on Jul 10, 2022
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 »
answered on May 24, 2022
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 »
answered on May 16, 2022
There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.
Yes he's been charged and no he has no attorney he doesn't know what to do with this discovery
answered on Apr 9, 2022
You don’t indicate what your some is charged with or if he is represented. He needs an attorney if he doesn’t have one. He should talk to his attorney about this if he is represented.
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 »
answered on Jan 22, 2022
There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.
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.
answered on Jan 3, 2022
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 B sustained unknown injuries but we can assume a mild concussion and mild lacerations
answered on Nov 15, 2021
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?
answered on Oct 30, 2021
The fact that the HRO was dismissed has zero effect on the validity of the warrant for violating the HRO.
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 »
answered on Oct 19, 2021
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 »
answered on Sep 13, 2021
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 »
I don't know what judge to ask for
answered on May 19, 2021
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.
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