James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry you are in this difficult situation. Domestic violence protection orders and early lease termination laws vary by state, so it's important to look into the specific rules for your location. That said, here are a few general points that may be relevant:

- Many states have... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Yes, there are laws in place that allow victims of domestic violence to break their lease without penalty in certain circumstances. The specific law and requirements may vary by state.

In Mississippi, there is a law (Miss. Code Ann. § 93-21-23) that allows victims of domestic violence to... View More

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... View More

Really, the statute of limitations has been satisfied since you were charged within the relevant time frame. That being said, your case may be dismissed due to the passage of time, depending on how long it has been since you were charged.

If the state has charged your boyfriend, it is an ongoing case before the court. It may go to trial if he and the prosecution are not able to reach a plea agreement.

You will need to talk to the prosecutor about dropping the charges. The charges are brought by the State; you are a witness to the crime. It will be the prosecutor’s decision about a dismissal.

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

It really depends. I'd be curious to know what they are having you go to court for. If it's for a preliminary hearing, then it needs to be done because your husband could testify as to what happened and express his wish to not proceed. Regardless, depending on how long it has been since... View More

Go to the Clerk’s office of the Court where the charges were filed, give the deputy clerk the defendant’s name and the case number. They will make you copies of the file at a cost to you.

Assuming that it was either dismissed or you were found not guilty, then the case is no longer active and you should not have to go to court. That being said, it may still pop up on a background check with the final disposition on the background check.

What you were told is exactly right. The charge was brought by the State, not you. You are a witness. Whether it is dropped will be up to the prosecutor. This is done to insure that true perpetrators of violence are punished and victims are protected. Criminal charges of any kind should never be... View More

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... View More

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... View More

Domestic violence is a violent charge. However, the court that you are dealing with may have a list of charges that are considered violent for sentencing purposes.

You will not need an attorney in this case. You are a witness for the State.

You don’t say if you were the victim or a witness. However, if you are served with a subpoena to appear, then you must appear or risk further action by the Court against you.

From the looks of it, you have a case that should go to trial, particularly given the circumstances of her entering your home. Your best bet is going to be to contact an experienced criminal defense attorney to walk through the facts and circumstances of what happened, especially when it comes to... View More

You should contact the court that the case is pending in and speak with them since you are the victim.

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.