You are permitted to use proportionate force to defend yourself. It all comes down to reasonableness. Is it reasonable to shoot a person for slapping you in the face? No. That's not self-defense. Does it matter if your attacker has an injury like you say? Yes, to some extent that will inform...Read more »
My brother in laws wife died last year. He started drinking for the whole year. He tried to drive and his babysitter/ female friend tried to take the keys and they wrestled on the ground for them and they charged him with domestic violence. She lives across the street. They are not dating. She... Read more »
For it to be DV instead of assault, they will have to prove she is a family or household member. Sounds like they won’t be able to do so, which means they will likely amend the charge to assault once they figure that out.
If your nephew isn't married to the mother, he must have signed the birth certificate or had an DNA test to establish paternity in order to have standing for a custody issue. Children Services is already involved, and has returned the children to mom. As mother, she is the rightful custodian...Read more »
I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »
He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s...Read more »
Divorce hearings are set generally once the clerk receives proof of service. The opposing party has 28 days to file an answer and can file a counterclaim and/or other motions. When parties are not seeing any hearing date and it has been a reasonable time for the clerk to process the proof of...Read more »
Pursuant to Ohio Revised Code 3109.042 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. Another party would...Read more »
My mother and step dad have been going into her room and smashing her things she is 19 but she is mentally disabled no one in the family is well off enough to take her would she be allowed to record her room to be able to see what he does to her things when she's gone as proof of vandalism?
There is no law against putting in a camera. But parents could remove it. Any mental or physical abuse should be reported. A family member could apply to become her legal guardian and then apply for available benefits to find her another living arrangement.
The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your...Read more »
I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »
If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child...Read more »
There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's...Read more »
I was arrested over the weekend for a M1 charge and a F3 charge in ohio. Went before the judge Monday. He set bail, but released me without me paying it. I have a preliminary for the F3, and a pre trial for the M1 on Thursday. I am going to court then no matter what, but I am not sure what to... Read more »
As long as you keep showing up for court and stay out of trouble, it is extremely unlikely you will be rearrested or have any changes made to your bond. You really ought to get an attorney to help you with this. An F3 is no joke.
She then was blocking me from getting a hoodie out of my room so I tried to move her out of the way. She was so inebriated that she tripped and fell and hit her forehead on the door jamb and got a black eye. My wife called the police on her because it was not safe to have our one year old son... Read more »
Prosecutors are loath to drop domestic violence cases simply because the victim’s story changes. That happens all the time. It sound like there may be at least one somewhat independent witness in your wife. You should work with a lawyer to present your defense.
I can no longer afford legal representation at the current time. I had to let my attorney go last week. Having a Deposition ASAP is in my best interest. Without counsel, I could use guidance on where to begin and how to best proceed.
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.