I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.
The burden of proof is on your wife to prove that she is entitled to a Protective Order by a preponderance of the evidence. You can testify, call witnesses, and introduce evidence such as texts, e-mails, photographs, video, etc. You should consider retaining counsel for the final hearing.
The warrant is in West Virginia
You should repost your question to West Virginia attorneys by listing the location as West Virginia.
School bus is stopped in far right and I am in the far left, do I have to stop?
Yes, you have to stop. A divided highway is a road with an intervening space, barrier, or a clearly indicated dividing section constructed to impede vehicular traffic. A middle turn lane is not an intervening space.
If there is a bench warrant, you should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and the case set for trial. The attorney can then defend you on the charges. You should reach out to the attorney... Read more »
I petitioned the courts in Oct 2021 and was awarded back my gun rights. My question is when I go to purchase a new firearm how do I answer the question about being convicted of a domestic violence.
If you were convicted of a crime of first or second degree assault and it was a domestic incident, then you were convicted of a domestic battery.
None of us know any details about your prior record. You should consult with a lawyer.
A maryland home improvment license
I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is... Read more »
I has a hearing coming up that has been canceled because my old employer has withdrawn issues?
It means that they are no longer contesting the claim or issue that they raised in your case.
I have not been charged. A dwi in Maryland is a misdemeanor. Can I hire a lawyer to file a motion to dismiss since it’s beyond the statute of limitations?
If you have not been charged and citations have not been issued, there is nothing that an attorney can do since there is nothing to move to dismiss. If charges have not been filed by now, you will not be charged.
If citations were issued, then you have been charged and the statute of... Read more »
My dad was given a summons for me today for a debt that is now past Maryland’s 3 year statue of limitations on credit debt collection. However even though the summons was just issued on March 8th, 2022 it states that they filed in July 2019. How am I just being served and is this legal? Does the... Read more »
The statute of limitations is satisfied once the lawsuit is filed. So long as the lawsuit was filed within three years, the statute of limitations was satisfied. In addition, some contracts are under seal in which case the statute of limitations is 12 years.
In general, civil claims and judgments cannot be expunged. Only civil citations can be expunged.
pending against me. If I ask them for proof and they don't give it to me should I just block the number?
If you are being sued in Maryland, you can look up your cases on Maryland Judiciary Case Search. All civil lawsuits in state court should appear.
I received a call from two different companies about a debt that is not mine. How can I find out if I'm dealing with identity theft or a scam?
It very well could be a scam. Do not provide any personal information. Tell them to send proof of the debt by regular mail.
If you were stopped by a police officer, then there are points and a high fine. You should request a trial and not a waiver hearing within 30 days. If the police officer fails to appear, you will be acquitted. If the police officer appears and you are convicted, the judge can offer probation... Read more »
No, this is a crime. You cannot record any phone calls without the consent of all parties.
If I go to court just myself will I be okay and not go to jail because I can’t afford a attorney?
It is unlikely that you would go to jail for this offense especially if you have no prior record. An attorney may be able to get the charge dropped in exchange for community service. You should reach out to the Public Defender if you cannot afford private counsel.
Video shows me doing my due diligence to ensure there wasn’t a vehicle in my blind spot . I have a CDL
You can receive probation before judgment for a moving violation in Maryland. You need to request a trial within 30 days of the hearing and go to court. However, for CDL purposes, a PBJ can still affect your CDL since under federal law, PBJ's are the same as a conviction.
I was told a law was passed that if incarcerated you don't have to retake everything
I am not aware of this law, but it does not mean that it does not exist. Your best bet is to contact the Motor Vehicle Administration and ask.
It is not extortion to say that you are going to press charges for harassment unless the person stops bothering you. It is extortion to say that unless the person pays you $50,000, you are going to file charges for harassment.
You will need to speak with a lawyer. Discuss this with your parents and have them retain counsel for you. Whether you will go to jail depends whether or are charged as a juvenile or an adult, the type of weapon involved, the facts, possible defenses, the judge, and other factors.
Or get cheap legal, if there is such a thing :) I was never arrested, it was one of the first internet "theft" charges, but it was not a theft, I had a sewing biz and was injured, I told them all their items would be delayed, they didn't like time frame, didn't want money back... Read more »
If all charges resulted in a nolle prossequi, then you can your record expunged. You should do so as soon as possible. Forms are online or you can hire an attorney.
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