Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am the criminalized survivor of a dv incident on 9/23/23. my spouse nearly killed me when I tried to stop him from driving very drunk. The case is in mental health court in Tucson & I could use help filing charges since I was grievously injured, not him.
Partnered for 32 years, his... View More
Can I talk to an attorney about my case
There is an active case and the children are with a kinship. The father of the children would like to file custody for the children. What are his obstacles
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The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do
answered on Sep 5, 2024
Your spouse faces an uphill removal proceedings battle:
1. He was deemed removable prior based on his criminal conviction of domestic battery
2. He re entered the United States which constituted another criminal infraction based on his procedural history,
3. While in the... View More
Class 5 felony unlawful distribution of images
answered on Jul 27, 2024
A.R.S. 13-1425 does not have necessarily require a lack of consent in order for someone to be found guilty of unlawful distribution of images.
The main question is if the "victim" had a reasonable expectation of privacy for that image. As a defense you could introduce evidence... View More
The officer never filed the charges and my wife and I were assaulted in our home by the person and he still refuses to file charges do I have a lawsuit
answered on Jul 27, 2024
You may have grounds for a lawsuit based on the officer's refusal to file charges and the subsequent assault. The failure of law enforcement to act on your restraining order and protect you could potentially be considered negligence. You should gather all relevant documents, including the... View More
I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More
answered on May 1, 2024
If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More
2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More
answered on Apr 3, 2024
I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:
1. Contact law enforcement and file a police report.... View More
answered on Feb 24, 2024
Extradition between Mexico and the United States is governed by treaties and international law, which allow for the transfer of individuals facing criminal charges or convictions from one country to the other under certain conditions. Whether you will be extradited for a domestic violence assault... View More
I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More
answered on Jan 22, 2024
To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More
The detective asked me to come in for a victim interview but I never knew there was a case or an investigation since I did not want to report anything.
answered on Jan 13, 2024
If you were a victim of an assault but do not wish to press charges or participate in an investigation, it's essential to communicate your decision clearly to the detective. You have the right to decline involvement in any criminal case.
You can politely inform the detective that you... View More
I’m in Arizona, an individual was removed from my home due to domestic violence and an order of protection was placed. A civil standby was just conducted and belongings were left behind. How long do I have to keep her stuff on my property?
answered on Dec 5, 2023
In Arizona, after a civil standby is conducted due to an order of protection, there are specific guidelines regarding how long you must hold onto the belongings of the individual who was removed. The law generally expects you to keep these belongings for a reasonable period, allowing the person... View More
We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More
answered on Oct 9, 2023
Sounds like your best option is probably to going to be filing a Motion for Reconsideration.
The standard for dismissing a judge for bias is so high that you are very unlikely succeed. I do not recommend going that route.
If you have evidence Father lied, present it and let it speak... View More
RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More
answered on Jul 19, 2023
I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.
As an aside and just as an FYI: Hearsay is permitted in family... View More
For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More
answered on Jul 19, 2023
I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.
Unfortunately, there is not much you can do right now.
If the order came... View More
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
answered on Jul 18, 2023
Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.
Mediation is not a forum for presenting... View More
My lawyer neglected to show proof that i did not assult my sister with my car, she previously jumped in front of my brothers car with my niece inside the car, exactly the same situation as with mine and both my brother and niece wrote their account to help support the fact that she jumped in front... View More
answered on May 9, 2023
You need to hire another lawyer and (assuming you are within the statutory time limit for doing so) ask for either a reconsideration of your case (by the same judge) or an appeal. Your argument is ineffective assistance of counsel. Please, understand that this forum is NOT a substitute for hiring... View More
I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... View More
answered on Jan 21, 2023
If you want them prosecuted, you need to make a police report.
You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.
He says her new boyfriend verbally threatened him the night before.
answered on Dec 29, 2022
Obviously, he didn't bring the bat to play baseball with the child; he brought it to have a potentially violent confrontation with the boyfriend in front of the child. That is really problematic.
If there are orders in place, your daughter might want to consider seeking a... View More
No abuse or harassment no police were involved
answered on Sep 16, 2022
No, they will not get in trouble. The only person restrained by the order is you. Therefore, you are the only person who can be arrested and charged with a crime for violating it.
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