Get free answers to your Domestic Violence legal questions from lawyers in your area.
My former partner has started a Civil case against me demanding my continued payment of rent on lease based on a DV case that will be going to trial with in 30 days. The Civil case is this Monday.
answered on Dec 15, 2022
INITIALLY, YOU SHOULD CONTACT A LOCAL TRIAL LAWYER IF YOU CAN.
THE DV IS CRIMINAL AND THUS YOU EITHER RETAINED A LAWYER OR ONE WAS APPOINTED FOR YOU..........ASK HIM/HER.
A LAWYER NEEDS TO REVIEW THE LEASE........NAMES, TERMS ETC
IS THIS SMALL CLAIMS WHERE LAWYERS ARE NOT... View More 
My aunt hasn't allowed me to go back home I paid her rent she has yet to evict me... She is lied and said I attacked her because she wants me gone...all I'm asking is for some time!
answered on Dec 12, 2022
If you are being prosecuted for a criminal matter, either retain a private lawyer or request a public defender at the arraignment.
if you don't know a lawyer, look for a local one on the internet.
answered on Dec 2, 2022
I think you should contact a local family law attorney if you don't already have one.
Both being on the title, you should both have the right to the car...........
A divorce lawyer should help to present this evidence to the judge.........and or deal with the atty for your ex... View More
Never charged I got dv
I wrongfully accused
Never arrested or charged
answered on Nov 20, 2022
the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance.
s/he will have access to a police report and any other evidence.
since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not... View More
I have had a restraining order on my babies dad since 2018 he keeps harming me physical and mentally I've made so many reports he always gets released in short periods of time. I think he is mentally ill, I'm afraid he will one day hurt me badly or hurt someone else. I want to go to court... View More
answered on Nov 1, 2022
if there is an active case open, talk to the DA witness assistance people.
you really should try to have a lawyer assist you.
if you can't afford one, maybe legal aid will be able to do so!
attacked him to keep our 3 month old baby. We have gotten into arguments before and just threatened to hit me. that day he came over picking a fight and he did hit me I fought to defend myself he bit me twice and pulled out a lot of my hair
I think i bit him to. he convinced the officer... View More
answered on Nov 1, 2022
you need a local criminal lawyer for your criminal case and a family law attorney for the custody issues.
have you requested a Public Defender ???
maybe they can do something to assist with some of the family law issues too???
answered on Oct 27, 2022
When calculating credits you want to subtract actual time in custody from the total sentence imposed, then apply the half-time credits to determine the out date. So, roughly two years is 730 days, minus the 150 (5mo in), or 580, which would be 290 at half-time, or about 9 months
Well the alleged would b my forner gf and no I didn't speak to the police until about a month later they picked me up on a prob cause warrant. She says she dit wanna press charges now but she has been subpoenaed. I told her I didn't think that they could make her testify if she's... View More
answered on Oct 20, 2022
did you report it to the police or talk to the police at the time of the incident?
they can subpoena you and if testifying would incriminate you, then you could take the 5th.
My friend has been with her abuser for months, she deals with depression and has adhd. Every time she’d try to break up with her, the abuser would start calling talking about suicide, drunk driving making my friend stay out of fear. Her abuser has prior DV charge on another female. She has... View More
answered on Oct 19, 2022
Speak with an attorney who advises witnesses. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
The DA will not respond to my emails I have begged for help. My attacker will come after me when released from CDCR. I will become un-homed to protect my parents from any more danger
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2022
You can seek a remedy in civil court under either a DVRO or a CHRO. You can specifically ask for such a request. However, no guarantees on the judge signing off on it, but can be worth a shot.
I was actually the victim and only defending myself, I have pictures to prove I was being pinned up against my car when the incident occurred, I was not aware the cops were even called until they had already gone. I am on DISSABILITY and can not afford to pay a lawyer..No one has even gotten my... View More
answered on Sep 28, 2022
Speak with a lawyer who will defend you, that's the first action you should take. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I filed Restraining orders against individuals for internet harassment, slander and other harassment...the hearings ready to place, RO not granted but I would still like to get the IP addresses from the businesses used by the harassing individual, to post the slander so that i can trace it... View More
answered on Sep 23, 2022
If the case is no longer active, what basis would you have? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in... View More
answered on Sep 19, 2022
A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.
I called the police on my spouse cuz he took my cell phone and pushed me to the floor and I thought he was trying to do something to my mom. But he only pushed me cuz I was grabbing him and stopping him from getting in his car and he was trying to takey phone and we both were pulling it and I let... View More
answered on Sep 20, 2022
Witnesses should always tell the truth. You're not going to hear otherwise here. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
He was sentenced yesterday to 20 yrs for domestic violence, I am the victim. Labeling him as a sex offender carries a huge risk for his safety, as well as my own. Is there any recourse?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2022
If it is a matter of public concern (as it seems to be) there are constitutional considerations. The statement would have to have been made with actual malice. It must also be provably false and that the news company either (1) knew it was false or (2) had a reckless disregard for its truth or... View More
I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... View More
answered on Sep 15, 2022
The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The age of the child; The health of the child; The emotional ties between the parents and the child; The ability of the parents to... View More
What kind of lawyer . What are the charges if he's ever even held accountable
What if he's very vindictive and sets me up and has video of me attacking him but doesn't show how he threw broken glass razors and screws into my face while he hid in the dark so it shows only me... View More
answered on Sep 12, 2022
YOU SHOULD HAVE SHARED ALL THIS WITH THE POLICE, WHO THEN WOULD ARREST HIM FOR RAPE (AT LEAST) ......THE DA'S OFFICE HAS A UNIT TO DEAL WITH VICTIMS, AND THEY WOULD WORK TO ASSIST YOU.
MOST PEOPLE IN YOUR POSITION DO NOT HAVE THE FUNDS TO HIRE A PRIVATE LAWYER. IF SO, A LOCAL CRIMINAL... View More
He called cops and they arrested her for domestic violence, with a restraing order also. She wants all his belongings out now. Does she have the right to put stuff on curb?
answered on Sep 5, 2022
I WOULD THINK THAT WOULD BE REASONABLE.........HOWEVER, I WOULD CALL YOUR LOCAL POLICE TO REQUEST A KEEP THE PEACE OFFICER TO GO WITH YOU.
I live in CA & is currently on a work visa. I got married in May 25,2021 in Bangladesh and came to USA shortly after that(Just me). My wife came to the USA January 2022 on F2. After a month of being together she left the house following 3 day argument which turned ugly. She filed a restraining... View More
answered on Aug 29, 2022
You could file a parentage action; open a case, in anticipation of the birth, and request custody/visitation orders along with order establishing you as the legal father.
He is verbally abusive. I want to change the locks. Can I? He is also undergoing cancer treatments. I served him with a 30 day notice today. I am fearful of him and do not know what he might do. Any advice is appreciated.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2022
I would file a TRO (temporary restraining order) and seek a domestic violence restraining order (DVRO) to protect yourself from imminent harm.
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.
