Get free answers to your Domestic Violence legal questions from lawyers in your area.
For parenting time what can i do i have recording of her saying it & other people have heard her.
answered on Jun 10, 2017
Go back to court and get further restraining orders to prevent him from treating your daughter in this fashion. Ask the court to modify any visitation orders by requiring them to be supervised. Get your self a good family law lawyer and then turn to her for all your questions.
A custody order was obtained ex parte and through submissions of false evidence to take my child. My ex and his attorney have conspired and have continued to use the system as a weapon. They were successful in filing a criminal complaint against me based on an illegal order, but more importantly,... View More
answered on Jun 9, 2017
It's crucial to have an attorney review the matter to assess the proper strategy, though you say you don't want to hear that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More
I was an international student in a univ. of CA. The week after my graduation, my parents & I were in a hotel of Thousand Oaks & one day my dad disrupted the hotel office by insulting employees. They opted for not pressing charges; the thing was that when we went back to the room to get our... View More
answered on Jun 15, 2017
Great question. Sorry to hear about the problem. It is typical to be released and required to report back to court, either for another hearing or for a first hearing after the prosecution is ready to proceed (they have time, but limited time). Thus, the case is almost certainly still open,... View More
answered on Jun 5, 2017
What does the court order say? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
this question is for my friend in California, keeping in mind the laws of that state and the past statistics what will happen. she wants to save her husband and not break her family also. he is a doctor and so is she but currently without a job. this is the first time this has happened. the husband... View More
answered on Jun 5, 2017
The DA brings or moves to dismiss charges, not victims. The defendant may use such evidence as this note as a defense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
answered on Jun 1, 2017
What are the custody orders in place? What's the misdemeanor? Careful you don't abduct the kids, as that is a crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
He was charged with misdemeanor.Is it possible that the government will get my kids?
answered on Jun 1, 2017
If neither parent is suitable, the court might order the kids into foster care, unless a relative seeks guardianship rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
In a DV case, the Judge terminated in open court the restraining order placed on defendant who ended up later having probation revoked and was sentenced to prison without any mention of reinstating the RO. But both the prison and now PRCS state the RO is still in effect and defendant didn't... View More
answered on Jun 2, 2017
You'll need copy of the court records terminating the RO, including the minutes and transcript if in open court. You need proof of completion of the classes and payment of fines, if relevant. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More
Or will i still need his consent?
answered on May 30, 2017
What are the court orders re: that? When will he be released? Who has legal custody? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
He has mental illness.will that be of help with regards to his case?
answered on May 28, 2017
Yes, his wife will have to attend the preliminary hearing if the case is filed as a felony and the trial if the case is filed as a misdemeanor. An experienced criminal defense attorney an evaluate his mental illness and how it might help mitigate
his situation.
answered on May 30, 2017
It depends on the court orders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
How long can he be locked up for if they do or they don't press charges against him.
answered on May 26, 2017
He may face felony assault/ battery charges, and the sentence depends in part on his priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
answered on May 22, 2017
No. Failure to respond will likely result in your default, and the restraining order will issue without opposition.
Party #1 has a DV RO on file and the permanent hearing is coming up. Party #2 filed a counter DV RO against party #1.
Party #2 filed a rebuttal to #1s RO but party #1 did not file a rebuttal to #2s RO. Does that negate #1s RO. Does that mean the hearing date for the permanent RO for #1... View More
answered on May 22, 2017
Any defenses must be determined after a review of all the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
I have never been arrested, have no criminal record, and have had the same job for 7 years. The only thing he has against me is that my son missed 9 days of school during the whole school year. He was sick, he also suffered from anxiety that would cause him to feel sick. I now have him in... View More
answered on May 15, 2017
Describing the issue as a win is not a good way to describe the case. The short answer is that the court can look for a way to establish joint legal and physical custody. Dealing with domestic violence issues is very important for the court to consider. There are more facts that need to be... View More
My son pushed his girlfriend and she pinched him , during the incident her 5yr old daughter was present and thier 4 month old. The girlfriend called the cops, but the cops never contacted my son and the girlfriend still came around. The GF has a therapist and mentioned to him that my son has a... View More
answered on May 14, 2017
Gf has a choice to make and can't let herself be pressured by a judge for a Restraining Order. She decides, not a judge. Your son should not pressure gf to avoid a RO, because that could lead to additional criminal charges.
answered on May 13, 2017
Lawyers can certainly help people prevail in court. It sounds like you have a strong case if the police arrested your husband. More facts are required to provide a thorough analysis. Determining the outcome is very difficult if you don't have all of the facts.
If this can be done, which one is enforceable? If the defendant violates the first court order thinking his restraining order is more legal, can he evict the victim?
answered on May 13, 2017
Anyone can request a restraining order, and the judge makes a decision based on the facts. Evictions should be filed in court. Court orders must be obeyed by the parties in the suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
I have a temp RO for DV. We have a hearing date of 5/26/17. Can the defendant get a counter restraining order with a new hearing date? If so, which RO and hearing date is legal? My RO was filed on 5/5/17 and served by the sheriff that day. He had to move out. His was filed on 5/12/17 with a... View More
answered on May 12, 2017
If a respondent doesn't show up to the hearing, that person risks having a restraining order issued even if that person doesn't show up. If there are active temporary restraining orders, they should be obeyed. The court will have to hear evidence and make rulings.
answered on May 11, 2017
That question requires more information in order to give a meaningful answer.
Were you convicted, or did you plead guilty to the charge? Or was there some other resolution to those charges? Merely being charged with an offense means nothing. You do not have to disclose to any employer or... View More
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.