Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am a male and my wife hit me first. With this being her 3rd time committing adultery, when she hit me, my first natural reaction was to hit her back. I didnt continually beat her, just one hit the same way she hit me. I know its never ok and it was the first time ever; Ive never even been in a... View More 
answered on Sep 20, 2015
No, you have the right to defend yourself like anyone does. However, cops can get tunnel vision and go on autopilot when they deal with DV. Most DV aggressors are men and the cops often will arrest the man by default. You'd have a better chance fighting this in the courts than with the cops.... View More
This was 20 plus year ago, and I was told that under the Deferred Judgment and Sentence, that if I completed one year of anger management classes that this charge would disappear from my record. I did complete the year, and I was wondering if this would allow me my right to bear arms? Thank you.
answered on Sep 10, 2015
Are you asking if your WIFE can purchase and possess a firearm? Yes, assuming she is not somehow legally disqualified, and she obtains a permit if required.
Or are you asking about YOUR right to possess a firearm? It appears that this was not a felony conviction, and it was deferred in... View More
I have a friend who her boyfriend has hit her many times and in front of her kids at times she says he becomes violent
And has tried to take away the kids from her.. but she has never called the cops I'm not sure why. Is it never to late too make a report even if it happened weeks ago..
answered on Aug 4, 2015
She can still call the police.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to... View More
answered on Jul 6, 2015
If the restraining order is for your boyfriend to be remain restrained from you, it is really not a good idea to visit him. If you really need to talk your boyfriend, have someone deliver your message or hire an attorney who will do it for you. Good Luck.
www.pottsmartinez.com... View More
Occurred in early may in California. He came to the room I stay in and became aggressive toward me yelling and pushed me into his mothers antique dresser twice then began to turn to walk away(I thought) then turned around and punched me in with his right fist hitting me on my left check. I went... View More
answered on Jul 6, 2015
You can file a complaint against your fiance. If you are an immigrant you can use this to get an U Visa which will eventually lead to getting a green card after three years. Talk to immigration attorney and being the process as soon as possible.
Shan Potts - Immigration Attorney.... View More
Okay so a couple a days ago my boyfriend was arrested because we had got into a argument, and I called the police. I told them he grabbed my wrist and thru a rock at my car window which now has cracks in it. I called because I was mad about the window. Didn't know they were going to take him... View More
answered on Jul 6, 2015
You can withdraw your complaint. But now I guess its too late, hopefully everything worked out well for you.
All the best.
"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough... View More
I ended up in the hospital because my baby and myself were in risk cops made me press charges so I did cops got him Monday night and he got out the next day around 3pm because of a bails bond. Now he has court Friday the 19 can he go back to jail when he goes to court? This is the second time DV... View More
answered on Jul 6, 2015
It actually depends on the Judge and how much money your husband has, Even if the judge sentences him to a 3 year jail if he has enough money to get a bail, he will be out. Hopefully everything works out well for you.
"15 years of successful immigration law experience. The answer... View More
He chipped my front tooth and he needs to be held responsible for dental bills
answered on Mar 23, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you have been the victim of a crime, drive to your local law enforcement office and file your police report. The police will not pursue your monetary damages for you. To recover... View More
answered on Jan 14, 2015
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If the order is against you, then a copy of the order should be served on you. Did you appear at the court hearing? If so, copies of the order and relevant forms will likely be... View More
After 10 years and Havent got in any trouble with law.Is there a statue of limitation on this class?
answered on Mar 20, 2014
It depends. Did you ever go back to court? If there is a warrant out for your arrest, you will need to first clear that warrant. You will then need to convince a Judge that you are now prepared to finish the classes. This will constitute a violation of your probation. You need to hire an... View More
We just got notice that the DA is picking up the case. He wasn't arrested at the scene and hasn't been questioned on his side of story. I feel horrible because I was drunk and upset and he didn't do anything violent. How can I help prove he's innocent? I told police I didn't want to press charges.
answered on Feb 26, 2014
It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a... View More
And I went and grabbed him and he grabbed my arm to take my hand off of him and caused a bruise. We are starting counseling but I want to drop them because if I didn't attack him it wouldn't have happened and he has a prior from 6 years ago but his ex hit herself to make it look like he... View More
answered on Feb 26, 2014
I previously wrote this answer to a very similar question:
It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police... View More
answered on Feb 26, 2014
The County Coroner and local law enforcement. Possibly directly to the DA's office.
answered on Feb 26, 2014
Sometimes a judge will impose a restraining order over the alleged victim's objection.
Sometimes "can't" means different things. Sometimes lifting an order COULD be done, but there are serious consequences (such as losing custody of children).
Getting it lifted... View More
answered on Feb 26, 2014
If that is true, probably so. Guilty pleas having to be "knowing and intelligent", and involve an advisement of basic rights.
However "mass advisements" of rights counts, where the whole room is advised. Video advisements count. A Court Reporter's transcript would... View More
I got arrested for domestic violence in AZ and my sentencing was 26 sessions of DV counseling here in CA they are saying i need 52 weeks because it is state law. Is this true, do I have to follow the 52 weeks just because i was able to do counseling here in CA and not in Az?
answered on Jul 13, 2012
Who is saying this? The courts or the domestic violence program? California Penal Code 1203.097 contains the requirements for domestic violence programs, including the 52 week duration. The program may not be willing to adjust the California requirements to fit your Arizona sentence. I would start... View More
answered on Mar 28, 2011
If a judge has specifically indicated as part of a stay away order that the restrained person is to stay away from a particular vehicle, then it would certainly be a violation of that order if that person does come and take the vehicle. Usually these orders are designed to protect a person but... View More
answered on Apr 9, 2011
That depends on many things, not the least of which are the facts of your case, your prior criminal record (if any) and what you are facing if convicted versus what is on the table now by way of plea bargaining.
answered on Feb 12, 2011
If the temporary restraining order expired and the court did not grant an extension or a permanent restraining order, then you would have to refile and get a new hearing. If the temporary restraining order expired and the court granted a permanent restraining order, you have to prepare a CH-140... View More
Me & my fiance got into a really stupid arguement i got mad that he started screaming at me so i got up on his face then he pushed me, i got physical with him so he kept pushing me and so on he didnt punch me but every time he pushed me i fell, & i called the cops i feel bad now cause it... View More
answered on Feb 8, 2011
Depending on the district attorney, and what you say to them, they may consider dropping the charges, however they don't have to. Once it goes to the DA, they have the power to prosecute your fiance without your cooperation - if there is enough evidence.
Women have fought for the... View More
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