Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Domestic Violence View Questions by State

Your current state is Virginia

U.S. Territories

Show More States

Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Civil Litigation for New York on
Q: Steps to enforce a restraining order when the offender plans to be at my frequent locations not specified there.

I have an active restraining order against someone who is required to stay away from me, my home, work, and my child's school. The order also stipulates that they refrain from stalking, harassing, or engaging in threatening behavior. I frequent certain places on set days, and this coming... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025

You work in an at-will state, meaning your employer in Pennsylvania may end your employment for any lawful reason or for no reason at all. Being told that you are no longer a “good fit” generally qualifies as a lawful reason under at-will employment. However, the termination becomes unlawful if... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for California on
Q: How can I modify a protection order initiated by the police in a closed case when the DA's office says only my boyfriend can request changes?

I am trying to have a protection order modified, but the case is closed. My boyfriend is not a threat to me; the police initiated the emergency protection order due to an argument, and it was supposed to last only 5 days. I've contacted my boyfriend's public defender for assistance, but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025

You first need to confirm exactly what order exists. An emergency protection order lasts only a few days; if that is all that was issued, it likely expired on its own. If a separate criminal protective order was issued in the related case, that order can remain in effect even after the case closes.... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Libel & Slander and Personal Injury for Oklahoma on
Q: How can I pursue a protective order and defamation lawsuit against ongoing harassment from my partner's ex in Oklahoma?

In Oklahoma, I've been dealing with harassment from my partner's ex-partner. This person caused a scene at my home in front of my kids, has been threatening to beat me up via text, engages in cyberbullying, stalking, and routinely belittles me and my children. She's made it clear she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You can file for a Victim Protective Order (VPO) at the Oklahoma district court in your county and ask for an emergency ex parte order the same day. In your petition, list every incident with dates, attach screenshots of threats, and request no-contact, stay-away from your home and work, protection... View More

2 Answers | Asked in Domestic Violence and Criminal Law for North Carolina on
Q: Can I refuse to press charges or compel testimony if married before court in NC?.

I am a resident of North Carolina. There was a misunderstanding, which led to someone being accused of assault on a female, assault by strangulation, assault with a deadly weapon, and false imprisonment in a domestic violence case. I haven't signed any paperwork to press charges and don't... View More

Christopher Adkins
Christopher Adkins
answered on Nov 10, 2025

In North Carolina, once domestic violence charges are filed, the decision to move forward rests with the State (the prosecutor), not the alleged victim. You can’t drop the charges yourself. If you marry the accused before trial, the spousal privilege may limit your ability to be compelled to... View More

View More Answers

1 Answer | Asked in Civil Rights, Domestic Violence, Family Law and Criminal Law for California on
Q: Can I have a family court date dismissed due to manipulation?

I am currently engaged in simultaneous family and criminal court cases initiated by my husband, who is using litigation as a form of control and intimidation. We have been together for nearly 40 years, first in a domestic partnership and then married in 2017. He has previously manipulated legal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You can’t dismiss a family court hearing just because your husband is manipulating the process; however, you can ask the judge to continue the date, stay specific issues, or issue protective orders when litigation is being used as abuse. If notice was defective, the court lacks jurisdiction on... View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: How can I handle legal challenges and threats from my husband during pending family and DV cases?

I am facing significant legal challenges involving my husband, who seems to be using the court system to gain control over me. I have two cases pending: one related to family law and another regarding domestic violence in which I am the victim, yet I have been inappropriately blamed. I am... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You are not alone; focus first on safety and documentation. Preserve every text, email, call log, photo, and medical record that reflects threats or violence, and keep a running timeline with dates, times, and witnesses. If you are in danger, call 911; ask for a criminal protective order, and in... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Domestic Violence for California on
Q: What can I do if my sister who is my dad's POA has not provided bank statements and filed false restraining order accusations?

My father has had dementia for about 5 years, and my oldest sister, who is not his biological daughter, was appointed as his Power of Attorney (POA) about a year ago. She is not included in his will, and I don't believe my father would have wanted her to control his finances or personal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You should start by preserving everything: emails and texts about the promised statements; any notes on your father’s condition; the restraining-order paperwork that was denied. Send a short, dated written demand to your sister for a full accounting and supporting documents for all transactions... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can a plaintiff face consequences for breaking rules in a domestic violence case?

As the plaintiff in a domestic violence case, I directly broke the rules that both parties were supposed to follow. I initiated contact and met with the defendant. This is a new concern, and no previous legal actions have been taken by the other party regarding these rules. Is there any potential... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

Yes, there can be consequences; what they are depends on exactly what order or court rule you violated and whether you are personally bound by it.

1. If there is a protective order or court order that restrains both parties and you are named and bound by its terms, contacting or meeting the... View More

1 Answer | Asked in Domestic Violence, Family Law, Personal Injury, Landlord - Tenant and Real Estate Law for Kansas on
Q: How can I recover property damaged by family and seek compensation?

I am a victim of domestic violence and family abuse, which has resulted in my mental health being severely affected and leaving me disabled. Some of my property was damaged and destroyed by my spouse and family members. I have received a 14-day notice to remove my property. I am trying to recover... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You can protect yourself and your belongings first. Ask the court for a Protection-From-Abuse order that includes a short, supervised “civil standby” so you can enter safely to retrieve essential items; bring a written list and photos of what you will take. Save every piece of evidence... View More

2 Answers | Asked in Civil Rights, Family Law and Domestic Violence for California on
Q: How can I protect myself and my son from custody threats in CA?

I am currently staying with my parents in Novato, CA, with my 2-year-old son. I have a Protection from Abuse (PFA) order from Maine, granting me sole custody until December 5th. My husband, exhibiting unstable behavior, has threatened both my life and his own in front of our son, causing... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 10, 2025

If you are not in violation of any court orders and the order from Maine allowed you to move to CA with your child, then your ex's threats are meaningless. If you meet the residency requirements here in CA you can file a Petition for Dissolution here in CA and file for custody orders with... View More

View More Answers

1 Answer | Asked in Employment Law, Elder Law, Domestic Violence and Family Law for New Jersey on
Q: How can I legally help my son, 40, move out after 40 years of living with me in NJ?

I am 83 years old, living in New Jersey, and my 40-year-old son, who has OCD and sometimes exhibits scary rages, resides in my home. He does not work, has no friends or support network, and largely relies on me for food, transportation, and shelter. Although he has some money his mother gave him,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You have the right to end your adult son’s occupancy in your home; at 40 he is legally emancipated, and his presence is a revocable license, not a permanent right. Start with a written 30-day notice revoking his permission to live there, dated and delivered in a way you can prove, and state a... View More

1 Answer | Asked in Elder Law, Family Law, Municipal Law, Landlord - Tenant, Estate Planning and Domestic Violence for New Jersey on
Q: How can I protect my estate and safety from my son with OCD in NJ?

I am an 83-year-old veteran in New Jersey, living with my 40-year-old son who has OCD and unpredictable bouts of rage, sometimes making suicide threats. He doesn’t work, attend school, or leave the house. My son has hired a lawyer to try to take over my home without their knowledge of his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You are not alone, and your safety comes first. In New Jersey you can petition for an immediate Temporary Restraining Order against a household member for threats or violence; the court can grant you exclusive possession of the home and have him removed. If he threatens self-harm or you, request an... View More

2 Answers | Asked in Criminal Law, Domestic Violence, Divorce and Family Law for Oklahoma on
Q: Is DA obligated to dismiss protective order violation if used as threat for divorce?

I am facing charges for violating a protective order, but I believe the order was used as a threat to force me into signing a divorce decree, rather than being related to domestic violence. I have text messages from the individual stating that if I didn't sign the divorce decree, they would... View More

Tracy Tiernan
Tracy Tiernan
answered on Nov 9, 2025

That’s a very interesting scenario. I suppose knowledge of this threat to bring a protective order if you didn’t sign the decree wasn’t available before the protective order was granted? That was clearly the opportunity for you to bring it up, which could’ve potentially prevented the... View More

View More Answers

1 Answer | Asked in Criminal Law, Domestic Violence, Personal Injury and Animal / Dog Law for Michigan on
Q: Can police just wait when there's a knife threat and suicide risk?

My brother threatened me with a knife and then removed the bedroom door to come at my boyfriend. We managed to escape and called the cops. However, the city police and state police refuse to go in and arrest him because he threatened suicide by cop. They have only stationed an unmarked cop car to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

What you’re seeing—officers setting a perimeter and waiting while a crisis-negotiator plan forms—is a common de-escalation tactic when a subject has threatened “suicide by cop.” Command staff have broad discretion to avoid forcing a confrontation that could get someone killed; they may be... View More

1 Answer | Asked in Divorce, Domestic Violence, Public Benefits and Family Law for Texas on
Q: How can I get a fast and affordable divorce in Texas?

I want to know how to get a fast and affordable divorce in Texas. I live off of disability, receiving less than $1,000 a month. There are no children involved, and we have already separated our property, with each of us keeping what was ours. I'm unsure if my spouse agrees to the divorce, but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You can file an Original Petition for Divorce in the district court of the county where you have lived at least 90 days; with no children and your property already separated, you likely qualify for a simple uncontested case. Texas imposes a 60-day waiting period after filing; if you have a... View More

1 Answer | Asked in Domestic Violence, Civil Rights, Divorce, Gov & Administrative Law and Family Law for California on
Q: How do I handle a police mishandling of a DV case with no charges filed and conflicting court notices?

I'm facing issues with how a domestic violence case was handled by the police department. Despite visiting in person and calling multiple times, no one will discuss the case with me. I was instructed by an officer not to call 911 during an incident, which resulted in a court notice that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You start by separating the criminal side from the family-court side. Call the District Attorney’s intake line and ask for a case number or a written “no file” confirmation; if none exists, you are not charged. Next, send a written California Public Records Act request to the police... View More

2 Answers | Asked in Domestic Violence and Personal Injury for California on
Q: Will I be able to obtain a restraining order against my son after his assault?

I was assaulted by my son, resulting in injuries including a concussion and possible detached retina. Despite declining to file a formal complaint initially, I want to pursue a restraining order due to the severity of the assault, during which I was hit over a dozen times in the face, ear, and... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 9, 2025

Yes you can seek a restraining order.

This Court website may help you: https://selfhelp.lacourt.org/service-catalog/C04

The chance of success depends on the judge believing the testimony to prove the requirements for the restraining order.

View More Answers

1 Answer | Asked in Domestic Violence, Civil Litigation and Criminal Law for Indiana on
Q: Can Domestic Battery charges be dropped due to lack of evidence?

My daughter's father is facing four charges of Domestic Battery. He initially had a court-appointed attorney but later fired him and hired a new one. He has been filing motions for continuances, delaying the case for over a year and has been filing paperwork through IndianaLegalHelp.org. Our... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

Yes, charges can be dismissed in Indiana; however, the absence of photographs of the clippers does not, by itself, require dismissal. Prosecutors can proceed on witness testimony and other corroboration, so a “no-photo” case can still go to trial if they believe they can meet proof beyond a... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Family Law for Indiana on
Q: Can I dissolve a false protective order filed by my parents in Indiana?

I'm a 16-year-old in Indiana. My parents obtained a protective order against my peer, who I am in a relationship with, claiming she encouraged me to self-harm. These claims are false, and I didn't consent to the order. My parents disapprove of the relationship due to religious reasons. Is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

You cannot directly dissolve a protective order yourself because you are a minor under Indiana law, but you may take steps through legal representation. A protective order is a court-issued document, and once it is in place, only the judge can modify or terminate it. However, since you are the... View More

1 Answer | Asked in Domestic Violence and Employment Law for California on
Q: When to involve police in domestic violence causing emotional distress due to mental health issues?

I am experiencing severe emotional distress, including crying, fainting, and panic attacks that sometimes require emergency medical assistance. These episodes are provoked by an elderly person in my household, and despite repeated requests from myself and others to stop, their behavior continues. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2025

You have every right to feel safe in your own home, and no one should make you feel constantly afraid or emotionally broken down. If the behavior of this person is causing you severe distress and it continues despite your efforts to set boundaries, it may have crossed the line into emotional abuse.... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.