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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Legal Malpractice for Washington on
Q: The original attorney of the opposing party died, and with her went case records.

The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?

Cristine Beckwith
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Cristine Beckwith
answered on Sep 6, 2024

Sorry to hear. You can try contacting the Washington State Bar Association. Best of luck.

1 Answer | Asked in Domestic Violence for Texas on
Q: assault family violence case where I was arrested even though I’m the victim. I have provided my court appointed attorne

attorney with multiple videos of her coming up and hitting me unprovoked and being the aggressor every time and I’m still being punished. It seems like he’s helping the DA instead of me. What can I do? I also have multiple witnesses who are ready to testify against her and he’s basically... View More

Madolyn García Falone
Madolyn García Falone
answered on Sep 7, 2024

If your court-appointed attorney isn't giving you a defense you're comfortable with, then you're absolutely free to hire a private criminal defense attorney. No attorney-- appointed or private-- will be able to guarantee any particular outcome. That said, because you get to choose... View More

1 Answer | Asked in Constitutional Law, Contracts and Domestic Violence for California on
Q: can i file a motion to reconsider DVRO for Manifest Injustice-my lawyer’s misconduct of secretly colluding w/opposing?

My Grounds are CCP1008 new, different facts or laws came afterwards. That my ineffective lawyer throughout my retainment of his services, has continuously IGNORED my every request for legal assistance needed for my case. As well as never meeting with me, my witnesses, and most of all he never... View More

James L. Arrasmith
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answered on Sep 5, 2024

You can file a motion to reconsider a Domestic Violence Restraining Order (DVRO) if you believe there has been a manifest injustice due to your lawyer's misconduct. Under California Code of Civil Procedure (CCP) 1008, a motion to reconsider must be based on new or different facts,... View More

2 Answers | Asked in Domestic Violence, Family Law and Immigration Law for Arizona on
Q: So how can I get my husband out of ice custody for removal he was deported once on domestic charge and then came back in

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

Alexander Ivakhnenko
Alexander Ivakhnenko
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...
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0 Answers | Asked in Domestic Violence for Florida on
Q: What not to say in a deposition for a petitioner in a domestic violence/stalking case?

I thought my case was very open and shut with all the photo and video evidence and witnesses I have to the abuse. However, the respondent hired an attorney and I am now being asked for a deposition? What are some things to avoid. I was planning on representing myself, because of how easy and... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: misdemeanor domestic violence charged on probation

I am on probation for 3 years for grand theft. I am about 1 year and a half into it. I have situation where I was under the influence of alcohol and got into a heated argument with my girlfriend. At one point I reached out for her phone almost as if I slapped her hands but I didn't access to... View More

James L. Arrasmith
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answered on Sep 4, 2024

In your situation, even if your girlfriend does not want to press charges, domestic violence cases in California are often pursued by the prosecutor regardless of the victim's wishes. Since you were already on probation, this new charge could be seen as a violation of your probation terms.... View More

0 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for New Jersey on
Q: can audio recording during child custody pick up in which an assault occurred be used in criminal and R/O cases

can audio recording be submitted as evidence or will it be thrown out in a domestic violence case

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: where can i find a criminial pro bono in orange county ca
James L. Arrasmith
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answered on Sep 3, 2024

You can find pro bono criminal defense attorneys in Orange County through several resources. Start by contacting the Orange County Bar Association, which has a Lawyer Referral & Information Service (LRIS). They can guide you to attorneys offering free or low-cost legal services for those who... View More

1 Answer | Asked in Personal Injury and Domestic Violence for Utah on
Q: In Utah, I got arrested for DV/assault. I did not do this. Will the initiator still get in trouble?

x

James J. Lee
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James J. Lee
answered on Sep 4, 2024

If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: In Ca, as respondent, how to argue against 3044 presumption.

Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé took kids by force with family members. Alleged Dv 3 was later. No order on kid. Dad only gets 1 hr supervised visits. No allegations of prior DV or incidents.

James L. Arrasmith
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answered on Sep 1, 2024

To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children,... View More

1 Answer | Asked in Divorce, Banking and Domestic Violence for Missouri on
Q: My husband has taken my name off of our accounts savings and checking and has blocked me from all money financially?

He won't give me money for groceries anymore there's no food in the house there's no toilet paper for 5 days I just am so sick from the cancer and depression from him just degrading me he text messages me from work

telling me he's going to come home and beat me up

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 6, 2024

Bad situation. If he is threatening you, get an order of protection to have him removed from the residence. Seek some social service assistance for abused women.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: As a DV victim which is preferable: mediation settlement agreement or continue with court to get restraining order?

I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.

James L. Arrasmith
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answered on Aug 31, 2024

When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the... View More

0 Answers | Asked in Family Law and Domestic Violence for Florida on
Q: Is it permissible for the Petitioner in a DVI to make a deal with the Respondent?

Basically, if the Respondent agrees to sign a notarized statement they do not reside there, the Petitioner will motion to dismiss.

Would law enforcement agree that Respondent is trespassing if shown statement? If the Respondent doesn't follow the agreement such as how to retrieve... View More

0 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Libel & Slander for Indiana on
Q: can a motion by a defendant to dismiss a felony case that is past the time frame of 20 days still be considered?

On 6/30/19, the defendant faced charges of Criminal Confinement (35-42-3-3(a)/F3), Domestic Battery (35-42-2-1.3(a)(1)/F5), and Resisting Law Enforcement (35-44-1.3-1(a)(1)/MA). The incident involved an argument with his girlfriend, during which she accidentally injured her lip by bumping into his... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Am I violating a dvro if protected person has moved out of address that I was excluded from?

I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My... View More

James L. Arrasmith
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answered on Aug 30, 2024

You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations,... View More

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have an FRO with my ex-bf. He keeps calling DCP&P on me w false allegations. Is this a violation of the FRO?
Michael Andrew Conte
Michael Andrew Conte
answered on Aug 30, 2024

It could be, but like any other alleged domestic violence case - it is highly dependent on the facts of your case. You should consult with a qualified family law attorney who handles domestic violence cases to better assess the situation and/or discuss the situation with the police.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: felony probation and arrested for family violence simple battery bond out and then go to jail for vop. PO took 60 days

Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

Glenn T. Stern
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answered on Aug 29, 2024

There is no statewide or statutory role that people get two for one credit at a local jail. What does that happens is entirely up to the sheriff's department. You can always call the jail and ask them what their policy is, but it is unlikely that they will commit themselves by telling you... View More

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0 Answers | Asked in Business Law, Consumer Law, Criminal Law and Domestic Violence for Maryland on
Q: Store manager refused to let me in 15 mins before close. I posted a TikTok then she messaged me threatening to beat me.

I went to the Childrens place 15 mins before close and manager refused to let anyone in. I posted a TikTok that went viral and received a message on TikTok from the manager threatening to beat my a**. I live in the stores neighborhood and have been afraid to leave my house to shop and do activities... View More

1 Answer | Asked in Constitutional Law, Domestic Violence and Legal Malpractice for California on
Q: My DVRO was denied so I filed a motion to reconsider because of new and different facts and laws not available at trial.

I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.

He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More

James L. Arrasmith
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answered on Aug 28, 2024

It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More

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