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Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence and Family Law for Wisconsin on
Q: I filed a restraining order in the wrong county of where my son is currently residing. Do I need to re-file?

I currently was approved temporary custody of my son and was awarded the restraining order against his father as well. Only issue is that the area it was filed was correct city but wrong county for that portion of the city. Do I have to re-file for custody? The sheriff's office said the... Read more »

0 Answers | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My ex boyfriend was charged with aggravated assault and family battery. I’m the victim. We have a lease on a house

Together and of course live together, we were working on our problems together to make it work. Well last Sunday he decided to put his hands on me again and was arrested. The judge denied bond since he was already on a bond for the first case going to trial still. So he sits in Henry county jail... Read more »

0 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for Florida on
Q: What firearm restrictions r put an individual convicted of a misdemeanor domestic violence in CA that now resides in FL?

My mom is married to a guy that hit her and was charged with Domestic violence in California. They stayed together but shortly afterwards lost their home in the Paradise CA fire and now live in Florida. My sister once took his guns away when he was suicidal and never reported it. We know he's... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
Read more »

1 Answer | Asked in Domestic Violence and Criminal Law on
Q: Can they charge someone with domestic violence that3rd party hearsay

My friend was charged with domestic violence. No cop present with someone else saying she did it. There was a mark on his face but he did that himself not her.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

A person can be charged with domestic violence based on a statement given by a third party who claims to have witnessed the acts. A police officer does not need to personally witness the violence. In fact, it is extremely rare that the police officer personally witnesses the violence. Often, it... Read more »

0 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: I'm the victim in a dv case. I have not been subpoenaed. If I do not go to court can I be charged with something?

2nd case. 1st was dropped because I didn't show up to court due to fear of retaliation.

1 Answer | Asked in Domestic Violence for Ohio on
Q: if I have been subpeoned on a domestic as a witness.do I have to testify against my husband
Matthew Williams
Matthew Williams
answered on Jan 31, 2023

If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.

0 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... Read more »

0 Answers | Asked in Domestic Violence for Florida on
Q: I’m a victim in a DV case, the defendants attorney is requesting a discovery report. Will they be able to see the body c

Will they be able to see the body cam footage of me speaking to the police about the incident?

1 Answer | Asked in Domestic Violence for California on
Q: Can I contest a restraining order as the protected party in Los Angeles County?

My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 30, 2023

YOU MUST REMEMBER THAT THE PEOPLE OF THE STATE OF CALIFORNIA ARE THE VICTIM..........NOT YOU.

ONLY THE DA CAN DECIDE ON FILING..............

THE JUDGE JUST DEALS WITH SENTENCING IF THERE IS A PLEA OR CONVICTION.

I WOULD TALK TO HER LAWYER TO EXPLAIN YOUR POSITION AND HOW YOU CAN ASSIST.

0 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Education Law for Texas on
Q: what to do if you choose to live with your dad AFTER you get kicked out on the streets by your mom but she reports you

So This is a huge story. I am typing this for my boyfriend, but we both are clue less on what to do next. Last year,in January 20th 2022, My boyfriend who is 15 at the time confronts his mother for threatening to beat me (!5 at the time) up..She gets really upset and tells his elder brother to kick... Read more »

0 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: Can my baby daddy no legally married domestic partnership kick me out of our section 8 apartment we live with our 3 kids

We been together for over 20 years now have 3 children did a paternity test online all his. Now he no longer wants to be with me , I have been diagnosed with bi polar manic depression anxiety and agoraphobia. Now he wants me out just me. We are registered domestic partners since 2010.

0 Answers | Asked in Domestic Violence, Landlord - Tenant, Sexual Harassment and Criminal Law for Louisiana on
Q: I need an attorney who practices in the Breaux Bridge, LA area. The actions are against a landlord for sexual harassment

This is a complex claim wherein I have videos, photos, many text messages. The claim is not only sexual harassment, but some (or many) issues relating to injuries from neglect of property, and contaminated water. If the 7 people living on this property 2 have died this month, one of the deceased... Read more »

0 Answers | Asked in Domestic Violence for Arizona on
Q: Friend of roommate threatened me via text to not be home when they visit, implying violence against me. What can I do?

My ex-wife has a friend that texted me to “leave the house when i visit” and “don’t be home”. Another text says “I got your address”. We live in an apartment. What legal decisions can I make, should her guests arrive at our doorstep?

0 Answers | Asked in Civil Rights and Domestic Violence for Illinois on
Q: Is a judge in a civil case obligated to do anything if video footage of physical abuse is presented?

During a Civil Trial in which the judge granted my ex an order of protection me, i presented video footage of my ex physically assaulting me. I asked the judge if he would help me seeing as I was in an abusive relationship and he stated this was a civil matter and the state would not do anything to... Read more »

0 Answers | Asked in Family Law, Child Custody, Domestic Violence and Probate for California on
Q: How can CPS take and KEEP my son if NO CRIMINAL/DRUG/D.V. CHARGES are pending against me? NO custody/visits since 2018!!

My ex-husband lied about me to the courts and made accusations against me to cps (during a very heated divorce) saying i was using and selling drugs, that i was a prostitute, and that i literally abandoned my son. None of his accusations were proven true or were backed up by any creditable... Read more »

0 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: What is the probability that charges for extortion will be dropped after husband falsely accused me?

I filed an emergency injunction against my husband due to DV. He retaliated and accused me of extortion (forcing him to sign a post nup after discussing it for months and it was his idea) and battery. These are false allegations. I was arrested and in jail overnight. I’ve never even gotten a... Read more »

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

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1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

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