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I have a concern regarding a defendant who pleaded no contest to violating a protective order due to not being able to contest the restraining order in court. She was suffering from sepsis at that time, which affected her ability to respond due to severe illness. The defendant is hoping to avoid... View More 
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answered on Apr 19, 2025
In California, there are several post-conviction relief options available for someone who pleaded no contest while suffering from a serious medical condition like sepsis. The defendant can file a motion to withdraw the plea under Penal Code 1018. This legal avenue allows defendants to take back a... View More
I am 17 years old, living in Tennessee, and my parents have an open CPS case. They want to send me to state custody because they claim I'm too hard to handle. My parents have physically harmed me by choking and pulling my hair. The police said they couldn't do anything due to lack of... View More
I was removed from my own house in New York by the police due to a protection order that was served to me at the same moment. The protection order lists an address as confidential, which is actually the address of the petitioner's mother's house. However, they came to my house and removed... View More
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answered on Apr 19, 2025
There is nothing to do except to comply with the removal and legal process. Voting carelessly caused this.
Government enacted legislation that presumes all American men to be inherently violent. Then, this legislation is enforced in courts before judges who amplify the victim's case.... View More
I have been accused of domestic violence, and a PFA (Protection from Abuse) order was filed against me. However, the person who obtained the PFA has been stalking and harassing me and my wife. We have filed multiple police reports documenting incidents such as being followed, having our pictures... View More
I'm seeking information on the potential sentencing for a kidnapping charge. My ex recently came to my workplace, locked the door, and physically assaulted me. He has a criminal history and currently faces charges of kidnapping, stalking, and second-degree assault and battery, with no bond... View More
I have had three children removed by CPS in Utah. My daughter was removed at 6 months due to domestic violence and mental health issues. My son was removed for "sibling at risk" during my girlfriend's pregnancy, and both cases were combined even though the removals occurred at... View More
I have had sole legal custody of my daughter for the past 5-6 years, with a formal court order. Recently, my daughter's father, who is on felony parole and has a history of abuse, took her from my mother's house without my knowledge and transported her to Idaho Falls. I was not informed... View More
I have just received the official final order dated April 17, 2025, concerning custody and child support, and I want to relocate to Maryland for my pending marriage. The petitioner has a history of cocaine abuse, domestic violence, and has not had a relationship with our child since she was 2... View More
I have a restraining order against my stepson following an assault on my husband. We moved all of his belongings into a storage unit, for which he has the only keys, and we've been paying the fees. We notified his probation officer that he must retrieve the items by 5/1 or we'll dispose... View More
I am a self-represented single mother with a pending hearing for a personal restraining order. The restrained person showed physical aggression by closing a car door on my leg, and I immediately filed to add my child to the restraining order. However, it was denied. Given that the hearing was moved... View More
answered on Apr 17, 2025
To include your child as a protected party on the restraining order, you do not need to file for contempt. Instead, you should request a modification of the existing restraining order. California law allows for such modifications through the filing of a Request for Order (form FL-300) and a... View More
My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More
answered on Apr 16, 2025
In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More
I am an 18-year-old aunt in Alabama, soon to be 19, and I am actively involved in my 2-year-old niece's life. Her parents, who currently have custody, have a history of domestic violence and drug charges and have had a case with DHR, during which they temporarily lost custody. Given this... View More
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answered on Apr 16, 2025
You can insist that your sister leave your home immediately, since she’s trespassing and has no legal right to your property. Call the police and demand removal of an unauthorized occupant, and if needed file a dispossessory affidavit in magistrate court under O.C.G.A. § 44‑7‑50 to regain... View More
I'm concerned that the father of my son, against whom I have a final restraining order, violated it by filming me during a visitation conflict. The visitation supervisor, my son's grandmother, tried to take my 6-year-old son, who has Down syndrome and severe autism, without a car seat.... View More
answered on Apr 16, 2025
This is an extremely fact sensitive situation and depends on the exact wording of the FRO. It sounds like the police concluded there was no violation.
My friend is involved in an ongoing legal case from 2023, where he is accused by his ex-girlfriend of domestic assault, unlawful restraint, aggravated domestic assault, and burglary. These charges arose after he visited her at 4 a.m. to retrieve his dog following their breakup due to her mental... View More
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answered on Apr 16, 2025
Given the complexity of these charges and the context surrounding the incident, your friend’s legal strategy should focus on establishing the absence of criminal intent and highlighting his actions as driven by concern for someone in crisis. The fact that he was responding to suicidal threats and... View More
I was involved in a situation where my girlfriend physically attacked me during an episode, and as I tried to leave our apartment, she threw a knife at me, causing a significant injury. Despite being the one injured, the police arrested me for domestic violence based on her claim that I initiated... View More
answered on Apr 15, 2025
Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More
I recently called the police on my ex-boyfriend because he threatened to beat me, as he has done to his exes. The police came but said they couldn't do anything, and one of us needed to leave for the night. Since he was from another state, had few friends, and was intoxicated, they made me... View More
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answered on Apr 16, 2025
Police officers have wide discretion and broad “qualified immunity,” so suing them for choosing to make you leave rarely succeeds. Still, you can file an internal‑affairs or civilian‑review‑board complaint and send a copy to the chief and the mayor, pointing out that you were the sole... View More
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
My children's father took me to court a few years ago, granting us joint legal and joint sole custody after holding my children from me for three years. My oldest son, who has experienced abuse, decided to stay with me last summer and no longer wishes to live with his father. Since then, his... View More
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answered on Apr 16, 2025
You have the right to seek a modification of both custody and child support orders in Missouri when there is a substantial change in circumstances, especially when it involves abuse or a major shift in the child’s living arrangement. If your son has been living with you consistently and is no... View More
In a domestic violence case at the preliminary stage with four felony charges, the victim has signed papers to withdraw prosecution and has withdrawn documents from S.A.N.E., including pictures of her injuries and her testimony. She is refusing to testify and is trying to get the charges dropped... View More
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answered on Apr 15, 2025
Yes, the District Attorney can still subpoena S.A.N.E. (Sexual Assault Nurse Examiner) documents even if the victim withdraws from the case. In a criminal matter, the state is the one bringing charges, not the victim, so the case can continue without the victim’s cooperation. Evidence like... View More
I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More
answered on Apr 15, 2025
In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More
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