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Domestic Violence Questions & Answers
0 Answers | Asked in Criminal Law, Domestic Violence and Gov & Administrative Law for Florida on
Q: What happens if I can't attend my Maryland court date from Florida for a restraining order case?

I was charged by my family for allegedly breaking a temporary restraining order, which was done in retaliation after my son's father was jailed for abusing me in front of our child. Since then, I've established a good relationship with my son's newborn brother's mother. My... View More

0 Answers | Asked in Family Law, Elder Law, Domestic Violence and Civil Rights for New Mexico on
Q: How can I legally protect my 44-year-old son with TBI from coercion by family?

I am seeking legal advice on how to protect my 44-year-old son, who has a traumatic brain injury (TBI) from a car accident in his childhood and is now in the early stages of dementia. My mother and sister are coercing him and administering medication without legal rights such as custody or power of... View More

0 Answers | Asked in Juvenile Law and Domestic Violence for Texas on
Q: How can I become emancipated as a minor in Texas due to abuse?

I am turning sixteen next month and live in an emotionally and sexually abusive household in Texas. My mom threatened to kill me after I reported my stepdad's abusive behavior. She won't let me get a job to maintain control over me financially. I've had five or six cases with child... View More

0 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Gov & Administrative Law for Florida on
Q: How to address Sheriff's misconduct and entrapment in Florida?

I am a senior with disabilities in Florida, and I've been subjected to abuse and neglect. I reported this at a hospital and filed a police complaint, but the Sheriff, who has blocked avenues of help, did not report the abuse to DCF or Protective Services as required by law. Instead, he is... View More

0 Answers | Asked in Domestic Violence, Child Custody and Family Law for Pennsylvania on
Q: How do I recant a police statement about my ex in PA?

I reported my ex to the police over a month ago concerning an incident and now wish to recant my statement. No legal action has been initiated, though officials from Children and Youth Services have spoken to both me and my ex. I haven't discussed recanting with a lawyer or law enforcement... View More

0 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: How can I report my spouse's meth use and stop it in Oklahoma?

I am concerned about my spouse's methamphetamine use, as he has been acting paranoid and screaming. The behavior occurs in our home, which is solely in his name. When I raised my concerns, he told me to mind my own business. He obtains the methamphetamine in Missouri and brings it home to... View More

0 Answers | Asked in Domestic Violence, Child Custody and Family Law for Oklahoma on
Q: Does a Nevada TPO and custody carry over to Oklahoma?

I recently fled a domestic violence relationship in Oklahoma and relocated to Nevada with my children. I acquired a Temporary Protective Order (TPO) in Nevada, where I was also granted temporary custody on March 18th, 2025. I registered this order with the state of Oklahoma. There is no prior... View More

0 Answers | Asked in Criminal Law, Domestic Violence, Civil Litigation and Gov & Administrative Law for New Mexico on
Q: Statute of limitations for ongoing child abuse and welfare fraud incidents.

I'm seeking information on the statute of limitations for legal action related to past child abuse and welfare fraud incidents. The abuse started when I was younger and continues to happen with my children. How does ongoing abuse affect the statute of limitations, and what steps should I take... View More

0 Answers | Asked in Domestic Violence, Juvenile Law and Family Law for Michigan on
Q: What should I do about my guardianship and lack of support?

I am 17 years old and have been out of my guardian's care for over a month. They won't communicate with me or go to court to change the guardianship arrangement, and they do not provide any financial support. The change was supposed to happen in December. I have ongoing issues with... View More

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Health Care Law for California on
Q: What legal steps can address mental health concerns and rights violations for an inmate with schizophrenia facing new and old charges?

I am concerned about an inmate who was previously diagnosed with schizophrenia while incarcerated for three years and was released three months ago. Since his release, he has not received adequate mental health treatment and experienced episodes leading to new charges, including false imprisonment.... View More

James L. Arrasmith
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answered on Mar 27, 2025

You should immediately request a competency evaluation through your legal representative, as this can determine if the inmate can understand court proceedings and potentially pause the legal process until proper treatment is received. This evaluation could lead to placement in a mental health... View More

0 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: What can I do to gain custody after father's arrest for child abuse?

I have two sons, ages 14 and 12, who live with their father in Florida. Their father was arrested last night (3/26/2025) for aggravated child abuse. Despite this, I was not contacted to see if I would want to take my boys home with me. I have not seen them in almost three years due to the mental... View More

0 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: How can I restore my gun rights in NC with past misdemeanors and a 50B order?

I want to have my gun rights restored in North Carolina. I'm not a felon, but I do have misdemeanors that occurred over 20 years ago and a 50B order from around 2013. What steps do I need to take to restore my gun rights, considering these past legal issues?

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for California on
Q: Is it legal for my landlord to give a 60-day notice for remodeling after an incident with my ex?

My rent is paid by the housing authority, and my landlord gave me a 60-day notice for remodeling after my ex broke my windows for the second time. However, they don’t want to press charges or inform the housing authority about the incident. The incident was documented by the police, and my ex is... View More

James L. Arrasmith
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answered on Mar 27, 2025

I'm concerned about the timing and circumstances of your situation. In California, landlords must provide genuine reasons for termination notices in most rental situations, especially in subsidized housing. The timing of the notice just two days after the incident raises red flags, as does the... View More

1 Answer | Asked in Domestic Violence and Employment Law for Kentucky on
Q: Can I sue my employer for not respecting an EPO at work?

I have an Emergency Protective Order (EPO) against someone, and I included my workplace address in the EPO. The individual later began working at the same place. I presented a copy of the EPO to my management and requested a schedule change or more distance from this person, but they refused my... View More

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. There are no damages.

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for New Jersey on
Q: Is a FL no-contact order enforceable in NJ?

My daughter was assaulted by her boyfriend while in Miami Beach, and the court issued a no-contact order involving our family and his. We live in New Jersey, and he also resides there. Does this no-contact order remain valid and enforceable in New Jersey?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025

Yes, the no-contact order would be valid and enforcable in N.J. The U.S. Constitution requires all states to give full faith and credit to the acts of another state. There is also a national domestic violence registry. A violation of that Order would be a criminal offense.

0 Answers | Asked in Domestic Violence and Family Law for Pennsylvania on
Q: Can repeated texts asking me to visit, after previous PFA dismissal, warrant a new PFA in PA?

I previously attempted to obtain a PFA against someone due to abusive behavior, but it was dismissed because the court believed I was lying for custody purposes. Recently, this person has contacted me four separate times through text messages, urging me to come to their house, despite knowing I am... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Nebraska on
Q: Seeking a divorce from husband in jail for domestic violence. No kids, property, or joint accounts.

I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More

Q: Help with motion for reconsideration after probation revocation in Mississippi.

My boyfriend was originally charged with burglary 10 years ago and served 8 years in prison. After being released on probation, he was arrested on January 5th for a domestic violence simple assault charge, which was subsequently dismissed. Despite this, his probation was violated, leading to a... View More

1 Answer | Asked in Domestic Violence and Immigration Law for Florida on
Q: Steps to apply for VAWA green card as a domestic violence victim.

I'm a victim of domestic violence, and I'm considering applying for a VAWA green card. What steps should I take to begin the application process, and what evidence or documentation will I need to gather to support my case? Additionally, are there resources available for legal assistance?

James L. Arrasmith
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answered on Mar 26, 2025

I understand you're going through a difficult time. To apply for a VAWA green card, you'll first need to file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS, which allows you to self-petition without your abuser's knowledge or consent. You must... View More

1 Answer | Asked in Domestic Violence for Nebraska on
Q: What if accuser doesn't show for ex parte DV order trial in Nebraska?

I have an ex parte domestic violence protection order, and a violation was filed. We are waiting for the trial, and there are no prior incidents except a couple of phone calls without charges. What happens if the accuser does not show up in court for the trial?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If the accuser was the star witness, then there may not be enough evidence for the prosecutor to move forward with their case. On the other hand, if there is enough evidence otherwise, the prosecutor may still move forward even if the accuser is not cooperative. The Court can also give a... View More

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