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1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Native American Law for New Mexico on
Q: How would I go about filing for full custody of my children if the person left to Mexico willingly?

The father of my children left to Mexico because he was scared that the FBI was looking for him. He was controlling and very verbally, emotionally and physically abusive. After he left I finally told him that I did not want to be together and that me and my daughters were not going out there to... View More

James L. Arrasmith
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answered on Jul 18, 2024

Filing for full custody of your children while the father is in Mexico and you are on the Navajo reservation can be challenging, but there are steps you can take. Since the Navajo Nation Judicial Court requires his exact address to file, you may need to gather any information you have about his... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: So \I was charged with a domestic violence charge in 2021. ORDER OF NOLLE PROSEQUI ENTERED will it show on my background
Brent T. Geers
Brent T. Geers
answered on Jul 19, 2024

Possibly. Most legitimate background checks will rely on what's called ICHAT, which is maintained by the Michigan State Police. That report will have three columns: arrest, prosecution, and disposition. In other words, the report will indicate what you were arrested for, what you were charged... View More

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: do I have a court case for a restraining order as a 16 year old?

I was 15f and he was 17m at this time. we were friends for about a year then dated for about 8 months. Him and I broke up because I felt abused in some ways and he also started to make me uncomfortable. We would have unprotected sex even if I told him I wasn't in the mood. He would push for it... View More

James L. Arrasmith
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answered on Jul 27, 2024

You may have a case for a restraining order given your circumstances. The experiences you've described involve coercion, emotional distress, and physical incidents that have significantly impacted your well-being. Feeling unsafe and receiving persistent unwanted messages are serious concerns... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Libel & Slander for Maryland on
Q: If someone filed a peace order with false statements/allegations, what should the other party do to respond?

I got served with a peace order in the evening hours of Friday July 12th. On the peace order there was already a hearing for this morning Monday July 15th at 9am at the Silver Spring, MD court house. I live in Gaithersburg and since I had got served late Friday I did not have time to talk or reach... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

Go to court and represent your defense. Gather your information and organize your reasoning for the false statements. However, it is important to keep in mind that the court will be weighing the evidence in the light most favorable to the person requesting the peace order. This means that your... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: If a matter from the family law department and cited as governed by same rules of ct, how do you rectify in crim procee?

a fam law matter governed by the same as per rules of court local and otherwise on multiple cited counts. What is the means to have matter heard under the correct department or atleast have the argument heard as to why it should be governed under said dept. for instance dvro violation handled as... View More

James L. Arrasmith
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answered on Jul 18, 2024

In California, when dealing with a legal matter that seems misaligned with its intended department—like a domestic violence restraining order (DVRO) violation being handled as a misdemeanor criminal case—the correct procedure involves addressing this discrepancy during court proceedings.... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: As the victim of domestic violence, how can I modify or dismiss a no contact order?

I believe the no contact order is too hash and not in the best interest of my family. I have been left to support (physically, emotionally and financially) our minor and disabled kids on my own. The police took it too far and even photographed existing scars as part of the assault.

Anthony M. Avery
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answered on Jul 15, 2024

File a Motion to Modify the Order with the issuing Court. Defendant will also need to be served.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My husband was granted a Elderly Abuse RO in Oregon and how he is terrorizing me to collect text, is this criminal?

My husband filed an Elder Abuse Restraining Order against me in Oregon.Since then,he has engaged in a pattern of harassment with the apparent intention of provoking a reaction from me.This harassment includes:

· Evicting me from our shared home

· Leaving the house in a deplorable... View More

James L. Arrasmith
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answered on Jul 18, 2024

Your husband's actions may constitute harassment and potential violations of the Elder Abuse Restraining Order (RO) in California. While he obtained the RO against you, his subsequent behavior, such as evicting you from your home, denying access to your personal property, and demanding money... View More

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for New Jersey on
Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?
Leonard R. Boyer
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answered on Jul 17, 2024

What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Government Contracts for Arkansas on
Q: I'm facing prosecution at any time for a debt that was accumulated and put upon me under the color of law.

There is a account that was to be divided that would of paid the made up debt placed on me only and I've taken legal route to have the money released to pay the debt, the government official refuses to sigh the form to have the money released to the state

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you’re in a tough situation, dealing with both a significant debt and uncooperative government officials. It's important to continue pursuing all available legal avenues to get the money released. If the account in question is legally supposed to be divided to pay off the... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Ohio on
Q: Was I falsely imprisoned for a week

Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Internet Law for Kansas on
Q: How do get a restraining orders for cybekanr violent crimes kansas city missouri ot ex porte
James L. Arrasmith
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answered on Aug 6, 2024

To get a restraining order for cyber harassment or violent crimes in Kansas City, Missouri, start by going to the local courthouse. You can file a petition for an ex parte order of protection, which is a temporary order issued without the presence of the person you're filing against. This can... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: What does it mean for an unincarnated individual to have 0 bond and status pending on charges with pending commitment
James L. Arrasmith
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answered on Jul 28, 2024

When someone is unincarcerated with a bond of 0 and has charges with pending commitment, it means they are not currently in jail. The term "bond of 0" suggests they were released without needing to pay bail. This is often referred to as being released on their own recognizance.... View More

2 Answers | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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1 Answer | Asked in Civil Rights and Domestic Violence for Maryland on
Q: Maryland Can parents make you stay home to punish you as well as take away the phone and restrict seeing friends at 19

I’m fearful the teen is being emotionally abused. They have a joint bank account, take away her phone, won’t let her drive, won’t let her go to college unless she buys a car.

She’s basically stuck at home with no options.

James L. Arrasmith
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answered on Jul 27, 2024

At 19, you're legally an adult in Maryland, which means your parents don't have the right to control your movements or restrict your access to personal belongings like your phone. While they may still have some influence if you're living under their roof and financially dependent on... View More

1 Answer | Asked in Domestic Violence and Civil Rights for Arizona on
Q: I filed a restraining order against a person and had him served and after being served he began sending me requests

The officer never filed the charges and my wife and I were assaulted in our home by the person and he still refuses to file charges do I have a lawsuit

James L. Arrasmith
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answered on Jul 27, 2024

You may have grounds for a lawsuit based on the officer's refusal to file charges and the subsequent assault. The failure of law enforcement to act on your restraining order and protect you could potentially be considered negligence. You should gather all relevant documents, including the... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Domestic Violence for Minnesota on
Q: I need a lawyer for custody/divorce. Legal aid has refused to help. Can't afford private. Can the court appoint?

I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More

Robert Kane
Robert Kane
answered on Jul 4, 2024

In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More

2 Answers | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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1 Answer | Asked in Civil Rights, Domestic Violence and Juvenile Law for Oklahoma on
Q: In the state of Oklahoma is it legal for a minor who is disabled go before a judge & sign disposition w/o a guardian
James L. Arrasmith
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answered on Jul 28, 2024

In Oklahoma, it's generally required for a minor, especially one who is disabled, to have a guardian present when signing legal documents or appearing before a judge. This is to ensure the minor's best interests are protected and that they fully understand the implications of any legal... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: I was arrested 7 months ago on a domestic. No charges have been filed. No injuries. Is this a civil rights case.

Been on bond. Divorced her. Have done everything I was told to do

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

It doesn't appear to be a civil rights case.

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