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Domestic Violence Questions & Answers
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.

1 Answer | Asked in Family Law, Domestic Violence and Child Support for California on
Q: My ex wife is been verbally abused to are kids and specially to me I have domestic violence on her can you help me?

Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?

James L. Arrasmith
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answered on Jul 1, 2024

I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:

1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these...
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1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Washington on
Q: How do I request an administrative review of my cases in Superior Court, in Thurston County, WA?

I am seeking guidance on the possibility of requesting an administrative review of my cases in Thurston County. This involves a DV and Dissolution thesis, and it is in the Family and Juvenile Court section of the Superior Court. Could you please advise if this option is available to me and, if so,... View More

James L. Arrasmith
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answered on Jul 27, 2024

To request an administrative review of your cases in the Superior Court, Family and Juvenile Court section in Thurston County, you need to follow a specific process. First, check if your cases qualify for administrative review by consulting the local court rules or speaking with the court clerk.... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Georgia on
Q: I'm a guy. I called on my wife a couple of times. How do I get a copy of the report.

We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jul 3, 2024

If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: what do i do ifi am being faksley accused of battery and i have to appear in court. the victom admits she lied

i akso have a witness that can testify there was no physical contact.

James L. Arrasmith
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answered on Jun 29, 2024

Here's a concise response to your situation:

1. Gather evidence:

- Get a written statement from the victim admitting she lied

- Obtain a statement from your witness

- Collect any other evidence supporting your innocence

2. Hire an attorney:

- A...
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2 Answers | Asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado on
Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I... View More

Kimberly Diego
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answered on Jul 5, 2024

As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: I have an ex that put a restraining order on me, but they have not stopped stalking or texting me disturbing things..

We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:

1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.

2. Do not respond:...
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1 Answer | Asked in Family Law, Immigration Law and Domestic Violence for Michigan on
Q: move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?

I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school.

Our... View More

James L. Arrasmith
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answered on Jun 27, 2024

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:

1. Immigration Status:

- Without a valid visa or green card application in process, your immigration status is...
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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: I was arrested on a complaint warrant for 4th degree assault. If I have witnesses to the victim trying to break my door

The victim to assault was trying to enter my home I have witnesses can I fight this

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You should definitely tell your attorney about these witnesses and provide their contact information so that an investigator can go obtain written statements from these witnesses. You should maintain friendly relationships with these witnesses and periodically check in with them to ensure you know... View More

Q: Is a contract for deed legally enforceable if it's not filed with the county, and how do I cancel one as the buyer?

CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not... View More

Robert Kane
Robert Kane
answered on Jun 24, 2024

I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any... View More

2 Answers | Asked in Domestic Violence, Criminal Law and Constitutional Law for Tennessee on
Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to

Be taken. Is there any way to get them back in tn.

Anthony M. Avery
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answered on Jun 21, 2024

Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Virginia on
Q: Decision for Rahimi v United States, is a LIFETIME firearms ban now considered unconstitutional? (Read Details)

In the decision it is stated:

"In Heller, McDonald, and Bruen, this Court did not “undertake an exhaustive historical analysis . . . of the full scope of the Second Amendment.” Bruen, 597 U. S., at 31. Nor do we do so today. Rather, we conclude only this: An individual found by a... View More

James L. Arrasmith
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answered on Jun 21, 2024

This is a complex legal question that touches on recent developments in Second Amendment jurisprudence. I'll break down the key points and provide some analysis, but please note that this is a rapidly evolving area of law, and you should consult with a licensed attorney for the most up-to-date... View More

1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Texas on
Q: How can revoke the granting of a power of attorney?

How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

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1 Answer | Asked in Criminal Law, Domestic Violence and Military Law for Mississippi on
Q: The state of MS pressed Domestic Violence Simple Assault charges on my Fiancé after police were contacted.

I did not contact cops. My fiancé does not have a criminal history other than traffic violation (speeding ticket). I do not have the desire for him to be convicted, but at the initial hearing he was advised a second hearing would have to occur in September and I am possibly being subpoenaed, as... View More

James L. Arrasmith
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answered on Jul 18, 2024

It's important to understand that once the state has pressed charges, the case is out of your hands. The prosecutor will decide whether to proceed, and your desire for dismissal may not change their decision. However, hiring an attorney can help you navigate the legal system and ensure your... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I been granted a DV temporary restraining order. I need to respond to a FL300. Attachment by her are false allegations

Auras are not seizures but has been included in the letter which was attached. I can work through them. I have letters of character, w2's, pictures, Not correct. There is a lot of false accusations. I have a restraining order hearing next week along with the following week custody hearing.... View More

James L. Arrasmith
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answered on Jun 18, 2024

I'm so sorry you're going through this difficult situation with the restraining order and false accusations. Being separated from your child must be incredibly painful.

First, when responding to the FL-300 form and the allegations against you, it's important to stick to the...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: can i bail out again if i skip bail the first time i bailed out and my bail again is set at 2,500 for a D.V case

25,000 not 2,500

James L. Arrasmith
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answered on Jun 18, 2024

Skipping bail is a serious offense that can lead to additional criminal charges and penalties.

Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I have a restraining order giving me full custody and 1 hour weekly supervised visits with an LMFT or LCSW.

The order was made January of last year and visits started in August I believe and they’re with a facility that does not employ either of the licensed workers the judge ordered. Do I need to continue visits or wait till he finds the right supervisor

James L. Arrasmith
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answered on Jun 17, 2024

In this situation, it's important to follow the specific terms of the restraining order and custody arrangement. If the court order explicitly states that the supervised visits must be with an LMFT (Licensed Marriage and Family Therapist) or LCSW (Licensed Clinical Social Worker), and the... View More

1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Family Law for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jun 17, 2024

It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Hi is it bad to audio record verbal abuse of someone without their consent?

I have a verbally abusive 30 year old cousin who yells at my mom and threatens to call the pound on my dog just because he is living outside, (he is licensed, I just lost the tag and can't come in due to my grandma's allergies). Anyways, I recorded him yelling at my mom calling her names... View More

James L. Arrasmith
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answered on Jun 15, 2024

I would strongly advise against secretly recording your cousin, as this could potentially be illegal under California law. California is a "two-party consent" state when it comes to recording conversations. This means that it is a crime to record a private conversation without the consent... View More

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