Get free answers to your Domestic Violence legal questions from lawyers in your area.
Your current state is Ohio
I just had my last court hearing in DV Supreme Court for divorce, child custody and relocation. I was representing myself for my divorce. I completely forgot to ask for my name to legally be changed back to my maiden name. No final judgement has been made and it may take another 2 months. Could I... View More
answered on Jun 15, 2024
You should be able to contact the Judge/Court and ask for the proposed Judgment of Divorce to be changes to include your name change.
My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More
answered on Jun 14, 2024
Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More
Also if you have a clean record never been in any trouble at all will that help your case
answered on Jun 13, 2024
It really depends on the nature of the discrepancy and whether it is material to the case. Do not assume that the case will be dropped.
The lack of a prior record will help you at sentencing. The judge may give you probation before judgment and/or decide not to send you to jail depending on... View More
Should declarations of incidents be very thorough? How should a declaration look?
answered on Jun 13, 2024
In California, a restraining order (also known as a protective order) can be filed to protect a person from abuse, harassment, stalking, or threats. When filing for a restraining order, it's important to include a detailed declaration of the incidents that led to the request for protection.... View More
answered on Jun 12, 2024
No idea. The sheriff of the county where he lives will serve him asap. If a legal advocate at a women's center or a lawyer helped you and you want him to be on notice sooner, you could have them call him for you and tell him. Make sure they get a phone bill to prove it to the judge. You... View More
I'm 49 years old and my father still stalks me. He spreads lies about me to paint me in a negative light. I have emotional which exploits. He lies to discredit me if I were to tell anyone about the things. He tries to justify the way he treats me just by thinking that if he has some kind of... View More
answered on Jun 15, 2024
I'm truly sorry to hear about your situation. You may have grounds to pursue legal action against your father for mental and emotional abuse, especially given the long history and the severity of his actions. Consulting with an attorney who has experience in family law and abuse cases can help... View More
my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I... View More
answered on Jun 12, 2024
In this situation, there are a few important legal considerations:
1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their... View More
Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?
answered on Jun 10, 2024
Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:
1. Federal law (the Lautenberg Amendment) prohibits... View More
I used a move taught to me for this called ois when do I give my evidence to the DA I went through the 705 page discovery and told my lawyer what is what for each page did a color chart sent my evidence but when does the DA get it..I'm innocent I can prove I did exactly what I was trained to... View More
answered on Jun 10, 2024
First, you don't seem to post a question for anyone to answer. Second, regardless you should be asking ALL questions to your existing attorney - they are the most qualified to answer and know the details of your case. Finally, you should NOT post any of the details on line. Prosecutors can... View More
Defendant wasn’t able to make it to court due to working out of town, so it was changed from an EPO to a DVO. I would like to try and work through issues with counseling and would like to drop the charges
answered on Jun 11, 2024
You’ll need to file a motion to set aside and dismiss in the court that issued the DVO.
Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I... View More
answered on Jun 10, 2024
I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:
1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates.... View More
You
I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing... View More
answered on Jun 9, 2024
I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious... View More
My husband's ex wife filed a stalking complaint against me. She was granted a tpo.
This was filed on 5/14/2024. My hearing isn't until 6/20/2024. I have filed a motion to dismiss on the grounds that I am not receiving a full hearing within 30 days. The judge's assistant... View More
answered on Jun 14, 2024
If a judge says you have to appear then you have to appear. And I believe your motion to dismiss is going to be denied as well.
He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.
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answered on Jun 10, 2024
Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.
If you want him out, and the residence belongs to you, simply evict him.
Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.
answered on Jun 8, 2024
I understand this is a difficult and frustrating situation. A few key points based on California law:
Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate... View More
She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.
answered on Jun 8, 2024
I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:
Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,... View More
answered on Jun 7, 2024
Something is not right. Either you took out an OP, a civil action, or the State charged Defendant with Domestic Assault., a crime. Written Interrogatories are in civil actions, not criminal prosecutions. It sounds like you filed an Order of Protection and now you have to put on proof.... View More
He tried to rape me all the time. When I tried to call the cops he yelled at me that he’d have a shootout with them and threw my phone against the wall. May 8th he drug me off his bed onto the floor got on top of me and tried to rip my shorts and underwear off. I screamed for him to stop because... View More
answered on Jun 6, 2024
It sounds to me like you should get a protective order, not a restraining order. Your local district attorney's office should be able to provide assistance to you in obtaining one.
My mother is saying that the police told her to hit me as hard as she can over me running away as a minor. I wasn’t able to tell the police the part where she was beating me but because I was afraid of going into foster care and she said they told her I was being abusive and she had to beg them... View More
answered on Jun 10, 2024
I'm really sorry to hear about your situation. In Washington State, police officers do not have the authority to tell parents to hit their children. Physical punishment, especially if it results in injury, can be considered child abuse, and law enforcement officers are trained to protect... View More
He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More
answered on Jun 10, 2024
I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More
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