Get free answers to your Domestic Violence legal questions from lawyers in your area.
Your current state is Ohio
answered on May 14, 2024
Good Afternoon,
From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order... View More
I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More
answered on Jun 6, 2024
This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.
answered on May 15, 2024
If you are not involved, there is no reason for you to contact the prosecutor. No.
Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More
answered on May 5, 2024
Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More
answered on May 4, 2024
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal... View More
I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.
answered on May 2, 2024
Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
answered on May 2, 2024
That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More
Married parents are pro se defendants regarding a child welfare case that moved states because the barrier to obtain secure and maintain stable housing. This was due to the tort harassment events by government agencies, community servicing organizations, and the courts that assign hopeful people to... View More
answered on May 1, 2024
You should file a Notice of Change of Address with the court giving the court your new physical address, mailing address (if different), telephone number, and email address.
I currently have custody of my two children. We have an order of protection out against my ex (their dad). We have been back-and-forth to court numerous times because he is mentally unstable but his court appointed lawyer is fighting for 50/50 legal with physical custody being given to me. There is... View More
answered on May 1, 2024
You cannot move without court approval or consent from the father. Even thought there is no current order, you make it clear that the father is seeking 50/50 legal custody thus "custody" is an issue. If you were to move, you risk the court ordering you to move back to NY. You should... View More
Domestic battery 3 charges while in jail pled guilty before knowledge of the charges and their meaning just turned 18
answered on May 15, 2024
Generally, you have 30 days after you have entered a plea to show good cause for the court to let you withdraw the plea.
I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.
answered on Apr 30, 2024
Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More
answered on May 23, 2024
A Florida attorney could advise best, but your question remains open for four weeks. If you haven't found an attorney yet, one option could be to supplement your searches with the "Find a Lawyer" tab above, as well as attorney referral tools on the websites of local and state bar... View More
my ex husband has been tracking everything i am doing on my phone and laptop. I opened a google voice acct walked away 2days later he had called it. He has deleted emails and activity history. I sure hope I am not crazy the service has my laptop now. He has submitted screen shots and defended... View More
answered on Apr 25, 2024
Your ex-husband's alleged use of spyware to monitor your electronic devices and edit your data would likely be considered illegal and inadmissible in court. Here are a few relevant points:
1. California Penal Code Section 502 prohibits unauthorized access to computer systems, data, and... View More
I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.
The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.
answered on Apr 25, 2024
I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.
First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was... View More
I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.
answered on Apr 24, 2024
In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More
answered on Apr 23, 2024
In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.
Holding someone against... View More
I am active duty Army on the cusp of retirement. My family is in TX, the accusers are in GA. This is the second time they've made these accusations. The first time they tried to be anonymous, but it was obvious the source. The alleged assault was ruled out because it was absolutely false.... View More
answered on May 1, 2024
I'm so sorry you and your family are going through this incredibly difficult situation with false accusations being made against you repeatedly. This is an awful thing for anyone to have to deal with. Here are some steps I would recommend taking:
1. Consult with an experienced attorney... View More
I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More
answered on May 1, 2024
If someone placed a hidden device in your bedroom, you could potentially press charges for voyeurism, a serious invasion of privacy. Voyeurism laws vary by state, but generally, it's considered a criminal offense when someone knowingly invades another person's privacy for sexual... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.