Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Domestic Violence Questions & Answers
1 Answer | Asked in Landlord - Tenant and Domestic Violence for Mississippi on
Q: I am renting a house in Brandon, MS & also under a final protection order. Can I legally break the lease without penalty

I thought that there was a law that legally allowed victims of domestic violence or people under legal protection orders to break a lease without penalties.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Yes, there are laws in place that allow victims of domestic violence to break their lease without penalty in certain circumstances. The specific law and requirements may vary by state.

In Mississippi, there is a law (Miss. Code Ann. § 93-21-23) that allows victims of domestic violence to...
View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Mississippi on
Q: I am under a MS domestic protection order. I am renting a house, can I legally break my lease without penalties?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry you are in this difficult situation. Domestic violence protection orders and early lease termination laws vary by state, so it's important to look into the specific rules for your location. That said, here are a few general points that may be relevant:

- Many states have...
View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: To what extent will it hurt my case if I have dv records (1)from my current wife that were dropped ??

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2024

If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.

2 Answers | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Does my 18-year old child need to file form i-360, in order to submit her adjustment of status package (1-485 & i-765)?

I am at the verge of filing a VAWA petition, based on repeated abuse suffered from my USC spouse. I intend to include my child (18-year old, single and lives in the U.S) as a derivative applicant on my i-360 petition, to enable him file both form i-485 and i-765 concurrently. Since I will be filing... View More

Ghenadie Rusu
PREMIUM
Ghenadie Rusu pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

The USCIS allow for the children of a principal applicant filing under VAWA to be included as derivative beneficiaries if they are unmarried and under 21 years of age. Therefore, your 18-year-old child can be included on your I-360 petition as a derivative beneficiary. No additional I-360 on his... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

View More Answers

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Iam charged with domestic battery and cruelty to a child (case is a misdemeanor) nobody is injured and I have no crimina

While arguing with my husband I hit him using a baby blanket he was holding our baby at that time. I called the police and they arrested me because my husband showed them a video the incident happened. I wonder what is the worst scenario of my case and what to expect. My very first time. What... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

I'm sorry to hear about your situation. Domestic violence and child endangerment charges are serious matters. Here's some general information, but please understand that it's crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Sexual Harassment for Arkansas on
Q: can i turn myself in if i’ve committed a sexual assault crime without involving the witness?

i could come up with excuses or try to justify my situation but i feel ive sexually assaulted my ex (who lives in Arizona) while we were together, can i turn myself in?

edit: i meant the victim im sorry

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

I know this is a very difficult situation, but I strongly encourage you to do the right thing - take full accountability for your actions, turn yourself in, and comply with the legal process. Consider consulting with a criminal defense attorney who can advise you on the legal implications and your... View More

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Oregon on
Q: Neighbor is stalking/harassing me. Judge denied SPO due to no violence. Can I sue in small claims or seek injunction?

I have evidence of my neighbor stalking me as he shows up everywhere I go within 10-15mns. He's tracking not following me but haven't found the gps device yet. It's daily & he's relentless. The cops even went to his house & told him to stop plus avoid me which did... View More

Gregory L Abbott
Gregory L Abbott
answered on Apr 4, 2024

Of course you can sue in circuit or small claims court. Can you win? Not likely on the facts presented.

1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Arizona on
Q: What are my options if I’m being sextorted and threatened? How can I suppress an embarrassing video from being released

2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:

1. Contact law enforcement and file a police report....
View More

1 Answer | Asked in Family Law, Personal Injury, Child Support and Domestic Violence for New Jersey on
Q: My daughter is mentally agonized and in trauma due to violent behavior of her father's girlfriend who came to our home

It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: If the Petitioner reaches out and talks to the Respondent on the phone, can the Petitioner get in trouble?

Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

Protection orders restrain the respondent, rather than the petitioner. I agree with my colleague, while the petitioner will not get in any kind of legal trouble, it will undermine their ability to maintain the order or in the event that it's only a temporary order and there's an upcoming... View More

1 Answer | Asked in Domestic Violence for Washington on
Q: Is it Possible to get a DV 4th degree expunged from your record?

My fiancé was charged with a DV 4th degree years ago because of an argument and we are wondering if we can get this expunged from his record.

Cristine Beckwith
PREMIUM
Cristine Beckwith
answered on Mar 29, 2024

It's possible. There isn't enough information here to give much advice, other than to call a criminal defense attorney to see if he is eligible. Some of us offer a free phone consultation to determine eligibility.

1 Answer | Asked in Domestic Violence and Immigration Law for Tennessee on
Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian,... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Georgia on
Q: Can I terminate parental rights of my ex-husband who has not paid child support and over a year?

I have sole legal custody and physical custody of my children. my ex-husband is not allowed to contact us and I have a restraining order. Can I terminate parental rights? he also has not paid child support and over a year due to being incarcerated on domestic violence charges against me. What can I... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2024

Well it sounds like your ex-husband was abusive to you and a terrible spouse, I am not seeing why a court would at this point terminate his parental rights. By your own account he's not permitted to contact you. Does this extend your child? What rights can he presently exercise while he is in... View More

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I have missed court due to not being provided summons or any notice of court dates how can I resolve w/o jail time?

Protection order violation. Arrested, was homeless due to this false allegation. When out of jail I was not provided a court date and never was sent a summons or information on my next court date. The protection order was dropped due no one showing in court. However the violation was picked up by... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Hire a TN attorney to take you to Court, probably off the Docket. If possible, get it dismissed.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Kansas on
Q: I reported to police that I was sexually assaulted. The DA decided to dismiss. How can I have the case reopened?

A friend of my now x-boyfriend forceably and physically sexually assaulted me at a karaoke bar while the boyfriend stood not more three feet away laughing. The DA dismissed the case. The karaoke bar has cameras but when asked by an investigator the bar told him they didn’t have it knowing a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

If you feel that your case was unjustly dismissed, you can start by contacting the prosecutor's office to express your concerns and request a review of the decision. You can ask for a meeting to discuss the evidence and the reasons for the dismissal. It's also helpful to bring any new... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: How can I get a lawyer for a domestic violence case pro Bono

My bf is fighting a domestic violence restraining order case in downtown LA next week and is in need of a lawyer but can't afford it.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

In California, individuals facing legal challenges, such as fighting a domestic violence restraining order, can seek pro bono legal assistance through various avenues. Local legal aid organizations, such as the Legal Aid Foundation of Los Angeles (LAFLA), often provide free legal services to those... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: Involved in two conflicting court cases and attempting to find out what I should file and if they affect one another?

I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for before he has court. At same time, I’m currently involved as the victim with my partner, who also... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

In your situation, where you're involved in both eviction proceedings and a criminal case, it's crucial to approach each case properly. For the eviction, if you are not named in the lawsuit but are an occupant, you still have rights. In California, all occupants have the right to be heard... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: what would be your strategy for a RO where the man is emotionally abusive and the wife text him to be heard?

I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for Washington on
Q: Is it legal for the state to assign a nco on my husband when there was no apparent harm risk or danger to me from him?

My husband and I where in a strictly verbal altercation when the police where called and they arrested him for an assault in the 4th degree with dv enhancement when I answer no to every question I was asked by law enforcement and there was a no contact order put into effect. However he has NEVER... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

In instances involving domestic disputes, law enforcement may have policies or legal obligations to act cautiously, which can include issuing a no-contact order (NCO), even if no physical harm occurred. This is often a precautionary measure intended to ensure safety and prevent any potential harm... 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.