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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Civil Rights and Constitutional Law for Kentucky on
Q: Who can i sue for not telling me my rights as a crime victim in ky

I had a dvo against my husband that he broke 4 times and the last time he broke it he strangled me. The commonwealth took over the case and charged him with strangulation in the first degree and breaking dvo multiply times. He was able to get out of jail and go straight to courthouse with his... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm really sorry to hear about everything you've been through. It’s important to reach out to a lawyer who can review the details of your case and advise you on possible legal actions. They can help determine if there were any violations of your rights and who might be responsible.... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for California on
Q: Can an attorney help sue a police department for wrongful removal of a child and wrongful arrest?
James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're facing this situation. It's important to understand your rights and the steps you can take to address wrongful actions against you and your child.

First, document everything related to the removal and arrest. Keep records of all interactions, notices,...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: I'm need a civil attorney that can help me sue police for wrongful arrest and wrongful removal of my baby. Charges dismi

Please consider me because my case is big and will be worth helping.

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're experiencing this. Finding the right legal support is crucial for your situation.

Start by contacting your local bar association, which can provide referrals to attorneys experienced in civil rights and wrongful arrest cases. Make sure to gather all...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: What are my & my kids rights if we are granted an EPO & the father violates it abducts them & cps detains them from him

I fired two idp attorneys for misrepresentation and misinformation, not willing to accept documents or subpoena witnesses. I have no legal representation and the hearings have drug outliner than suppose to. The kids were detained June 29th the jurisdictional hearing is December 3rd. My first idp... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this. As a parent and victim of domestic violence, you have the right to seek protection and ensure the safety of your children. The Emergency Protective Order (EPO) is designed to keep you and your kids safe, and violating it by the father is a... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for West Virginia on
Q: Hello, Thank you in advance for helping. CPS took my kids because my husband was emotionally and physically abusing us.

He has since relinquished his rights to the kids.. They are forcing me to do the same for "failure to protect". I want to know, if I appeal the descion, will those allegations from the CPS come about in court? I was under serious duress and in and out of the hospital and therapy during... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a qualified attorney or a legal aid organization for assistance with your situation. They can provide the support and guidance you need.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: How does a court case appear online if defendant has entered a pretrial diversion program?

case # begins PRE- open(pending) Would it be listed as prefile?

Joshua Schiffer
Joshua Schiffer
answered on Oct 13, 2024

All depends on the jurisdiction, as the registry entries are different from circuit to circuit, and even sometimes clerk to clerk.

The best way is to verify specifically with the clerk in writing. EVERYTHING needs to be in writing if at all possible.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What if petitioner continues to violate protective order in attempt to get respondent to violate?

My ex placed a protective order against me issued 09/04/24. No contact has been made since 08/23/24 until today when petitioner reached out on two different occasions.

Timothy Denison
Timothy Denison
answered on Oct 11, 2024

He can’t violate the protective order unless he has once against him, only you can. Do not have any contact until or unless the Court amends that order.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Kansas on
Q: What type of attorney do I need for the police giving favoritism in a DV case ?

Long story short,my ex and I were arrested on disorderly conduct My ex works for the prison i'm sure there was favoritism played in there somewhere the police and prosecuter never Looked at the evidence. My attorney at the time advised me to go. Make a battery report myself 4 times the police... View More

James L. Arrasmith
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answered on Oct 9, 2024

You should look for a criminal defense attorney who has experience with cases involving police misconduct or favoritism. These attorneys understand the complexities of the legal system and can help you navigate issues where there may have been bias or improper handling of your case.... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I get a restraining order sealed in california
James L. Arrasmith
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answered on Oct 8, 2024

In California, obtaining a restraining order is an important step to ensure your safety. However, by default, restraining orders are part of the public record, which means they can be accessed by anyone. This transparency is intended to provide public safety and awareness.

There are limited...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How to get a criminal protection order dismissed penal code 136.2

The DA filed it on my behalf after my boyfriend broke my cell phone durning a 911 call he was having mental health issues

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How to have criminal protection order penal code 136.2 dismissed filled by DA on my behalf on 09-30-24

It's against my boyfriend he had a mental health breakdown broke my phone while calling 911 to get him help than made crazy comments about killing himself he was only in danger of hurting himself

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're going through this difficult situation. To have the criminal protection order dismissed, you should first consult with a legal professional who can guide you through the process. They can help you understand the specific reasons the DA filed the order and assess the best... View More

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?

I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2024

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

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1 Answer | Asked in Constitutional Law, Domestic Violence, Elder Law and Gov & Administrative Law on
Q: We attempted to file an FIR against a family that is constantly harassing my elderly parents

We attempted to file an FIR against a family that is constantly harassing my elderly parents, who are retired from the Indian Army and unable to defend themselves. The opposing party consists of 12 people who continuously provoke and harass my parents. Since we live far away due to work, we sought... View More

James L. Arrasmith
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answered on Oct 9, 2024

I'm sorry to hear about the challenges your parents are facing. To seek stronger action, you should escalate the matter beyond your local police station. Start by contacting the Superintendent of Police (SP) or the Deputy Commissioner of Police in your area. Present all the evidence you have,... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2024

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a...
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1 Answer | Asked in Real Estate Law, Domestic Violence, Education Law and Federal Crimes for Indiana on
Q: Ley en donde se tipifique el delito de Homicido en Indiana
James L. Arrasmith
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answered on Oct 20, 2024

In Indiana, homicide is addressed under the Indiana Code Title 35, Article 42. Homicide involves the unlawful killing of another person and is categorized based on the intent and circumstances surrounding the act. Understanding these distinctions is crucial for grasping how the law is applied in... View More

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

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answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

Q: How to ask court permission to record trials

How to ask judge if I or court reporter can record audio instead of written transcripts?

James L. Arrasmith
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answered on Oct 5, 2024

To seek permission to record a trial, start by reviewing the specific rules and procedures of the Fontana, CA court. Each court may have different requirements, so understanding local guidelines is essential. Prepare a formal written request or motion addressed to the judge overseeing your case.... View More

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Florida on
Q: First of all my soon to be ex wife filed for child support in Santa Rosa county on 2-17-2023 then turned around and file

Filed a domestic violence injunction in Pinellas county on 2-22-2023 ( she don't live in Santa Rosa county neither do I ever. Then on 12-07-2023 filed for divorce in pinellas county, the day after I filed my answer to the divorce she filed violations of the injunction she says happened feb 3 ,... View More

Garrick Neal Fox
Garrick Neal Fox
answered on Oct 2, 2024

Sounds like you have a mess on your hands. You need a very good divorce attorney to sort this out. If there is a warrant for your arrest, that needs to be cleared first.

1 Answer | Asked in Civil Rights and Domestic Violence on
Q: I am 19 . a mandated person has reported my past abuse to the police. can they show up to my house?

i am no longer in danger. and the abuser is not a family member nor are they still in my life. therapist told me police or tusla need to know because it’s serious. if police need to speak with me will they just knock on my door?

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this. Yes, the police can come to your home to speak with you if they need more information about the situation. They typically arrive by knocking on your door and identifying themselves.

Since you're no longer in danger and the abuser...
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1 Answer | Asked in Domestic Violence for California on
Q: can i argue self defense even if no one was around to see it and i left a mark while they didnt

we were arguing in the living room when she lunged at me to take my phone and swung and hit me in the head 2 times to take it from me (she bought it for me thats why she was trying to take it) so to prevent her from hurting me i was pushing, punching and scratching to get her off of me. by... View More

James L. Arrasmith
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answered on Sep 30, 2024

Yes, you can argue self-defense even if no one else was around to witness the incident. In California, self-defense is a valid defense as long as you reasonably believed you were in immediate danger of being harmed and your response was proportional to that threat. The fact that you left a mark... View More

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