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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Florida on
Q: About two years ago My soon to be ex wife moved to down south Florida and filed a domestic violence injunction against m

Me and has presently filed violations of that injunction against me that aren't true and I didn't do well they had a hearing down there and said I did commit those violations and now I have two warrants from down south for writ of bodily attachment for the violations. And 2nd off when she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Sep 30, 2024

You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: if the lawyer mislead the judge in the courts and I proved their was a misunderstanding but the judge disregards

I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it

James L. Arrasmith
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answered on Sep 29, 2024

It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More

1 Answer | Asked in Personal Injury, Domestic Violence, Landlord - Tenant and Libel & Slander for California on
Q: I live in California w boyfriend in his trailer for about 5 months now. What kind of rights do I have as a resident.

He has been verbally abusive and has threatened to kick me out. He had a woman hit me for some made up story he made up to have her hurt me..he is manipulative and has caused much pain and suffering. He kicks me out then allows me to come back only to kick me out again. I want to know from a legal... View More

James L. Arrasmith
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answered on Sep 29, 2024

In California, even if you’ve lived in your boyfriend’s trailer for only a few months, you may have tenant rights under the law. Since you’ve been residing there for about five months, you could be considered a tenant, which means he cannot simply kick you out without going through proper... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: how do i drop charges?

i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slaver

I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slavery in constant fear. I don't know what to do. I have a temporary green card. because of my temporary green card he thinks that I am not a person and he can do whatever he... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm so sorry to hear about your situation. You deserve to feel safe and live free from fear, and there are options available to help you. In California, you can file for divorce even if you have limited financial resources, and domestic violence is a serious concern that the court will take... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: My children and I have been subpeona to court for the state but we are not pursuing any charges?

My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More

Glenn T. Stern
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answered on Sep 26, 2024

Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: If a defend is on a no contact order and breaks that no contact order will the vic also be charged w/stalking?

Will a warrant also be issued for the victim for an aggravated stalking charge?

Glenn T. Stern
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answered on Sep 26, 2024

No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: After court I noticed that the DANCO order stated that I can’t trespass to my own home

After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 25, 2024

No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: What am I to do when I file a protection order on behalf of my kids but mom still lives with whom I have the order

My wife told me her boyfriend hit her and our kids and threaten their lives on behalf of my kids I file a protection order against him. But she moved back in with him

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

As long as he obeys the protective order with respect to your kids, you likely cannot do anything except use that as evidence in your divorce. If he violates the protective order, you can file a motion to enforce the protective order.

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Domestic Violence for Indiana on
Q: To whom it may concern. I am curious if you guys deal or take on civil matters as in. Seperation, child support, ect.

I am being stripped of my legal rights and threatened to not being able to see my child. And my name is being slandered in the worst cases.

James L. Arrasmith
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answered on Sep 25, 2024

I'm sorry to hear that you're facing these challenges. When dealing with civil matters like separation, child support, and custody issues, it's important to seek proper legal counsel to protect your rights. Family law can be complex, and your situation may require professional advice... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My motion to vacate DVRO was dismissed With Prejudice. However, NEW EVIDENCE shed light. How to re-file ?

Motion to vacate DVRO was dismissed With Prejudice and I am assuming it was due to me not appearing, but I tried to connect through Courtcall as I was approved for it and I wasn't successful. Courtcall didn't have my name listed and they said I have to pay $72 which I wasn't told... View More

James L. Arrasmith
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answered on Sep 20, 2024

You may still have options to challenge the DVRO despite the dismissal with prejudice. Since you now have new evidence that wasn't available at the time, you can file a motion for reconsideration under California Code of Civil Procedure section 1008. In this motion, you will need to explain... View More

1 Answer | Asked in Domestic Violence for Kentucky on
Q: When charged with assault 4th degree (domestic violence) is there an automatic seperation order?
Timothy Denison
Timothy Denison
answered on Sep 20, 2024

Not automatic but almost always a no contact order.

1 Answer | Asked in Domestic Violence for California on
Q: for a domestic violence charge after 48 hours with absolutely zero paperwork and given no court date information. Why?

The the accuser had no marks or injuries. I did have injuries and cuts that were documented and photographed by the arresting officers. I received medical treatment while in jail for 48 hours. The accuser did not file any charges against me. The arresting officer said our stories matched up... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you’re going through a difficult and confusing situation. Even though both you and the accuser admitted to hitting each other, it’s possible that the police decided to arrest based on who made the call first, which often influences their decision in domestic violence cases.... View More

1 Answer | Asked in Domestic Violence for California on
Q: Is it legal for people convicted of misdemeanor domestic violence to own a black powder replica of a 1898 pistol?

Question applies to exact replicas of black powder pistols produced in 1898 or earlier, and do not use modern cartridge ammunition.

James L. Arrasmith
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answered on Sep 19, 2024

Under both federal and California law, people convicted of misdemeanor domestic violence are prohibited from owning or possessing firearms. This includes black powder firearms that are classified as "firearms" under California law. While federal law may not always consider antique... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: How can I get my vehicle back that my ex has and there is a restraining order and he's violating the criminal protection
James L. Arrasmith
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answered on Sep 18, 2024

To get your vehicle back when there's a restraining order in place, start by contacting law enforcement. Since your ex is violating a criminal protection order, it’s important to report the violation, especially if they’re withholding your vehicle. Document everything related to the... View More

1 Answer | Asked in Immigration Law, Family Law, Personal Injury and Domestic Violence for Minnesota on
Q: Hello! I have a J2 visa - my husband kicked me out of the house.

Hello! I have a J2 visa - my husband kicked me out of the house. He is a narcissist, he was a psychological terror for almost 2 years, I am sure he cheated on me too. I work and I am fine. But I would like to know what I can do to stay here legally and disassociate myself from him.

James L. Arrasmith
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answered on Sep 18, 2024

I'm sorry to hear about your situation. If you're on a J2 visa, your legal status is tied to your husband's J1 visa. However, you may have options to remain in the U.S. independently. You could consider applying for a change of status, such as an adjustment to a work visa or student... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: DA is assessing whether to press charges on a case in which complainant lied. How can my brother get ahead of it?

My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More

Madolyn García Falone
Madolyn García Falone
answered on Sep 20, 2024

The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I lied about my fiancé choking me until I passed out. Now he’s in jail. Can I go to jail now for lying on him?
Anthony M. Avery
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answered on Sep 13, 2024

Yes ... Hire a lawyer to represent you on how to stay out of Court and trouble. It is delicate.

1 Answer | Asked in Domestic Violence for California on
Q: Wife started attacking me punching me blocking me from leaving. And now she is claming that I have choked her to police

I didn't choke her and she had my 13 year old son say that I did choke here I only put my hands out to move her as well as to block the swings from hitting me she took my keys and got them out of her hands and running to door to leave slamming the door crushing me the door Jam and door ...I... View More

James L. Arrasmith
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answered on Sep 11, 2024

It's important to remain calm and take steps to protect yourself legally. Start by gathering all evidence that supports your side of the story, including the 13-second video showing her charging at you. This video can be crucial in demonstrating that you were acting in self-defense and not... View More

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