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Domestic Violence Questions & Answers
1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Domestic Violence for Maryland on
Q: Store manager refused to let me in 15 mins before close. I posted a TikTok then she messaged me threatening to beat me.

I went to the Childrens place 15 mins before close and manager refused to let anyone in. I posted a TikTok that went viral and received a message on TikTok from the manager threatening to beat my a**. I live in the stores neighborhood and have been afraid to leave my house to shop and do activities... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2024

A Maryland attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to Maryland attorneys to try to arrange a free initial consult. A law firm would probably want to discuss in detail and possibly investigate things before offering an evaluation... View More

1 Answer | Asked in Constitutional Law, Domestic Violence and Legal Malpractice for California on
Q: My DVRO was denied so I filed a motion to reconsider because of new and different facts and laws not available at trial.

I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.

He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More

James L. Arrasmith
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answered on Aug 28, 2024

It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More

1 Answer | Asked in Adoption and Domestic Violence for California on
Q: If I have a restraining order for me and my children and get a charged can the CPS judge order the abuser visitation
James L. Arrasmith
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answered on Aug 27, 2024

If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child,... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Need to turn myself in over a domestic violence charge that's been t Falsely accused
Anthony M. Avery
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answered on Aug 30, 2024

Hire a competent attorney. Do not plead guilty except with diversion. DA is worst than some felonies, so trial may be necessary. Leave victim alone.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My abuser filed TRO against me. How do I defend myself in court without a lawyer?

I had filed a TRO against my abuser. It was granted but it was failed to be served to him. The abuser filed a TRO against me and his lawyer’s coworker sneakily served me the paperwork with my passport, birth certificate, etc. The abuser is saying I’ve lied about everything and am withholding... View More

James L. Arrasmith
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answered on Aug 25, 2024

Defending yourself in court without a lawyer can be challenging, but it's possible with careful preparation. Start by gathering all evidence that supports your case, such as text messages, emails, and any other documentation that proves your side of the story. Organize this evidence in a clear... View More

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was domestically assaulted while in NY by my ex. I am now back home in TN, can I make a police report in TN.
Anthony M. Avery
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answered on Aug 30, 2024

No... Subject matter jurisdiction will be the State where the crime occurred.

1 Answer | Asked in Criminal Law and Domestic Violence for Puerto Rico on
Q: How to press charges against someone in Puerto Rico

Girlfriend stole home safe with $34,000 in it. Police investigated, she did not show up for scheduled deposition and I was told to press charges. She then filed an order of protection against me in retaliation based on fabricated facts and got me evicted from my apt when she has her own place, by... View More

James L. Arrasmith
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answered on Sep 2, 2024

To press charges against someone in Puerto Rico, you need to go to your local police station or the nearest district attorney's office. Bring all relevant evidence, such as documentation showing ownership of the stolen items, any communication related to the theft, and the police report from... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have been served with a TRO. I know I have to respond to it. Can I respond by getting a TRO on him?

If I respond to his TRO and I get a TRO on him, would it be possible to just add the same things on both?

James L. Arrasmith
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answered on Aug 22, 2024

If you've been served with a Temporary Restraining Order (TRO), your first priority is to respond to it by the deadline given. You will need to attend the hearing and present your side of the story. It's important to follow all the instructions in the TRO until the court hears your case.... View More

1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Family Law and Domestic Violence for Minnesota on
Q: My ex filled a hro on me and she won't leave me alone keeps texting and calling me to get me to tlk

Talk to her she lied to get the hro on me saying I followed her and her child .but she has not had her son for 5 years she took and sold every thing in my home and I don't know what to do

Robert Kane
Robert Kane
answered on Aug 21, 2024

Your ex what? Wife? Girlfriend? Why can't you just block her? How did she take and sell everything in your home? So many questions. An attorney may evaluate your situation if you are planning on hiring one.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Georgia on
Q: What can someone do if they find out they could have pled nolo instead of guilty in an aggravated stalking case a year

This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Federal Crimes for Washington on
Q: I have a civil rights complaint; all my rights were violated for 30-years And a criminal complaint; what should I do?

I have filed the complaint with the judge

I am Pro Se

and there is AI inteference with my computers online connection

My president is Joe Biden and Trumps running for re-election?

What do I do?

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you are dealing with a complex and overwhelming situation. If your rights have been violated over such a long period and you've already filed a complaint with the judge, the next step is to ensure that your case is being properly addressed by the court. It's important to... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Carolina on
Q: Is it illegal for a spouse to place a tracking device on a vehicle that is marital property?

A vehicle purchased via loan by Spouse B during a marriage, with loan payments made from Spouse B's own account where their income is deposited (marital funds), titled in Spouse B's name only.

NCGS § 50-20(b)(1) classifies the vehicle as marital property, making Spouse A an owner... View More

Brian King
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answered on Aug 19, 2024

Parties who are considering tracking their spouses’ movements can refer to North Carolina General Statute §14-196.3(b)(5). This statute both defines the state’s understanding of an electronic device and notes that to install such a device, the installer must have their name on the affiliated... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Can the father of my children get child custody & support after he was abusive and abandoned all responsibilities/priori

He was breadwinner since I quit working after our daughter was diagnosed with type 1 diabetes I'm her primary care giver the whole time

Jennifer Setters
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answered on Aug 20, 2024

It's important to remember that every case is unique, and the outcome of any custody or support matter depends on various factors specific to your situation. While general principles can guide decisions, the specifics of your case, such as past behavior, the care you provide, and your... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a lawyer get a case thrown out if the details of the case are incorrect at first appearence?

Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 8, 2024

Act fast and try to nip this one in the bud!

Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I help with getting domestic violence charges dropped as the victim

My boyfriend and I got into a physical argument, he broke down the bathroom door and I bruised his shoulder. I contacted the police because I wanted the situation to be deescalated, we have never gotten into anything like this before. Obviously, he got charged with DV. We have a 2 month old at home... View More

Anthony M. Avery
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answered on Aug 13, 2024

DA is worse than some felonies, especially in Knox Co. Boyfriend needs an attorney. He should not plead guilty to DA under any circumstances except there is Diversion, Dismissal and Expungement. Period...

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Colorado on
Q: What are my rights if my husband continuously threatens to kick me out of a his friends trailer that we been in for 7mth

My husband and I were evicted 8 months ago and moved into his friends trailer with no water, no elec.and quietly living there can’t use address. My husband got a job making 20/hr and gives the guy $200 a month here lately. But now threatens to kick me out everyday. I would,but I’m shy have... View More

Cindy Perusse
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Cindy Perusse
answered on Sep 6, 2024

Husband can't kick you out of a place he doesn't own and even if he did own it, he can't make you leave your own residence without a court order.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Virginia on
Q: Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense?

Can I have a 18.2-57.2 charge deferred to 18.2-57.3 if it was first and only offense? Charge and conviction happened in 2009 and I’m looking to see if I can have it deferred pursuant of 18.2-57.3. Any clarification would be greatly appreciated.

David G. Parker
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answered on Aug 14, 2024

Unfortunately, the first offender statute only applies to a case before it's adjudicated. It sounds like you were convicted many years ago and so it is now too late to seek a deferral under 18.2-57.3.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Minnesota on
Q: Desperately needing help to contest an erroneous divorce judgment & pursue a domestic abuse case.

1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More

Robert Kane
Robert Kane
answered on Aug 9, 2024

Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More

1 Answer | Asked in Domestic Violence, Family Law, Personal Injury and Sexual Harassment for California on
Q: I recorded a call when me & an ex where abroad where he admitted to sexual abuse, can it be used in a CA investigation?

We were both living in country which allows for single party consent at the time of the recording and I'm looking to understand if it can be used as evidence for an investigation in California.

James L. Arrasmith
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answered on Aug 9, 2024

Using a recorded conversation as evidence in a California investigation can be complex. Since the recording was made in a country with single-party consent, it may be considered legal in that jurisdiction. However, California has its own laws regarding the use of recordings, particularly in cases... View More

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