Get free answers to your Domestic Violence legal questions from lawyers in your area.
ex wife tried to file a restraining order without any evidence of wrongdoing
answered on Feb 12, 2019
It appears that the judge denied her request for a restraining order, and signed an order so denying it. Then the order was recorded (so as to possibly constitute some sort of a lien on real property).
He filed an ex parte temporary child custody against my mom.
answered on Jan 24, 2019
She should retain a family law attorney in the location where the child custody case is pending.
answered on Jan 21, 2019
A restraining order is a civil (non-criminal) matter, and therefore will not have an arraignment. However, if you are asking if a restraining order or injunction can be dismissed at a hearing or after a hearing is held, then the answer is yes. Additionally, the injunction may be able to be... View More
I'm 70 years old, my wife is 50 years old. I found her in my room with another man but I went to jail not either my wife or the man with a machete in my bedroom
answered on Jan 7, 2019
Sounds like you need to repost this under Divorce, and criminal law. If you die, she will be entitled to 1/2 the home or a life estate if you are still married.
answered on Nov 24, 2018
The term of a "restraining order" (also known as an Order for Protection Against Violence) is set by the issuing judge. This can be extended or shortened by the court. Typically, any modification of the term of the order is done with notice to the victim/petitioner.
wedding..He brought mw here just to ruin my life..what shall I do. what are legal things i should do
answered on Nov 28, 2018
yes. You should file a petition under the VAWA act (Violence Against Women Act). Discuss your case with counsel here in Florida.
I broke up with my boyfriend recently. He had my home alarm system accessible from an app on his phone. He has my old code and recently changed my passcode to something of his liking. He tampered with it to where he armed my alarm and police showed up obviously because I didn’t have my code! Is... View More
answered on Nov 2, 2018
I would suggest changing your alarm code and contacting the company who you are billed through to notify them of the breach. I would also contact the nearest police department.
The people that filed it said I violated it. It’s been in and out of court. I’m scared. Never have been in trouble tillgruop started stuff
But my daughter health insurance is setup through my information and I have a injunction against my daughter father. Do I have to give him my insurance that I have for my daughter? Can he get his own?
answered on Oct 23, 2018
Your question is not clear. For him to pay half of the insurance premiums, he has to know where to send the money. Does the injunction somehow prevent that? And what do you mean "Do I have to give him my insurance …"? Are you asking if you have to give him the information regarding... View More
answered on Oct 23, 2018
The State has to prove in a domestic violence battery:
To prove the crime of Battery, the State must prove the following element beyond a reasonable doubt:
Give 1 or 2 as applicable.
1. [(Defendant) intentionally touched or struck (victim) against [his] [her] will.]... View More
answered on Oct 18, 2018
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in... View More
I plan on moving out of state to start a new life for myself, unfortunately my family cannot just up and leave their lives for mine so I figure I can do it myself. My mother is fine with my decision and conesents wholeheartedly. Can I move out at 17 with parental consent and without court... View More
My ex forced me to co sign a car loan. This was with threats. He never should me any of the paper work after I had signed nor have I seen the car. I’m now liable for the car because he obviously didn’t pay. Can I fight this with creditor I obviously would have this loan if I wasn’t forced to.
answered on Oct 16, 2018
The problem will be that the creditor didn't force you to co-sign. Unless you can prove that the creditor had knowledge of coercion, I don't think you would prevail.
answered on Oct 15, 2018
Just so you know , the word is "adjudication."
You cannot have it vacated. It is final.
You cannot seal nor expunge domestic violence convictions even with adjudication withheld.
Even if you would receive a pardon, you cannot get it sealed or expunged
Will the courts still consider that DV?
answered on Oct 15, 2018
Thank you for your question. Domestic Violence cases are handled two ways primarily in the judicial system: Criminal or Civil. If you are seeking to file an injunction against your wife the standard for the issuance of an injunction can be found under Fla. Stat. 741.28. Domestic violence means any... View More
answered on Oct 15, 2018
If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction... View More
answered on Oct 15, 2018
An injunction case is civil in nature and not criminal. You will not be issued a failure to appear. However, if you have received proper notice of the injunction hearing and you do not attend your hearing the court will have the hearing without you and hear the alleged victim's testimony. In... View More
answered on Sep 11, 2018
Typically VAR is Clerk's Office shorthand for Violation Arraignment. CM, I'm not so sure. I would recommend call a local attorney who is familiar with local custom.
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