Get free answers to your Domestic Violence legal questions from lawyers in your area.
My husband who is on adult felony probation attacked me for the first time ever in March 2022. He nearly beat me to death. He was on probation then and was arrested with new charges of Aggravated Assault and False Imprisonment. Because I truly thought that he had a mental health break which led to... View More

answered on Feb 7, 2025
It would be very difficult, if not impossible, to expose a State actor to civil liability in this scenario.
State Actors have substantial immunities attached to their work and as this case involves an under sentence violent felon with know criminal tendencies choosing to continue to... View More
He has a very small minor criminal background. No felonies. Do you think he could get an offer of probation for all his pending charges? Also he's been in jail for 90 days with no bond. When will he get a bond?

answered on Jan 22, 2025
Well, there are a few things to unpack there.
Procedurally after 90 days of pretrial incarceration he should be indicted or bond needs to be set, as much as the courts ignore the law regularly. His lawyer should be pitching a fit.
THAT BEING SAID, these kinds of DV charges are... View More
My bf was arrested after cops told us "eight people seen him pull my hair and was willing to write statements" however is was pitch Black and honestly did not pull my hair or touch me in any way he is charged with simple battery at the moment but does say charges pending and they said... View More

answered on Jan 19, 2025
Commonly putative victims want to clarify the reported details of their incident, and unfortunately that comes with a load of consequences. The State can and WILL use any clarification as alleged evidence of abuse and control, and try to substitute their judgement for the witness's.... View More

answered on Jan 22, 2025
You have LOADS of impact on the case, although the final call to prosecute or not is solely the State's.
At the same time, your participation (if you are central to the case) may be necessary for the State to move forward and you have the freedom to cooperate or not. If you refuse to... View More
What should I do

answered on Jan 12, 2025
First stop is to talk with a qualified lawyer so you can explore your options as a putative victim who may have also acted in a criminally improper manner. A defense attorney must keep your conversation CONFIDENTIAL, and that is how you will be able to find the best pathway. I cant recommend... View More
I did deny her when she asked to come inside and speak with me. I told her that I was more than willing to cooperate but I just had gotten off and would like for her come back the next day when I got off at 5.

answered on Jan 12, 2025
You are absolutely within your rights to refuse entry, absent a court order, but you need to be prepared to mitigate their conclusions as well as facilitate an inspection.
I STRONGLY advise you to communicate with them through an attorney, or at a minimum with witnesses and video, and... View More

answered on Jan 12, 2025
If the defendant has a lawyer, try to facilitate with them as it sounds like a simple bond modification is what you need and they will be able to file for it.
If you want to go ahead by yourself, you can petition the court independent of the case for a bond modification, but that is very... View More
The defendant (who has control of assets) is being represented by a GA legislator who has delayed this action for 3.5 - 4 years using his inability to work on divorce action because of his legislative duties each year.

answered on Nov 8, 2024
There is no such thing as a right to a speedy trial in a divorce case. You can just ask the court to set the case during a time the legislature is not in session.
He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.

answered on Nov 7, 2024
I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.
I've been cyber harassed fir for over a year now. They can forward my calls to them. Alter Google searches. Change feed on any website like Google discovery, youtube, music, etc. They listen thru phone and make fun of me.

answered on Oct 29, 2024
In Georgia, you do not have any expectation of privacy from the person you are speaking to on a telephone. That means that if that person wanted to tell someone else what you said, or even record the call, it would be legal in this state and probably admissible in court.
case # begins PRE- open(pending) Would it be listed as prefile?

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.
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

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

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
I filed for a protection order that is in place. Since then I have not felt safe with my surroundings. I have been messaged to have tabs kept on me. I see online defamation of my name and I am being called many things untrue. I only have ever created and provided safe space for myself and kids. My... View More

answered on Sep 22, 2024
You will have to gather the funds to hire an attorney, if you cannot obtain legal aide. As for the legitimation action, the court will decide what, if anything to award the father in that case, and you will have the opportunity to provide evidence and testimony to the court regarding what you... View More
Also, if they start hanging out together again what could happen? Could both be in trouble or just the one with the RO? Can they go together to get the RO removed?

answered on Sep 10, 2024
In all states, the person who the order subjects to restrictions must abide by the order until the order is changed or dismissed by a Court. The petitioner has NO RIGHT or ability to amend, suspend, cancel or dismiss a Court Order, only Courts can do that.
The change in circumstance is... View More
Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1

answered on Aug 29, 2024
There is no statewide or statutory role that people get two for one credit at a local jail. What does that happens is entirely up to the sheriff's department. You can always call the jail and ask them what their policy is, but it is unlikely that they will commit themselves by telling you... View More
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.

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
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

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... View More
We are going through a divorce now. She is trying to say that I was the aggressor. The deputies even took pictures. When she bite me now the sheriff's office says there is no record of it.

answered on Jul 3, 2024
If you called the police there is typically a police report, whether charges were pressed or not. If there is no report for some odd reason, unfortunately, you will not have any proof to submit in Court. I would urge you to hire an attorney to represent you in this divorce so they can gather the... View More
My husband's ex wife filed a stalking complaint against me. She was granted a tpo.
This was filed on 5/14/2024. My hearing isn't until 6/20/2024. I have filed a motion to dismiss on the grounds that I am not receiving a full hearing within 30 days. The judge's assistant... View More

answered on Jun 14, 2024
If a judge says you have to appear then you have to appear. And I believe your motion to dismiss is going to be denied as well.
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.