answered on Jul 17, 2022
The answer depends on the conditions of your probation. That being said if your restraining order came with a criminal charge which they commonly do then its a good chance you would be violating your conditions of probation. Now that i have said this only your attorney or you know your... View More 
Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... View More
answered on Jul 12, 2022
Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... View More
Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... View More
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answered on Jul 3, 2022
Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... View More
My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... View More
answered on Jun 20, 2022
He needs an attorney. When police observe signs of physical injury they must make an arrest. Your statement may be seen as the result of pressure from the husband. An attorney will know the correct way to pursue dismissal. Get him an attorney.
The house is in my name only
answered on Jun 9, 2022
You need to meet with a family law attorney experienced in handling domestic violence matters. In the complaint ( which presumably was served on you by the police), on page 1, it will have the allegations made by your wife to get the temporary restraining order and the dates for each item. I dont... View More
My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... View More
answered on May 31, 2022
Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... View More
answered on May 11, 2022
If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if... View More
Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?
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answered on Apr 24, 2022
The focus in a Domestic Violence Trial, for a Final Restraining Order is very narrow. If the Court decides that you are entitled to an FRO, then you could be entitled to full and exclusive possession of the former marital residence. You and your children do not have to be the ones to leave. So you... View More
answered on Apr 20, 2022
I am guessing that you have a domestic violence restraining order (temporary or permanent) and you reported a violation of that order to the local police, who took a report. Presuming that I am correct, the next step is for you to follow up with the local police to find out whether they... View More
On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... View More
answered on Apr 20, 2022
If you have been charged with violating the restraining order, the arrest is automatic and nearly instantaneous. If that occurs you will be well served to have a lawyer who deals with both Criminal/ and FRO hearings. The violation is criminal and can require jail and prohibition against owning... View More
The police said I would have to talk to the prosecutor when we go to court. I’m worried that my husband will go to jail.
answered on Mar 11, 2022
The best thing to do is to make sure both of you hire good lawyers to give him the best chance of getting the charges dismissed.
I need a domestic violence prosecuter not domestic lawyer
answered on Feb 28, 2022
For domestic violence complaint purposes, It is not uncommon for the person filing the domestic violence complaint to have a lawyer represent her in connection with the preparation of the complaint and to represent her in connection with the trial. Our office handles that type of setting on a... View More
I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... View More
answered on Mar 4, 2022
Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... View More
My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... View More
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answered on Jan 10, 2022
Your question is not one that is easily resolved. You really need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. This could have grave consequences and should not be taken for granted. During this pandemic, you have... View More
If a 16 year old's mom gives permission for them to move into their grandparents house, but their father doesn't, do they need both parents permission, or can they move out with only their moms permission.
answered on Dec 9, 2021
As a parent, your question troubles me and the short answer is that there is no good answer to this question. I presume that you are having trouble with one or both of your parents and you are looking for space away from your current home setting. Presuming im correct, the 1st question is what the... View More
someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... View More
answered on Oct 23, 2021
The answer depends on many factors, but yes it may be able to be used against you. I suggest that you speak with a lawyer as we don't know all the details of your confession or case to properly advise you.
control me. Is this considered domestic abuse in NJ?
answered on Sep 16, 2021
If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... View More
There is a active TRO on the father.
answered on Sep 14, 2021
At the minimum it is a criminal offence of harassment. Report this conduct to the police.
It’s a domestic violence case against the state
answered on Aug 2, 2021
People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... View More
Prosecutor wants me to plea to 1 year probation, dna submission, mental and substance abuse evaluation, a fine, unable to bear arms or leave state during time of probation. My child’s father lied and was granted TRO giving him immediate temp custody of daughter. Before FRO hearing my child’s... View More
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answered on Jul 4, 2021
Unfortunately, you get what you paid for. The simple fact is you had an TRO in place, and violated it. I realize this does seem like a harsh punishment, but no one here knows the facts of your case. I strongly suggest that you find the money one way or another for an experienced criminal defense... View More
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