Get free answers to your Domestic Violence legal questions from lawyers in your area.
My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.
She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.
I forgive her for her... View More 
answered on Jul 13, 2020
It lasts until either the court issues a final order or dismisses the case. Thus you will have to wait until your day in court. I suggest she hires a lawyer to give her the best chance of a dismissal.
I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... View More
answered on Jul 8, 2020
A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.
She lives in NYC I live in NJ. I haven't seen her in 9 months.
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answered on Jul 2, 2020
You are going to need to retain a NY matrimonial attorney, with extensive domestic violence trial experience, if these complaints are filed in NY, but if they are being filed in NJ, then you need a NJ attorney. Your question has omitted a significant amount of facts, which would be necessary to... View More
I currently work with the public.. Can my job let me go because of this?
answered on Jun 26, 2020
A domestic violence final restraining order was entered against you 5 years ago by default since you failed to appear at the hearing and you want to know if you can now move before the court to set it aside and have a trial on the merits of the claims. The answer is that it is possible, but it will... View More
My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... View More
answered on May 5, 2020
Generally most people are charged at the scene. However more and more many people are receiving a criminal complaint by mail and this can take 1 to 5 years before the statute of limitations would run. If you get a complaint in the mail immediately hire a good criminal lawyer
He is refusing to leave and it's getting pretty violent and it's not a peaceful household. He's been living here since November 1st, paying half of the rent. He did not pay for the month of May yet.
answered on Apr 22, 2020
While there is a moratorium on evictions, it sounds like there is domestic violence potentially at play. You may be able to obtain a temporary restraining order which would require his removal at least temporarily.
Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... View More
answered on Apr 6, 2020
The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont... View More
He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues... View More
answered on Apr 4, 2020
It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... View More
I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... View More
answered on Mar 21, 2020
Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.
answered on Mar 18, 2020
I am assuming you are saying that you have a TRO and he still calls and now is wanted for a violation. I am not sure what your question is.
how could i get arrested for simple assault and a case versus the state when there is no physical evidence of any violence committed or potential threatening violence/harm, and the “victim” specifically says they aren't a victim of anything to the cop repeatedly. Also, the cops proceeded... View More
answered on Mar 2, 2020
It doesn't sound like it was proper however we would need to see the police report in regards to this matter to tell you whether it was proper or not
I wasn’t arrested on the spot. A sheriff called and told me I had a summons for a date in April. Could I get arrested or let off with a warning?
answered on Mar 1, 2020
If a charge has been issued then you have been “arrested”. Fortunately you are being processed on summons and not warrant which would require processing at the jail. You are facing a matter which on first offense could possibly lead to probation but the criminal record is a problem plus it... View More
This is the first time I violated. I was messaged from an account that didn’t identify him as himself. Once I realized it was him we argued and then he called the cops. I have a summons for court on April. Should I expect jail time?
answered on Mar 1, 2020
You could certainly get jail up to 18 months in general, but a good lawyer should be able to help you stay out of jail, especially if this is a first offense. Set up one of the free in office consultations that most of us criminal lawyers offer.
He go to court tomorrow what can i do will he come home in a OR i need answer i need a lawyer
answered on Feb 17, 2020
A lawyer can definitely help him, but you need to take the first step and hire one of us to defend him. If you cannot afford a lawyer a public defender will be appointed for him, but don't expect them to give any priority to his case as most are snowed in with cases.
I have supported myself and our kids the past year. Is any money I make and get back from tax returns considered marital assets?
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answered on Feb 14, 2020
You are asking for an answer to a question, that is in effect in a vacuum. You really need to retain an experienced matrimonial attorney and file for divorce. NJ has no such thing as legal separation.
Aggravated Assault first degree Felony.
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answered on Jan 13, 2020
You committed a very serious violent crime. No employer is going to want to take the risks associated with your employment. You really need to take actions to prove that you have or are in the process of rehabilitating yourself.
Police, emt's, prosecutor that it was an accident and they still want to press charges. Lowest charge from a level 3 to level 2 felony. I have no arrest history or traffic violation, nor domestic violence charges. In the midst of all of this chaos, I lost my mom on Nov. 18th of last year right... View More
answered on Jan 3, 2020
You need to retain a private criminal defense lawyer, particularly one who is experienced with domestic violence matters. Prosecutors are very reluctant to dismiss a DV case due to fear of being accused as soft on DV. A second degree charge involves a presumption of incarceration for 5+ years.... View More
I have tried for 10 days to find pro bono representation, no success. The judge will be angry if I dont have a lawyer. Will I lose bc of this?
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answered on Jan 1, 2020
If you are facing having a Final Restraining Order entered against you, realistically (especially if the other party has an attorney) trying to represent yourself will be a grave mistake! (Figuratively speaking). Since you obviously did not qualify for a Pro Bono attorney, you really need to ask... View More
I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what... View More
He’s been there on the county jail since oct 2nd, how long will case take ?
answered on Dec 16, 2019
Much more information would need to be known to answer your question.
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