The defendant admitted in text message saying it was 100% his fault. I also have text message proof of his wife saying he admitted everything 100% and he said he didn't know what came over him. He has a pretrial and trial in August. I really hope it doesn't go to trial. Do you think any... Read more »
I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »
He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... Read more »
It's been over 30 days.. is there a way to expedite this divorce?
Divorce hearings are set generally once the clerk receives proof of service. The opposing party has 28 days to file an answer and can file a counterclaim and/or other motions. When parties are not seeing any hearing date and it has been a reasonable time for the clerk to process the proof of... Read more »
If you are subpoenaed, you must appear to testify. If you do not, a material witness warrant can be issued and you can be arrested and brought before the court to testify.
We were never married
Pursuant to Ohio Revised Code 3109.042 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. Another party would... Read more »
My mother and step dad have been going into her room and smashing her things she is 19 but she is mentally disabled no one in the family is well off enough to take her would she be allowed to record her room to be able to see what he does to her things when she's gone as proof of vandalism?
There is no law against putting in a camera. But parents could remove it. Any mental or physical abuse should be reported. A family member could apply to become her legal guardian and then apply for available benefits to find her another living arrangement.
The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... Read more »
Better I never intended for any of this we've been married for a long time and he takes care of our family I need to get him out of jail out of trouble and back to work
In Ohio, whether or not the State proceeds with DV charges is up to the prosecutor. It is not up to the victim. Your husband should consult with a criminal defense attorney.
I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »
If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... Read more »
You’re not. As the victim you have the right to say or not say whatever you want concerning sentence.
There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's... Read more »
You can let the prosecutor know and he or she may feel there is a conflict of interest depending upon the nature of the prior representation.
I was arrested over the weekend for a M1 charge and a F3 charge in ohio. Went before the judge Monday. He set bail, but released me without me paying it. I have a preliminary for the F3, and a pre trial for the M1 on Thursday. I am going to court then no matter what, but I am not sure what to... Read more »
As long as you keep showing up for court and stay out of trouble, it is extremely unlikely you will be rearrested or have any changes made to your bond. You really ought to get an attorney to help you with this. An F3 is no joke.
If you cannot afford an attorney, you can ask the court to appoint one. Happens all the time.
She then was blocking me from getting a hoodie out of my room so I tried to move her out of the way. She was so inebriated that she tripped and fell and hit her forehead on the door jamb and got a black eye. My wife called the police on her because it was not safe to have our one year old son... Read more »
Prosecutors are loath to drop domestic violence cases simply because the victim’s story changes. That happens all the time. It sound like there may be at least one somewhat independent witness in your wife. You should work with a lawyer to present your defense.
But I am wanting the charges to be dropped, what are the chances of that happening and how can I go about it without getting myself into trouble?
All you can really do at this point is tell the prosecutor you are not interested in pursuing charges. They may drop it. They may not. It may take a very long time.
I can no longer afford legal representation at the current time. I had to let my attorney go last week. Having a Deposition ASAP is in my best interest. Without counsel, I could use guidance on where to begin and how to best proceed.
The Ohio Rules of Civil Procedure are the place to begin. See the link below:
https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf
Depending on where you are, I would check to see if there are any local rules which pertain to the manner in which... Read more »
I was charged with domestic battery in July 2020 which I pleaded guilty to. I was given a 1 year probation. What are my chances of becoming a US citizen in the Future. Thanks
Without professional help, very little. You need to talk to a lawyer.
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.
