Lawyers, Answer Questions  & Get Points Log In
Alabama Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Alabama on
Q: I had to call the cops on my exspouce for domestic violence dhr wants to meet for a investigation what's that consis of

The violence was not with my son but i was holding him when i got hit ..my son was not harmed in any way.im no longer with him and moved out

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 7, 2018

DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.

1 Answer | Asked in Criminal Law, Divorce, Civil Rights and Domestic Violence for Alabama on
Q: Hello, I am 75 years old, I have filed for divorce in Florida, we live with our son in Alabama,

Last night she called the police because I asked her to pay the bills on the 4th of next month, the police came and asked me to leave, I am a senior disabled handicapped male with 8 back surgeries and an Cardiac stent.

I see no reason for this type of treatment by the police, I had to leave... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 28, 2018

I am an Alabama Lawyer. I don't handle Fla. divorces

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex husband used physical, financial, and psychological abuse which I’d like to report after two months of being

divorced I am no longer scared of him. Is it too late to report?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 8, 2018

If you are divorced, you are too late. You should have raised those issues at trial.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My grandfather instigated an altercation with me, then proceeded to call 911 and have me arrested for domestic violence.

in the 3rd degree after he threatened to kill me. What would be the best way to get these charges dropped and FILE criminal charges against him for false accusing me as well as the threat against my life. I do not need this stain on my record, have never been arrested beforehand, and have never had... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 19, 2018

I assume this is an Alabama issue. THe police arrested you because they believed there was probable cause that you were the guilty party. Hire a criminal defense attorney and listen to what he or she tells you. DO NOT attempt to defend this yourself. GO see a lawyer.

1 Answer | Asked in Domestic Violence for Alabama on
Q: Can someone please help!! I was arrested for Domestic Violence 3rd degree. Is there any way I can have this removed?

I got into an altercation with my ex at his home. I made the 911 call to police. When the arrived they did not question me other than asking me if I had been drinking. After speaking to my ex ( I overheard him say we hadn't spoken in 6 months which is a lie) they told me to turn around and... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 21, 2018

Ask for an appointed lawyer in the criminal matter. Defend the criminal case. GO to the court where the charges are filed and file an affidavit of hardship and ask them to appoint a lawyer to you.

2 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Alabama on
Q: We are separated, my husband has our son with him that is 15yrs old. He won't let me pick him up to see him.

So what can I do until I can get a attorney

to be able to have time with my son. Plus he wont let him go to FL on vacation to see my family and my son told me he wants to go. How do i go about havijg rights over someone who is manipulating and acts like a narcissist?

Michael L Capleone
Michael L Capleone answered on Jun 12, 2018

You need to get a court order, without one in place it will be obviously very difficult dealing with the circumstances. Without an order of the court, you both have equal rights to the child; With no visitation or custody schedule in writing.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I got into a verbal argument with my brother and was taken in, DV3rd. No evidence was gathered and it’s a first offense.

My brother and I got into a verbal argument at our parents home, the only physical contact was us being pushed away from each other. I was taken in for domestic violence in the 3rd. This is the first time I’ve ever been arrested, I’m 22, have a family and a career. I’m going to plead not... Read more »

Kristine Jones
Kristine Jones answered on May 8, 2018

You should contact a criminal law attorney to make sure it's handled properly to not adversely impact your future. Best of luck!

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.

Me and my ex wife plead guilty to a misdemeanor domestic violence charge back in 2012. We were both pretty scared since neither had been in trouble with the law before and plead guilty during the hearing in the belief that it would make things easier on the court and therefore us. I was not aware... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 17, 2018

This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.

Your YO status is long gone.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex has been gone for 6 months but he comes and breaks into my home, breaks Windows and physical abuse? What can I do?

Officer said this is not domestic violence b/c he's been gone from my home for 6 months. Is this true?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 10, 2018

You didn't say. where you married to him? Did you divorce him? Answer those questions please

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I am in Birmingham, AL. how long do I have to file complaints for charges against domestic violence?
Bill Powers
Bill Powers answered on Apr 9, 2018

Thanks for the inquiry. Normally DV complaints are filed as soon as possible after an incident.

bill

1 Answer | Asked in Family Law and Domestic Violence for Alabama on
Q: My husband has locked me out of our house. We both have a PFA, I need to get in the house. In Alabama, how do I get in?

There is also a DHR case against him.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 18, 2018

You get in the house, by getting in front of a judge.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My husband was arrested for domestic violence against our 8 year old son, but was falsely accused by someone else.

Neither me nor our son was harmed in any way, We weren't victims of any sort. What should we do?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 26, 2018

Your husband should hire an attorney. He should go to Court. He should be aware of his 5th amendment right to not testify

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I have been charged with dv 3 by my children father but we both had injures but they said his injuries were worse.

We both have a pfa in order & we have 2 small daughters ages 2 & 1. How can I get full custody of my daughters?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 20, 2018

The State of Alabama has charged you with DV 3rd. not your husband. You need to get some legal advice right now. If you are convicted of DV3 a presumption will be raised that you are not a fit person to have custody of children. Who bloodied who worse is a police matter. You better concentrate on... Read more »

1 Answer | Asked in Domestic Violence for Alabama on
Q: I'm 19 with DV3 and possession of a altered firearm. I was suicidal that night and did physically hurt her?

I'm 19 and have dv3 and possession of a altered firearm. I've had past issues with depression and was discharged from the army for it. I've been seeking help since I got home. The night it happened she came home and flipped out that I had it and then started talking down upon me... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 20, 2018

You need to go to court represented by an attorney. THis is serious, both for your welfare and you risk of conviction. If you can't afford an attorney make sure you ask the personnel in the Court to give you a hardship affidavit so you can ask the Court to appoint an attorney for you. DO NOT... Read more »

1 Answer | Asked in Domestic Violence for Alabama on
Q: If I’m the plaintiff and I filed a restraining order, if I do not show up for the follow up court date will it be lifted
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 18, 2018

No necessarily. I would bet that your question really is this: "I filed for a PFA, and now I have changed my mind and don't want one, because we have made up. If I just don't show up, with the PFA be dismissed?" That is not a smart move on your part. You should go to court and... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: A few months ago I got my wife on video punching me and kicking me while I was on the floor. Type 3 misdemeanor?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 5, 2018

Yes, if you want to go and ask a Magistrate to swear out a complaint. You will be asked why you've waited a "few months" --- probably to hold it over her head?

1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Alabama on
Q: My husband and I are getting divorced. Can he get custody of a child that has not been born if he does not sign the BC?

We have a two year old that he willingly signed the birth certificate to. I know we will have a custody set in place for her. He does not wish to sign the birth certificate of our second child who is due to be born in June. If we get divorced before the baby is born will he still have custodial... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 4, 2018

These are all issues that will be addressed at your divorce trial. You can't "unmake" him the father of the current or expected child. It is a matter for trial of the divorce.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My boyfriend was wrongfully arrested for domestic violence. How do I get charges dismissed?

I told the arresting officers he never hit, punched or even pushed me. He would never but they arrested him anyway. How do I get these charges dropped.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 8, 2018

There was some basis for the arrest other than your statements. The officers saw marks on you, or had some other basis for the arrest. The important thing for you to understand is that this is out of your hands. Who called the police? Why? What was going on? If your boyfriend is falsely accused,... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Alabama on
Q: My Ex husband went to jail for DV 3rd against his new wife do I have to show up for his visitation?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jan 4, 2018

You must follow the order of the court concerning the visitation. If you believe that the child is in danger because of this, then you must go to the court which issued the visitation order and ask that the visitation be suspended.

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.