Lawyers, Answer Questions  & Get Points Log In
Alabama Domestic Violence Questions & Answers
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 which led me to... 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 try to... 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 tell the court the... 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.

1 Answer | Asked in Domestic Violence for Alabama on
Q: How do I aid in getting a Domestic Violence 2nd Degree charged dropped or dismissed in Alabama?

My husband was recently charged with this crime without me giving a statement to the officers stating that I was choked by him which I wasn't. We had recently about 3 hours prior to the officers coming out got into a shirt pulling arm grabbing confrontation which I initiated. He tried to leave and... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 21, 2017

This is a set of facts which the Court will sort out. It is not up to you to drop charges or some such. He is going to trial. He needs to get a criminal defense attorney and he needs to get one right now.

1 Answer | Asked in Divorce and Domestic Violence for Alabama on
Q: I've been married 4.5 years in Tuscaloosa Alabama with no children together can I leave before I file ?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 28, 2017

You can. If you stay gone for 6 months with no support for her and no intention of returning abandonment may be a ground for divorce.

2 Answers | Asked in Domestic Violence for Alabama on
Q: Can my brother be sentenced to jail for a domestic violence accusation from his wife. He already has a felony.

He and his wife live in Alabama and had an arguement and as he tried to leave the house she jumped on his back trying to stop him. In the process she had a scratch. He told her he wanted to leave and she called the police and accused him of hitting her. She has a pattern of calling the police... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2017

a question like this is factually based.

a lawyer would need more info...............

theoretically he could go into custody even without the prior record..........the issue then would be how much time.

View More Answers

1 Answer | Asked in Domestic Violence for Alabama on
Q: I filed an arrest warrant DV class 3 over 3 months ago. He still hasn’t been arrested. What is the hold up?

I filed through the Magistrate and I know it was legitimized because she signed and stamped it right in front of me. He is a first responder.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 9, 2017

No idea. I would ask the agency with whom you filed the report.

1 Answer | Asked in Domestic Violence for Alabama on
Q: Got charged with domestic violence 3rd. Gf didn't want to press charges. What should we do.

They told her they were gonna just charge me with public intoxication, but they charged me with domestic violence 3rd. She still doesn't want to press any charges. What should we do and what should I expect if the charges aren't dropped. This is the only domestic violence charge I've ever had.... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 8, 2017

Your girlfriend does not get to decide if you will be charged or not, nor is it her option to decide to "drop the charges" DO NOT plead guilty to this without good legal advice. Get a lawyer to represent you in court. If you don't have the money to hire a lawyer, ask the Court to appoint a lawyer... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Alabama on
Q: I am the victim of a domestic violence case. why did I have to go to jail when I pressed charges on him?

I need to know if I can use this court date to get full custody of my son. He has our son right now because he is going to school in a different county from where I had to relocate ( to stay with my parents). I just want my child and I never want to have to come in contact with his father again, if... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 3, 2017

You need to hire a lawyer to defend you in this matter. You went to jail because the police officers believed you committed the offense. That's why you were charged. DO NOT simply plead guilty to Domestic Violence. Get an attorney on this one.

2 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: In Alabama can two people be charged for domestic violence by strangulation a month apart for the same incident?

My son was arrested for domestic violence by strangulation in alabama, when he went back a month later trying to file charges on his wife for domestic violence by strangulation the sheriff's deputy refused to write a report even though he had proof and they knew she was guilty because she had... Read more »

Samuel G McKerall
Samuel G McKerall answered on Nov 3, 2017

Some judges, Clerks and law enforcement offices read the law as though it prohibits a person from filing a retaliatory domestic violence case. Others do not. There is a difference of opinion, and I don't know whether one of our appellate courts has answered the question. It is my opinion this... Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex is a minor & my mom charged him for dv because of an incident that happened, what can happen to him if he's guilty

As i think about it i feel like i just overreacted. As a minor am I allowed to get the charges dropped even though my parents are the ones who filed it.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 28, 2017

No. You don't get to "drop the charges." He is charged with a crime because of what he did. You are only a witness. The fact that you are a minor has nothing to do with it.

1 Answer | Asked in Domestic Violence for Alabama on
Q: How can I settle a domestic violence 3rd this case is from 2009 Montgomery AL .

I have tried completing these classes over a number of different times .

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 24, 2017

You need to contact a criminal defense lawyer in Montgomery who can get all of the details about your case and how it stands. This can get pretty complicated, moreso when you failed to complete a part of your probation. Call someone right now and get this done!

1 Answer | Asked in Domestic Violence for Alabama on
Q: My child's father was arrested for dv what happens if i don't show up for court?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 24, 2017

First, if he abused you, you are making a big mistake in hinder his prosecution. Second, a case may be made against him if you show up or not depending on statements made by you or him or based on officer observations. There could also be other witnesses to what happened. You need to go get some... Read more »

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex-husband went to prison for a domestic violence case against me. I got a pfa against him

And He was told to not contact me at all but he wrote back. Will he be in trouble even if I wrote him back?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 21, 2017

If the no contact order applies to you (you will have to read the order to find out) then you can't write him. You should report to the Court that he has contacted you in violation of the order. THis person has beaten you badly enough to go to prison and you want to write to him? You should go get... Read more »

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.