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Alabama Domestic Violence Questions & Answers
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... Read more »

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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... Read more »

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex-bf has a DV charge and bond has no contact order. How can I get him to have someone get his things from my house?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 20, 2017

You can have some third party -- NOT HIM -- come pick the stuff up from your house. DO NOT contact him with this. Have the third party arrange it and have his stuff piled up for some third party to come pick up.

2 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: I got 2 prior DV3rd in fla. I go to court in Alabama and scared they going to revoke bond cause I missed 2nd court date

My bondsman new I work all over the USA and a warrant had been issued. My bondsman wants me to come met him at office and get me in front of judge and ple out. If I go and plea notguilty, im scared my bond going to b revoked. If I plea guilty this will b the num 3. Witch makes it a felony. What do... Read more »

Brian Joseph Lockwood
Brian Joseph Lockwood answered on Oct 16, 2017

You need to appear in court with an attorney, not a bondsman. At a minimum, you should consult with an attorney immediately. Ideally, find someone in the county where you have Court.

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1 Answer | Asked in Domestic Violence for Alabama on
Q: My husband is in jail for domestic violence. Its a felony class 3 i think. I dont want to press charges.

Will the city press charges? If so what am i able to do to not let them send my husband to jail?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Oct 15, 2017

Crimes are against the City or state, not against you personally. It is not within your power to tell the city not to prosecute. If you are not the only witness, or if he made statements admitting what he did (which is darn serious to warrant felony domestic violence) he is going to trial on this.

2 Answers | Asked in Domestic Violence for Alabama on
Q: Can you go to jail for domestic violence for taking your wife clothes out of closet and putting them on bed

And taking pictures off of wall and putting them in boxes

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

Maybe. It depends on the facts.

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1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can a DV3 harassment be expunged?

Last time I gave all kinds of information about the case and it deleted my question for "violating the terms of use"? So I'll just ask it as plainly as I possibly can.

PS this conviction came from Shelby county (unfortunately).

My gf and I have reconciled and are still together.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 26, 2017

Not if you were convicted.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: What can I do if someone was charged with Domestic violence 3rd but never caused any harm.

The woman had another man in their home. Which both of their names are on the lease to live there. He came home to another man in his bedroom. But was charged with dv the 3rd for telling the guy to get out his home. Nobody was hurt. No weapon was involved. No paper was given to me or anything.

Samuel G McKerall
Samuel G McKerall answered on Aug 20, 2017

This question cannot be meaningfully answered because of insufficient information. You state that the the defendant was charged with domestic violence 3rd for telling the guy to get out of his home.

The following is Alabama's law defining domestic violence in the 3rd degree:...
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1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can a report charge be changed before an arrest is made?

My kids mom filed a report on me and it was written up as burglary cause I broke a door in my home that I own where she was staying. She also told them I pulled her hair and she wanted it written up as DV but they told her that there was not enough evidence to write it up as domestic violence. I... Read more »

Samuel G McKerall
Samuel G McKerall answered on May 26, 2017

The answer to the question you asked is yes, the report can be amended after its in the system. That's commonly done with the charging process at all levels. As the officers gain more insight into the situation, they are not only free they are obligated to amend the charge to whatever is... Read more »

1 Answer | Asked in Constitutional Law, Criminal Law, Domestic Violence and Real Estate Law for Alabama on
Q: If a restraining order is placed on me by my GF and I have to leave our house am I entitled to my clothes in the house

She moved out in February but I was just served with the warrent yesterday for domestic abuse I was arrested then got out today and the cops said I can't get my clothes out of my house and made me leave I don't want the house I'm surrendering the loan to the bank tomorrow but I just... Read more »

Samuel G McKerall
Samuel G McKerall answered on Apr 4, 2017

You leave out important facts, like what the PFA warrant accuses you of having done. Appear in court on the date and time stated on the warrant. You have to do this regardless of what you "just want". If you don't appear you will be arrested again and will probably not be allowed... Read more »

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Alabama on
Q: Im in the military and stations in NC but my hometown is in Alabama.

my vehicle is still registered in AL as well. do I still have the chance to file for divorce in AL?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 1, 2016

Depends on Alabama law. If you OR your spouse have resided in NC for at least 6 months and you have been separated for at least one year, you are likely eligible to file here in NC and it would likely be much less expensive. Our firm handles uncontested divorces for a total of $395 which often... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Domestic Violence for Alabama on
Q: Can I drop DV charges against my Ex if it has been over 2 year w/o an arrest?

It's been over 2 years but less than 3 years that I filed a police report for domestic violence against my ex. He was never arrested and I have never been updated on the case staus as far as if he's going to jail or what. I do know that they were looking for him bc they showed his picture... Read more »

Joseph A. Ingram
Joseph A. Ingram answered on Jul 1, 2016

The best way is just not show up for court and the DA will have to dismiss the case for lack of prosecution

1 Answer | Asked in Family Law and Domestic Violence for Alabama on
Q: My grandson has been hit with a belt by his mother's boyfriend. It left multiple bruises.

What can be done about this? We have tried to talk to the mother and now are not allowed to see the child

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 16, 2016

If you have concerns that the child is the subject of abuse or neglect you should call the Department of Human REsources. If you believe you can prove what you have said here, you can file a private custody action saying the child is the subject of abuse or neglect and that he should be found to be... Read more »

1 Answer | Asked in Domestic Violence, Personal Injury and Libel & Slander for Alabama on
Q: My soon to be ex wife came home drunk from work. She verbally and physically abused me. I videod the entire incident

I filed a police report and she has been charged with domestic assault. The same night she kicked my 2 girls, ages 19 months and 5 years old out of the house with nowhere to go. I had to miss work for 4 days because she changed the locks and would not let us get any clothes, personal effects,... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 14, 2016

The short answer is maybe, but the wise answer is that it is not worth the trouble. You have got to get into Court with all of this and get custody of the children (I am assuming the children are not yours alone, but yours and hers) If you had gotten into Court immediately on this you would be in... Read more »

1 Answer | Asked in Domestic Violence for Alabama on
Q: Can I go to jail for not going to court in Alabama.

I'm a victim of domestic violence and someone told me that I have to go to court I have no way to get there or back home.

Robert Jason De Groot
Robert Jason De Groot answered on Oct 10, 2015

Yes, you might get held in contempt of court for not going to court. You have to call the prosecutor's office to find out more.

1 Answer | Asked in Domestic Violence for Alabama on
Q: Should I miss court or talk to victim advocate to get dv case dropped against ex I have mental issues.

I am medicated for mental illness and was off meds and my ex and I had argument and I filed warrant on him. I am on meds now and we split and I am in therapy through ministry how do I ensure charges be dropped on him should I miss court or talk to da or victim advocate. I've done this to him... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 30, 2015

A local criminal defense lawyer can advise. There may be local victim's advocate resources as well.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
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