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Alabama Domestic Violence Questions & Answers
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... View 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... View 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... View 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... View 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 Johnson
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Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

Joseph A. Ingram
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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... View 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,... View 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... View 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... View 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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1 Answer | Asked in Domestic Violence for Alabama on
Q: I was charged domestic violence 3rd ordered to take classes and didn't whats going to happen
Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 25, 2015

You probably pleaded guilty and have received some sort of pre-trial diversion or other withheld adjudication program. You were required to take classes, but ignored that court order. At best, your probation will be extended if you immediately start the classes (I suggest you start them before you... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: Was charged w/ Dom Viol 3rd but settled on reduced charge 'Harassment' $100 fine.Is it still misdemeanor?can be expnged?

There was no jail time prescribed. Fine was $100 plus anther $137 court fee. This is from Oct 2003 in AL. Can this be expunged?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 17, 2015

No crime in Alabama can be expunged unless you were found not guilty or if the charges were dismissed. If you paid a fine, you pleaded guilty. THat means the new expungement statute offers you no relief.

1 Answer | Asked in Domestic Violence for Alabama on
Q: my ex pushed me at a custody drop off in front of my kids and I filed a police report in Alabama what will happen now?

We were at a drop off for summer visitation. He pushed me when I was trying to tell him about my child's summer work. Both kids were standing with me.

William E. Scully Jr.
William E. Scully Jr.
answered on May 28, 2014

What happens next depends on what you did, and what the police think about it. "Filing a police report" is not the same thing as 'filing criminal charges.' If you swore out a criminal complaint, then your husband will either be arrested or summoned into court. He will have to... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: Can a women that has a man arrested 7 times of domestic violance go visit that man while he is incarcerated?

Can. A woman go visit a man she put in jail for domist violance.

William E. Scully Jr.
William E. Scully Jr.
answered on Apr 14, 2014

These are obviously sick individuals. Whether you are the idiot guy in jail who beats up women or the idiot woman on the outside who keeps teasing the alligator. You are both sick and need help. I guess you might be a family member or friend of one of these idiots, distraught over the fact that... View More

1 Answer | Asked in Domestic Violence for Alabama on
Q: My dad beat my mom and threatened to kill me and my brother. Can I get him arrested?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
answered on Dec 28, 2010

If you call Child Protective Services and tell them what happened, they will investigate and if they think it is serious, they can prosecute.

The Alabama Coalition Against Domestic Violence also has lots of information for you. www.ACADV.org

Good luck.

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