The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... Read more »
answered on May 17, 2022
I would suggest consulting with an attorney who handles civil litigation before you make any move regarding a lawsuit.
Based on the facts you describe, you definitely have a civil case for assault. I don't see a case for fraud based on your description, but that's something you... Read more »
If so, where is the case law that I can use in a motion to dismiss?
In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... Read more »
answered on Apr 30, 2022
No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.
A Motion to Dismiss is only appropriate where there... Read more »
Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... Read more »
answered on Dec 13, 2021
Are you wanting to know how you can get the Court to consider the information?
If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's... Read more »
I currently reside with a relative who has demonstrated that they're taking great pleasure to aggravatedly stalk, harass and electronically surveil my everyday use (PC and Mobile) without my consent to do such things. Now because of the living situation, I just want to make sure my safety is... Read more »
answered on Nov 9, 2021
If you get a protective order, your relative will be forced to move out of the household.
My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... Read more »
answered on Nov 6, 2021
So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.
Do you have a pending... Read more »
We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K
answered on Sep 24, 2021
You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your... Read more »
Grandma always say she is taking the kid away from my daughter, she said she is calling the department of child Care service.
answered on Aug 27, 2021
I would suggest your daughter block her mother-in-law's number and let her husband deal with his mother. More to your question, yes, I am sure a claim could be filed. The chance of success is likely around 0%, but individuals CAN sue for practically any reason. Your daughter would need to put... Read more »
They asked to stay for a couple of days, they kicked dad out. Filed a Restraining order.
Can dad evict in Az?
He owns the trailer, rents the lot.
They are unwelcome guests
Using illegal substances
answered on Aug 25, 2021
Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.
the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were... Read more »
answered on Jul 6, 2021
Feel free to give me a call to discuss more in detail because we need more information to answer the questions thoroughly, but I can give you some information now;
(1) Grandparents can file for legal decision-making and placement in Arizona, but they have to show they stand in loco parentis... Read more »
I have a video of him starting an argument with me and intimidating her while he was drunk the last time I had visited her. She says that anytime I come over in the past he treats her horrible. He is very abusive and aggressive towards her. She is handicapped in a wheelchair and had her leg... Read more »
answered on Feb 15, 2021
If he is being abusive to your grandmother, you can make a report to adult protective services. If she is dependent upon him, there will need to be other family members willing to step up and do the things she has been counting on him to do.
A week ago she attempted suicide and no one told the people caring for her about this. Im not sure what I can do I feel like if I call CPS or even the police my family may lie. This maybe her only chance to get help and I feel like they will try to discredit me.
answered on Dec 11, 2020
If something happens to her and you did not report it, you will have to live with that. If you believe your daughters are being truthful and if you believe they will share what your niece told them with investigators, then I feel you have a duty to report the situation and let the chips fall where... Read more »
answered on Nov 3, 2020
The elements of the crime of Sexual Abuse in Arizona (A.R.S 13-1404), regarding minors, depends on the age of the particular minor. If the minor is fifteen or more years of age, then sexual abuse is committed when the accused, without consent engages in sexual contact with the minor. Sexual contact... Read more »
The new girlfriend of my step daughter had a divorce in 2009 and one of the charges on docket said "child abuse multidisciplinary account fee" on it. Does that mean there was child abuse involved? And is that something that can make that person be prohibited from seeing my step daughter?
answered on Jul 6, 2020
No and no. The "Child Abuse Multidisciplinary Account Fee" is like a 911 tax on your cell phone bill - just another sneaky way government has found to take your tax dollars and divert them into a government program which may or may not actually benefit anyone outside of government.
He spit in my face aggressively took my cell, I (admit) threw a small wood sign at wall, he then punched me in my mouth..my mouth bloody, (I was 5 months pregnant)I then called 911on home phone he disconnected phone line, State is pressing charges on me??? I cant afford a lawyer. Been with this man... Read more »
answered on Feb 24, 2020
If you were charged with misdemeanor assault - DV, you are not entitled to a public defender because there is no jail time associated with the charges. There are agencies in Maricopa County whose mission is to assist women in leaving abusive relationships. Please seek the help of one of these... Read more »
I was served while walking in to court for one of the orders of protection since he was appealing it. I didn’t respond because I was confused and I was waiting for a court date. Now I’m in default and they want to garnish my wages. I’m a single mom with only my income. I need help what can I do?
answered on Feb 1, 2020
Thank you very much for contacting my office. I realize this is a challenging time for you and that you have lots of questions. It is okay to be anxious and overwhelmed; the trick is not to fight it. Instead, you are on the right track by educating yourself about options to help deal with your... Read more »
I went to the police station to pick up an restraining order my ex gotand was charged with stalking and criminal damage
answered on Sep 21, 2019
The question is never "can I sue?" (because that answer is always yes), but "SHOULD I sue?" (or "is it worth my time to sue?" In this case, the answer would be no. Law enforcement agencies are immune from most lawsuits and your suit would almost certainly fail very... Read more »
answered on Aug 5, 2019
Only the judge can dismiss the order of protection and a hearing is often required to do so. I have included a link to the forms used in AZ courts for Orders of Protection. Go to page 17 and use the "Request" page to request the court dismiss the Order. You will have to explain why you... Read more »
answered on Apr 22, 2019
My firm is only in Phoenix. Perhaps another Justia attorney (from Tucson) will reply.
We CAN conduct your free consultation by phone, and we do work in any Arizona county, including Pima County.
The father of my child and I are no longer together. He is not accepting that decision and barely supports his child. He helps pay for half of daycare each month but that's the only thing he helps with. I do not make him pay child support even though I am taking care of the major... Read more »
answered on Dec 8, 2018
You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address... Read more »
Considering there were no drugs involved -
answered on Aug 28, 2018
Before I answer your questions, I would want more information. Was someone convicted of domestic violence for property damage? Did the State get involved in terms of charging the perpetrator? Did the victim desire prosecution? Did the victim agree to testify?
If you have a family law... Read more »
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