Get free answers to your Domestic Violence legal questions from lawyers in your area.
She just called the cops just wanting them to calm me down but i got arrested and charged with domestic battery 3rd plus we had 3 people as witnesses and still spent the weekend in jail we were just arguing my wife and the witnesses told them several time i never put hands on been married 21 years... View More 
answered on Dec 26, 2018
You need a lawyer for sure right now! This is a Class A Misdemeanor in Arkansas. You could receive a sentence in the county jail for one year and a fine of up to $2,500.00. Depending on the lawyer you hire and the Judge, you could have the case dismissed or spend some time in jail. Your lawyer... View More
She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side... View More
answered on Nov 29, 2018
Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.
The reason is to end the argument for the night and give folks time... View More
answered on Nov 29, 2018
Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.
The reason is to end the argument for the night and give folks time... View More
answered on Aug 14, 2018
No, the case will not get dropped because she contacted you.
Do not interact with her unless/until the order of protection is resolved (if there hasn't been a hearing) or until it expires, if it is already in place. Hard to tell exactly what the situation is by just reading the... View More
My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?
answered on Aug 6, 2018
Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must... View More
Husband and wife. Temporary petition served. No hearing yet. Can he come home since we have reconciled?
answered on Jul 9, 2018
Consult an attorney.
If there is an order of protection (OOP), the order can only be lifted by the judge.
The order of protection prohibits ANY contact between the parties and their agents.
It is very common for people to violate OOP's because they think it is okay to... View More
The person who is pressing charges pulled a knife on me,chased through the house. While two people watched it happen. Had me on my knees begging him to stop. He then told me to leave and I did. Two days later he said he claimed to have swore a warrant for my arrest. Saying he has witnesses and that... View More
answered on Jun 13, 2018
Eyewitnesses one could b sufficient. More information about the exact circumstances are needed to determine the likelihood of how your case could end. Contact a defense attorney to review your case.
Does a person, who is a guest at a residence, have the right to concent a legal search?
answered on Jun 12, 2018
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in... View More
He was arrested at time but I didn't want him in trouble cause I was scared of him. Now I'm free and in therapy. Can I refile now that I'm strong enough to admit what he did?
answered on May 13, 2018
It depends on the alleged crime (see link at bottom).
The statute of limitations for misdemeanors is 1 year, so those are out.
If a felony, the time limit could be 3 years or unlimited.
See: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-1/chapter-1/section-5-1-109/
I assaulted him and got 1st degree charges on me after he got 3rd degree charges for assault on me
I'm charged with stabbing him. This is my first offense. Will I go to jail
answered on Feb 13, 2018
Jail is certainly a possibility. Be sure and get a good lawyer.
I am living wit my parents and they also said they would kick me out and take my son. I plan on moving in with my boyfriend sometime soon though.
answered on Jan 10, 2018
It is possible that your parents will file a guardianship petition. With the facts you mention they have a pretty good chance at taking your child.
Is there a duality to the law? Meaning, do the laws of a no contract apply equally to both parties?
answered on Jan 10, 2018
There's is no duality in Arkansas. The person who files the OP may contact the person who was filed on. I would not talk to them though.
Wants to take my son away from me and take him to Texas with him, I want to stop answering his messages but he says I could get in trouble if I do, is that true,? What can I do to keep him away from us,? My son has my last name, I left him because he treat me bad during my pregnancy until I left... View More
answered on Dec 26, 2017
It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.
If the child has lived in Arkansas for... View More
He needs mental evaluation and refuses he is 29 years old
Me getting a text from a girl saying my ex wants to know if he can see our kid. Is that considered contacting me through someone else?
answered on Dec 11, 2017
YES! A very big yes. It is a violation of the protection order. You can contact the prosecuting attorney and let them know he is violating the order. He will probably be arrested for violating the order. Most of these cases wind up in divorce or paternity court. Depending on your child's... View More
We dont want to press charges against eachother and our court date is on the 19th will we both be going to jail?
answered on Nov 26, 2017
You need a lawyer to keep out of jail. Lots to know here. I can help
He became abusive and threatened me after I found out I was pregnant. When I left, he told me that he wanted nothing to do with the baby but if I ever filed for child support, he would come after me and take our son. Son is now 3 years old, and I could really use the help as I'm going to... View More
answered on Nov 4, 2017
Call the Office of Child Support Enforcement in the County where you live. Tell them your concerns. They will help you. Realize though that if you start collecting support he is entitled to visit the child. You might cause yourself a lot of trouble. In some states, you can terminate his rights... View More
going to jail now he did get a ticket last summer over having a conflict with a boy over his daughter which he paid the ticket we are in Arkansas and it was ageist our son . are son pushed his dad and his dad grab him and pushed him to the kitchen sink which that's where it started at and the... View More
answered on Oct 10, 2017
A domestic battery 3rd degree charge is a Misdameanor meaning there is a possibility of up to 1 year in jail and a fine of up $2,500. That does not mean that he will go to jail for a year, but it is a possiblity.
He purposely comes by her and we have reported when he made a threat several times and law enforcement nor the court will do anything...she is scared daily because she believes she will get hurt or end up dead because law enforcement refuses to take any action...what can we do to put an end to this... View More
answered on Sep 10, 2017
if she has an order of protection you will want to file a police report after the next contact by the ex-boyfriend. Have evidence of the contact, i.e. text message or email, and then take the evidence and police report to the Prosecuting Attorney's Office to have them look at filing charges... View More
We have blocked her many times over on our Facebook's, but she just creates more fake one's, this has been going on for almost ten months. I recently started saving the messages and we know its her because she has sent pictures to my fiancee, we just block her but we've told her to... View More
answered on Sep 8, 2017
File a police report then take that report to your local prosecutor. If they do not issue a warrant, then ask them to send the Ex a caution letter.
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.
