Get free answers to your Domestic Violence legal questions from lawyers in your area.
Hes extorting me as well slandering me big time.on Facebook. Im ready to turn this all into the police. But I have a warrant. So would I get arrested too? I have a job so I can't afford to go to jail for a few days until I see a judge.
answered on Apr 8, 2018
you might....but i would need more info.
i would worry about my life more than a warrant.
maybe you could hire a lawyer (or get a public defender) to appear on the warrant and set it aside.
She was told by police no because she didn't have a weapon. Just curious how that makes it ok
answered on Apr 5, 2018
IF SHE HITS YOU IT IS CLEARLY AND ASSAULT AND BATTERY AND COULD BE AN ELDER ABUSE...DEPENDING ON THE FACTS................BUT NEED MUCH MORE INFO
Cops came & arrested me right away. He was bleeding from the outside of his nose. They recorded the injuries. But then the next days he said he didn’t want to put charges on me & he bailed me out with $3,500. We are on good terms now & still live together but I have court on May 14,... View More 
answered on Apr 4, 2018
You should have your lawyer explain the facts to the DA....either an appointed or retained lawyer...
You committed the act but he does not want to prosecute.
HOWEVER, the Victim is the people of the State of California. It is not up to you to press charges. If a crime is committed... View More
it has been almost a month since i was bailed out of jail and i was told that my ex girlfriend did not want to press charges nor did she ask for a restraining order. my court date is on may 14th. since my release she has tried contacting me but i have not responded. am i allowed to see her or will... View More
He has been convicted of a misdemeanor in domestic violence and will be doing 30 days in a pay to stay prison program. I am a citizen and we have a son together. I’d like to know if he has any way to apply for either a visa, work permit, green card, or If i myself can petition him once we get... View More
answered on Apr 1, 2018
Interesting question. A domestic violence conviction makes him "deportable", but not "inadmissible".
Therefore, if you marry him, you can sponsor him for a green card.
Please see https://www.shusterman.com/greencardsthroughmarriage/
I was in shock and honestly don’t recall ever stating that he was the cause. I felt harassed and coerced by the cops putting words in my mouth and the preliminary report I saw blatant lies. Was called by the da office today could not talk at the time, and they are calling me tomorrow. I want to... View More
answered on Mar 28, 2018
need more info
someone called police and if you said he touched you it is hard to change your story.
you need to hire a lawyer or use Public defender to review report and all evidence.
1st strike in 93 cntrlld subs intent sell. W/ firearm 11370.1(a)HD pled guilty served 7(?)years then stayed out of trouble for 7(?) Years
2nd strike in 2014, 1st degree residential Burg. 459-460(a) PC w/M burg tools.
Served 85%of 4 year sentence . Was out 6 months then violated... View More
answered on Mar 28, 2018
a lawyer needs a lot more info
i assume if he got an offer he has a lawyer. that is the person you should talk to as s/he has all the info in a file and i do not.
lawyer said that the DA is already aware. now we are just waiting on the next step from the DA. how soon can we hear from the DA? we were told we should get a letter in the mail, no mail yet and also if there was no action done within a year that the case has been void.
im tired waiting and... View More
answered on Mar 28, 2018
NEED MORE INFO
YOUR LAWYER SHOULD BE CHECKING WITH THE DA ON A WEEKLY BASIS AS I DO TO BE SURE NO FILING YET.
THEY DO NOT SEND LETTERS OF A FILING. THEY JUST FILE AS A BENCH WARRANT.
ASK YOUR LAWYER TO CHECK WITH THE FILING DEPUTY IN THE DA'S OFFICE
if a lady goes to a Domestic violence shelter but has an active case against her ( but no warrant and is working with the judge) do they have to turn her over to the cops this is being ask for a friend in California with kids
answered on Mar 28, 2018
need more info
however, if there is no warrant I do not think there is a duty to turn anyone in.........
Am I supposed to call somebody? It says he is suppose to be in court tomorrow. Should I be there? I has been crying and cop took of my face saying my eye looked red. I got a call saying they were going to press criminal charges. Nobody will talk to me. I don't know who his lawyer is. I was... View More
answered on Mar 22, 2018
if the police are called and they see what looks like an injury or you or a wit tells them of an assault and battery they arrest for DV and there is $50k bail.
you should discuss this with your boyfriend's lawyer to try to get the case dismissed.
I need a civil rights attorney one that does common law or pro bono work I pretty much dissected my case myself but I need to have somebody help me fill out papers for a writ of mandamus or a quo warranto. Being that the Attorney General only accepts papers that are filled out and signed by a... View More
answered on Mar 22, 2018
as a rule the PD's have the best handle on what is happening in the court room.............they are there everyday and know how each DA and Judge think.
a 68% win rate is pretty darn good.
a PD does not give you a sentence they just pass along what the DA or Judge has... View More
I waited for my ex outside her home recently in efforts to retrieve property she had taken from me. I have no means of communication with her other then messenger but she had blocked me, so I decided to wait outside her home and confront her. She willingly walked to my car where We spoke. I said... View More
answered on Mar 20, 2018
DV is the hot new crime being charged as a criminal offense. You absolutely do NOT want to talk to the detective without legal representation. Your Miranda rights to remain silent are useless if you don't exercise that right...but not 1 on 1 with law enforcement who will take that as an... View More
What can I do too take the next step to get my daughters back?
answered on Mar 17, 2018
MORE INFO NEEDED.
YOU SHOULD HIRE A GOOD LAWYER IN YOUR AREA.
GIVING FALSE INFO IS ARGUABLY PERJURY AND THEN YOU HAVE TO DEAL WITH THE CONSEQUENCES OF WORK.............
IN THE MILITARY THEY LOSE A RANK IF THEY HAVE A DUI
Witness called the police,I got arrested, charged with 2 felonies: Robbery of my wife’s purse (that I paid for) and Domestic violence (very minor injury in hand). I left the house, got arrested later.
I admitted to police on both charges.
Out on $50,000 bail.
Wife does... View More
answered on Mar 16, 2018
you do not have to injure someone to get a DV..........a shove could do it.
it is not up to your wife to decide if she wants to drop the charges..........the crime is against the people of the state of california.
you should hire a lawyer and arrange for her to get a separate lawyer... View More
I was issued an emergency protective order but it expired within 5 days. I didn't press charges and didn't file for a restraining order. Can i visit him in jail?
answered on Mar 16, 2018
really need more info.
however if you have not been ordered/rec'd a Restraining order i guess you could...................the worst that can happen is they do not let you see him.
how i think you will be able to do so
He was arrested in Sonoma county I didn’t press charges but they still took him it’s his first time offense he had a clean record ! How can I help ? Is there anything I can do ? How long can they keep him in there if no one post bail for him ?
answered on Mar 16, 2018
if police were called when there was a physical altercation they are going to arrest whether you want to press charges or not.
the Victim is the people of the state of California
you should tell his lawyer you do not want to press charges or testify and he might suggest you get... View More
I’m just trying to know what will happen cause so far all they have is what they have said. They haven’t heard my side of the story.
answered on Mar 13, 2018
more info needed.
did you hit/touch them? if so that is battery at the least and if wife it could be DV
if they called the police and their is a report then you need a good criminal lawyer.
you probably posted $50k bail? correct?
you have a court date to appear for... View More
I pressed charges on Sunday morning for domestic violence and he’s been in jail since then. My question is when will he get out. The abuse was minor I only have bruises on my leg and little scratches on my hand. He’s never been to jail he had a clean record prior to this.
answered on Mar 8, 2018
a lawyer needs a lot more info
what is his record?
what courthouse?
what judge?
who is his lawyer?
who is the DA?
what did you tell police?
his bail would be $50k and it could be filed as a felony or misdemeanor.
his should have an... View More
Him cause im the one who called the police and press charges.
answered on Mar 8, 2018
need more info
if you have a broken finger from pushing him and he was not aggressive and did not attack you then what did he do wrong............?
you are only a victim if you did nothing wrong and you were hurt by someone else
answered on Mar 8, 2018
more info needed.
but yes the state will still prosecute but whether there would be a conviction is another story.
how badly were you injured?
you may want to hire a lawyer to explain to his lawyer/DA that you are not going to testify............though they can still pursue... View 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.
