Get free answers to your Domestic Violence legal questions from lawyers in your area.
Party #1 has a DV RO on file and the permanent hearing is coming up. Party #2 filed a counter DV RO against party #1.
Party #2 filed a rebuttal to #1s RO but party #1 did not file a rebuttal to #2s RO. Does that negate #1s RO. Does that mean the hearing date for the permanent RO for #1... View More 
answered on May 22, 2017
Any defenses must be determined after a review of all the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
I have never been arrested, have no criminal record, and have had the same job for 7 years. The only thing he has against me is that my son missed 9 days of school during the whole school year. He was sick, he also suffered from anxiety that would cause him to feel sick. I now have him in... View More
answered on May 15, 2017
Describing the issue as a win is not a good way to describe the case. The short answer is that the court can look for a way to establish joint legal and physical custody. Dealing with domestic violence issues is very important for the court to consider. There are more facts that need to be... View More
My son pushed his girlfriend and she pinched him , during the incident her 5yr old daughter was present and thier 4 month old. The girlfriend called the cops, but the cops never contacted my son and the girlfriend still came around. The GF has a therapist and mentioned to him that my son has a... View More
answered on May 14, 2017
Gf has a choice to make and can't let herself be pressured by a judge for a Restraining Order. She decides, not a judge. Your son should not pressure gf to avoid a RO, because that could lead to additional criminal charges.
If this can be done, which one is enforceable? If the defendant violates the first court order thinking his restraining order is more legal, can he evict the victim?
answered on May 13, 2017
Anyone can request a restraining order, and the judge makes a decision based on the facts. Evictions should be filed in court. Court orders must be obeyed by the parties in the suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
answered on May 13, 2017
Lawyers can certainly help people prevail in court. It sounds like you have a strong case if the police arrested your husband. More facts are required to provide a thorough analysis. Determining the outcome is very difficult if you don't have all of the facts.
I have a temp RO for DV. We have a hearing date of 5/26/17. Can the defendant get a counter restraining order with a new hearing date? If so, which RO and hearing date is legal? My RO was filed on 5/5/17 and served by the sheriff that day. He had to move out. His was filed on 5/12/17 with a... View More
answered on May 12, 2017
If a respondent doesn't show up to the hearing, that person risks having a restraining order issued even if that person doesn't show up. If there are active temporary restraining orders, they should be obeyed. The court will have to hear evidence and make rulings.
answered on May 11, 2017
That question requires more information in order to give a meaningful answer.
Were you convicted, or did you plead guilty to the charge? Or was there some other resolution to those charges? Merely being charged with an offense means nothing. You do not have to disclose to any employer or... View More
I am being evicted as an individual by my soon to be ex motherinlaw. I have 2 kids and have lived in this home for 6 yrs. She has paid all expenses for me and my kids during this time. Her son and I have been together for 6 years and have been married since Jan 2016. We have a 3 yr old son... View More
answered on May 11, 2017
All evictions need to be filed in court, otherwise you can sue for wrongful eviction. You may want to consider filing for a restraining order, child custody, child support, and spousal support in family court. More details are necessary to provide a professional analysis of your issue. The best... View More
I have a restraining order but he says the judge said if its ok with both of us we can change the dates, I don't remember hearing that
answered on May 9, 2017
Check the court orders. If anybody wants a modification, you have to file a request for that in court. If he's violating the restraining order, you can file a motion for contempt.
See: http://www.aeesq.com/divorce-attorney/child-custody/
More details are necessary to provide a... View More
There is a criminal case against my ex and a CPo was put in place to protect me from him. The family court has also granted a peaceful contact order prior to the CPO. If my ex is assasinating my character on the social media causing others to judge me and call me horrible names online and to others... View More
answered on May 9, 2017
It depends on the wording of the protective order. If he's defaming you, you may be able to sue. You can also report such abuse to the social media platform. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
The incident occurred two days before the arrest was made and the offender started acting strange and making threats the day the arrest was made.
answered on May 7, 2017
It depends on whether he was charged or not, and whether he was released on his own recognizance pending arraignment/ trial. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
He also suddenly wants to get custody of our daughter and has been threatening that hes going to take her away. He has only been reaching out to me through different phone numbers and harassing me. We're still legally married and I want to get a restraining order before I proceed because Im... View More
answered on May 5, 2017
People interpret harassment in different ways. Specific facts are necessary to analyze how he has been harassing you, and then a lawyer will be able to decide whether a restraining order would be attainable. He could be talking about taking her away from you in custody court and you should hire a... View More
8 weeks ago:
(DefA)unprovoked battery -
(Vic:B)beaten bloody, immediately reported to the police, charges pressed on A by B
Now,
D.V. case due to statement of (witn:A): (DefB) hit (vic:C). No signs of trauma nor threats of.
Make sense?
Seems like a.conflict of interest right?
answered on May 5, 2017
This is not a conflict of interest in the way that attorneys use that phrase. It does show bias by the witness and a motive to lie or exaggerate. I am sure that your attorney will fully discuss that the with prosecuting attorney and cross-examine the witness about it, if necessary. The jury gets... View More
answered on Apr 29, 2017
The issue will be why these places can't help you, especially if they're able to help most people that go there. This does not sound like a good excuse without more information. Therefore, hire a lawyer and prepare for the court date or you may need to add yourself to calendar. More facts... View More
answered on Apr 29, 2017
It's possible the judge will lock you up for not complying or doing your volunteer hours. The question is also going to be why these places can't help you after going to them. It already does not sound like a good reason. Of course more facts are required to provide a thorough analysis.... View More
My sister was beaten by her former boyfriend and was offered a Florida "plea and pass" and then violated the conditions. He threatened to "get her back", is a former NYPD, and he has firearms and I am gravely concerned. I told her to have someone place a GPS on his car so that... View More
answered on Apr 28, 2017
That is illegal, and you can be sued in civil court and charged with a crime. A restraining order is the proper method, and you can report threats and assault/battery to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
I have witnessed mental and emotional abuse against a female neighbor. Her boyfriend is a Paralegal. I have confirmed her reports of abuse to the Police.(not hear-say testimony, only what I have seen & heard). He is threatening to sue me for libel. He has banned me from his home and tells... View More
answered on Apr 27, 2017
See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
I have witnessed mental & verbal & emotional abuse against a female neighbor. I have confirmed her reports of abuse to the police (not hear-say testimony, only what I seen and heard.). They live together and she is financially and emotionally dependent on him, as she only has a part-time... View More
answered on Apr 27, 2017
See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
My parents have been abusive towards me all my life, especially physically. I cut ties with them last year. I wrote them an email specifying I was cutting all contact. Zero attempts were made on their part to rectify the relationship other than a few emails that were only of blame.
Now... View More
answered on Apr 19, 2017
You can file harassment charges against the persons who are stalking or harassing you. There's no need for a lawyer.
You can get the appropriate forms online http://www.courts.ca.gov/forms.htm. When you open the page, you'll see a drop down menu labeled Select Category; you will... View More
The murderer son is now serving life in California State Prison.
answered on Apr 18, 2017
That is something you can challenge in probate court. Have a lawyer review the terms of the estate's will or trust. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... 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.
