Get free answers to your Domestic Violence legal questions from lawyers in your area.
answered on Feb 26, 2014
Sometimes a judge will impose a restraining order over the alleged victim's objection.
Sometimes "can't" means different things. Sometimes lifting an order COULD be done, but there are serious consequences (such as losing custody of children).
Getting it lifted... View More 
answered on Feb 26, 2014
The County Coroner and local law enforcement. Possibly directly to the DA's office.
And I went and grabbed him and he grabbed my arm to take my hand off of him and caused a bruise. We are starting counseling but I want to drop them because if I didn't attack him it wouldn't have happened and he has a prior from 6 years ago but his ex hit herself to make it look like he... View More
answered on Feb 26, 2014
I previously wrote this answer to a very similar question:
It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police... View More
We just got notice that the DA is picking up the case. He wasn't arrested at the scene and hasn't been questioned on his side of story. I feel horrible because I was drunk and upset and he didn't do anything violent. How can I help prove he's innocent? I told police I didn't want to press charges.
answered on Feb 26, 2014
It isn't up to you whether charges are brought. It isn't a civil case where you are suing someone. A criminal case is the State against someone. It also isn't the police that brings charges. The police provide police reports to the DA, and the DA decides whether or not to file a... View More
I got arrested for domestic violence in AZ and my sentencing was 26 sessions of DV counseling here in CA they are saying i need 52 weeks because it is state law. Is this true, do I have to follow the 52 weeks just because i was able to do counseling here in CA and not in Az?
answered on Jul 13, 2012
Who is saying this? The courts or the domestic violence program? California Penal Code 1203.097 contains the requirements for domestic violence programs, including the 52 week duration. The program may not be willing to adjust the California requirements to fit your Arizona sentence. I would start... View More
answered on Apr 9, 2011
That depends on many things, not the least of which are the facts of your case, your prior criminal record (if any) and what you are facing if convicted versus what is on the table now by way of plea bargaining.
answered on Mar 28, 2011
If a judge has specifically indicated as part of a stay away order that the restrained person is to stay away from a particular vehicle, then it would certainly be a violation of that order if that person does come and take the vehicle. Usually these orders are designed to protect a person but... View More
answered on Feb 12, 2011
If the temporary restraining order expired and the court did not grant an extension or a permanent restraining order, then you would have to refile and get a new hearing. If the temporary restraining order expired and the court granted a permanent restraining order, you have to prepare a CH-140... View More
Me & my fiance got into a really stupid arguement i got mad that he started screaming at me so i got up on his face then he pushed me, i got physical with him so he kept pushing me and so on he didnt punch me but every time he pushed me i fell, & i called the cops i feel bad now cause it... View More
answered on Feb 8, 2011
Depending on the district attorney, and what you say to them, they may consider dropping the charges, however they don't have to. Once it goes to the DA, they have the power to prosecute your fiance without your cooperation - if there is enough evidence.
Women have fought for the... View More
answered on Jan 8, 2011
I would need a great deal more information to properly answer this question. Many people claim police brutality when they are being arrested and if that is what is happening here, then you'd need an outside witness to verify what was happening.
If he was trying to prevent an attack... View More
answered on Dec 30, 2010
I'm not sure what you mean by "documents." I assume that you filled out the DV 100 or other Judicial counsel Form. If you want to file a supplemental declaration from yourself, or from another witness, I would recommend that you consult your county's local Rules of Court.... View More
I had a brain bleed in 2006 due to DV. We have two kids together. He has been arrested 7 times for DV. Got off due to me helping him get off. I was afraid. I left him July 09 but he would not let me take my kids. I have been fighting him in the courts ever since. I currently have a criminal... View More
answered on Dec 28, 2010
You should contact a local attorney and discuss the possibility of getting a Family Law Attorneys Real Property Lien on the family home. It is one way that attorneys can get paid. You can put a lien on the home up to one half of the Community Property Interest you have in it.
Also you can... View More
answered on Dec 24, 2010
Basically it is a background check to determine the criminal history of a person. Usually used in Guardianships and Conservatorships.
Find out what happened at court at arraignment?
answered on Dec 24, 2010
He should be able to tell you what happened at the arraignment. The next thing is hiring a criminal defense lawyer, either public or private.
You don't say whether it was a simple violation like he was in the same place as the protected party, or if there was additional violence and... View More
answered on Dec 18, 2010
Penal Code 286 is a sex offense defined as:
(a) Sodomy is sexual conduct consisting of contact between the
penis of one person and the anus of another person. Any sexual
penetration, however slight, is sufficient to complete the crime of
sodomy.
The 237 crime is... View More
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