I emailed notification in writing to landlord and leasing firm within 3 days of signing lease that I was threatened by a man to sign the lease in my name so he could live there. I sent record of this mans criminal felony background. Leasing agent and landlord responded with I had to pay a full year... Read more »
I am sorry to hear about your situation. Typically a landlord would want to see a protection order against the other occupant on the lease to establish the grounds for release from the lease based on domestic violence. A report of unrelated felonies would not provide sufficient grounds from release...Read more »
He's held me at gunpoint several times & got arrested for it. I may go into hiding since he's just been released on bond. I want out of the land deal, but the sellers want to keep my $1,000 deposit. They have other buyers waiting to purchase. Sad they want to keep my deposit. Can I... Read more »
I am sorry to hear about your situation. There are laws that allow a person to cancel a lease if there is evidence of domestic violence, so that the victim does not have to live with the abuser. However a land deal would not require the victim to live with the abuser so may well not fall under the...Read more »
It would be important to have more information, however the order does not proscribe victim action. Nevertheless, it is not a good idea to engage in actions that would potentially entice the restrained party to violate the order, such as contacting him or her. It could potentially be construed as a...Read more »
We were married June 2017 in Colorado Springs. My wife is a foreigner and was here on a fiance visa, she went missing February last year and said she was going back to her home country, but nobody knows where she is. A few days ago she sent her half of the completed and signed divorce papers to me... Read more »
Typically, I prefer to respond to questions posted on this forum with practical advice. However, my advice today to you is that you need to go speak, in person, with an attorney regarding this matter. There are so many nuances here to your story that need to be fully discussed with an attorney....Read more »
If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.
Yes, courts will often award sole decision making to a parent who has been the subject of domestic violence. If you can establish child abuse on his part, then you can ask for restrictions on his time with the children.
The PO is permanent, with 2 violations! The court order is very vague. It states visitation at her discretion. She sneakily took my daughters and moved them 2 hours away from me and my son (Their half brother) and has yet to update her address with the court. I had to locate my children by doing a... Read more »
An attorney would have to see the order but it sounds very broad and gives the sister a great deal of discretion. You may want to seek a modification to the order if you would like to propose alternate arrangement.
My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... Read more »
My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... Read more »
I have never been in court before and don't really know what to expect. I came back from work and my wife was raining insults and curses at me. At some point I responded to those insults which she took as a threat and called the police on me. Please any advise provided is greatly appreciated!... Read more »
You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.
My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?
My husband was ordered to pay opposing party attorney fees in a family law matter. The judge ordered him to pay the full amount in 30 days which is not possible in conjunction with the amount he is paying for child support. The opposing attorney is now stating that she is assessing and 8% interest... Read more »
You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening...Read more »
People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe... Read more »
The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best...Read more »
Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...
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.