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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Personal Injury for California on
Q: I’m charged with battery. The victim said they hit me first and all I did was hold them and leave. Is the case strong?

The victim is my mom. I got into a argument with her and she hit me. I stopped her by grabbing her by her wrists. And when she continued I grabbed her shoulders and asked her to calm down.

I left because she continued to try and hit me and the police was called on me. I got arrested and she... Read more »

David Michael Lehr
David Michael Lehr answered on Mar 5, 2021

Good defense. It often works for my clients.

Good luck!

1 Answer | Asked in Domestic Violence for Kentucky on
Q: dropping a dvo

I have a dvo on my ex from like 2 years ago but we just recently decided to put it all behind us cause we was both young. What steps do I need to do to drop it? (In ky)

Timothy Denison
Timothy Denison answered on Mar 4, 2021

File a motion to amend the dvo in the clerks office. They will give you a zoom or Skype hearing date t which you can ask the judge to set aside and dismiss the dvo.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: is there any way to have an assult charge removed if it is the only charge EVER and was 10 years ago?

i was only ordered to pay $200 and 3 days of community service. for pushing someone away from me...and now have a Domestic Assault charge on my record....

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

That charge is worse than some felonies. You need to check with the Court Clerk and examine the actual Warrant. Look at the Disposition by the Judge. If it is a conviction, it will be permanent. If it was dismissed, expunge it. Good Luck !!!

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1 Answer | Asked in Juvenile Law, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can you ask for parental rights stripped when a parent is charged with cruelty to juvenile?

My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Can a judge order me to hair test in supervised child visitation case even after providing months of clean drug test

Iv done everything asked per court order have not tested dirty but other parent is requesting hair test and only to prolong me seeing my daughter

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

you should go over this with your attorney.

i assume there was some kind of evidentiary hearing and based on that the judge made the hair analysis order?

a judge would normally have that power.........whether it is correct or appealable is another...
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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Federal Crimes for Minnesota on
Q: i am a victim of an on going organized theft ring, With in the employment of Catholic Charities employees and staff .

On going as we speak and every moment I am trying to seek legal representation and consultation im a continued victim of a criminal enterprise. I need a downtown lawyer to discuss legal strategy. The alleged perpetrators actions was not only criminal in its intent but deadly in its execution. I... Read more »

William Bailey
William Bailey answered on Mar 2, 2021

You should report any criminal activity to police. For a civil lawsuit, you should consult directly with a personal injury attorney.

1 Answer | Asked in Domestic Violence for Georgia on
Q: Whats the worse they can give me for charges simp. batt. agg. 1st offense, simp. batt. f.d.v. & 3rd child endangerment
Joshua Schiffer
Joshua Schiffer answered on Mar 2, 2021

Its hard to sort out the exact charges because of the abbreviations however all misdemeanors are punishable by up to 12 months, each. And they can run consecutively

Battery, Simply Battery (both FV and not FV) are all misdemeanors, often pled in the alternative so if one sticks the...
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1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Car Accidents and Domestic Violence for Mississippi on
Q: I parked behind my boyfriend at his job on private property, and blocked him in from leaving.

He reversed and pushed my car out of the way with his car. Then when he was able to get out, he backed up and hit my car again before driving off . I’m not pressing charges & I wasn’t injured, but can the police? I heard them mention something about private property, but also heard them... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

It could be any number of charges.

For starters, for the damage to your car, get estimates and send them to your insurance company.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: My boyfriend is bipolar and wasn't taking his meds. He ended up assaulting me. Can I work with his lawyer to hel

So my boyfriend is bipolar and can become manic. He ended up assaulting me pretty bad. My family took me to the hospital were I found out I had a broken nose, two black eyes, a chiped tooth and bruises from head to toe. They pressured me to make report which I did but I thought I could drop the... Read more »

Dan Nold
Dan Nold answered on Feb 28, 2021

Victims of domestic violence have rights pursuant to Marsy's Law. Those include the right to hire an attorney and be informed of everything going on in the case and the ability to make a statement to the judge. You should consult with an attorney who represents victims of domestic violence... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney

Ryan D Templeton
Ryan D Templeton answered on Feb 28, 2021

Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.

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2 Answers | Asked in Criminal Law, Domestic Violence and Juvenile Law for Virginia on
Q: Can your mom send you a trespassing notice and have you arrested if you go near her property?

My parents are separated and going through a legal divorce. After my mom cheated on my dad and moved in with her boyfriend she and her boyfriend who has a criminal record have been threatening me and my little siblings. She recently sent a trespassing notice to my family saying we could not be near... Read more »

Susan Fremit
Susan Fremit answered on Feb 28, 2021

Since your sent you a no trespassing notice and you acknowledge receipt of that notice by tearing it up and throwing it at the front door of where she lives, she can now call the police, if you go on her property, and have you charged with the criminal misdemeanor of trespassing. She can also look... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia on
Q: can I have the form in Virginia to request a motion to dismiss a preliminary removal order?

I'm just looking for the form needed to request a motion for dismissal of a removal order in Virginia.

F. Paul Maloof
F. Paul Maloof answered on Feb 27, 2021

Go to the family court website for the form that you need, or call the clerk's office on Monday for the website link.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: I have been charged a criminal case in Sacramento leaving my abuse relationship and his gang my Apt. I need help .

Also need a California victims board lawyer 2nd appeal and a civil attorney against the Sacramento jail bailiff and merced ca downtown police department

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

if you are going to be charged with a crime the court will appoint a public defender at the arraignment.

you might contact legal aid for your other legal issues.

1 Answer | Asked in Domestic Violence for California on
Q: Can I sue my parents for extended misogyny and trying to marry someone to me when I was 14. I don’t want to know why.

I want to know why they did that to me. They have refused to acknowledge that it has caused me distress for 25 years. I want to know why they did it in the first place. I just want them to have to acknowledge it and stop lying and be accountable in a public forum.

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

anyone can sue anyone for anything at any time.

the issue is usually will you be successful AND can you afford the costs of doing so..... a

and what can you reasonably expect to get?

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Q: Hi, would you please advise me on the protocol for requesting a no contact order in Arkansas be rescinded? Thank you.

Specifically, the NCO is for both parties & the charge is domestic battery 3rd degree. Hearing set for 4/14/21; incident occurred 2/20/21. Both spent 48hts in Benton Co jail on Saturday evening, & both were released on Monday norming after Judge ruled that there was no bond required. We... Read more »

James E Hensley Jr
James E Hensley Jr answered on Feb 27, 2021

Thank you for reaching out. Couple things of concern:

You are going to be in law school. This charge will cause you some grief when you apply to the bar; specifically, even though you win the charge and your record is sealed, make sure you tell the bar about it on your application and...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I get in trouble for accidentally sending in the wrong evidence?

I am a victim of domestic violence. I accidentally sent in the wrong photos for evidence to the district attorney. The photos were from a whole different assault. I plan on calling DA to inform. Will I get in trouble for sending in wrong photos by accident?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 26, 2021

You will not get in trouble for sending in the wrong evidence so long as you promptly notify the DA of your simple and wholly innocent mistake. The only way you'd ever get in trouble over this is if the DA believes you sent in the wrong evidence on purpose and are only trying to withdraw the... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: I would like advice before going to child support court. My son's father was jailed for domestic violence on me

Will I need to be prepared to be questioned about this in court?

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

Be prepared to discuss it if it comes up. Talk to your attorney, or use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Was arrested and bailed out and the district attorney never picked up the case. Do I still owe the bailbonds?

Or is the bailbonds dropped

John Karas
John Karas answered on Feb 25, 2021

You still owe the bail bondsman for posting bail on your behalf because uou entered into a biding contract with him (or he) independent of the charges being "dropped" (never filed or dismissed).

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