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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: My boyfriend has one prior arrest for DV against me but it was dropped....

1st time he was arrested, I called the police to diffuse the situation and they ended up arresting him. I didn't show up for the court date and they dropped it. We got into another altercation, he left the house and then called the officers to do a welfare check on me, telling them that I was... Read more »

William Jaksa
William Jaksa answered on Dec 10, 2019

Every prosecutor's office has its own specific policies when it comes to handling cases such as this.

You only need to attend court IF you are subpoenaed. Without being served a subpoena there is no legal requirement for you to attend. It's, in my opinion, bad form on the prosecution to...
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1 Answer | Asked in Domestic Violence and Sexual Harassment for New York on
Q: If you get someone convicted of a crime, is it possible to get them out of jail later on even if they were guilty?
William Jaksa
William Jaksa answered on Dec 10, 2019

The short answer is yes. Usually, its a parent, sibling or partner that was assaulted and later presents themselves as a surety or just wants to resume contact. What you need to check to see if there are any court orders prohibiting the offender from contact. Sometimes those are stand alone court... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: The police came out and I made a report about my domestic violence but my boyfriend was never arrested what will happen
Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2019

they will investigate and after talking to your boyfriend, if the facts warrant, arrest him with $50k bail.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Who pays court/legal fees in an order of protection hearing?

I am the respondent, the petitioner falsified everything that was used to request this order and I can prove it. I noticed one of the items she is asking from the hearing is that I pay all legal fees and taxes. If I win and no order of protection is granted, will I still need to pay the fees?

Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

Tennessee has a statute where if an order of protection is granted, the respondent is required to pay the legal fees of the petitioning party. This likely means if she is successful in securing the order of protection against you, that you would be responsible for her legal fees. If you have proof... Read more »

1 Answer | Asked in Domestic Violence, Education Law and Juvenile Law for Georgia on
Q: My son is getting bullied and harassed in school. I talked to the principle and it is still continuing. can i press char

There is a gang in the school were my son is getting bullied and harrassed. The leader of the gang keeps approaching him with treats of gang jumping him and fighting. The leader is 13 and the members are 12 or so. Can i press charges against him and the school since i have had a meeting with them... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 9, 2019

The short answer is yes. However, it is important that you contact an attorney as soon as possible to discuss the specifics of your case. We are more than glad to assist you. Contact us whenever you are ready.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Domestic Violence for Louisiana on
Q: Is there a statue of limitation on domestic abuse in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 9, 2019

Prescription depends on the severity.

2 Answers | Asked in Juvenile Law, Criminal Law and Domestic Violence for Louisiana on
Q: I am 16 years old, if my mom is highly intoxicated and starts to beat on me, do I have the right to leave home legally?

Or, if I decided to leave the house, will I be considered a runaway? Can she get police officers to find me and charge me as a runaway because my 16th birthday is Dec 15, 2019? If I do call police because she is highly intoxicated and she tries to hit me, if there aren't any visible bruises on me... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 9, 2019

Video your mother then email the video to your school counselor or to the Sheriff's Office

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I’m high risk pregnant and been put on bed rest in hospital been here for weeks and if I get to go home I’ll be on bed

Rest but I have pending charges and court dates while in the hospital but soon as I get out I have no family here and I’m homeless here in Dallas Texas so my doctor is wanting me to move back home to Kansas where someone can care for me due to me being in bed rest what can happen to me? But the... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 9, 2019

Contact the Court where your cases are pending and explain your medical situation. Request an attorney be appointed to represent you. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Is assault and battery in the first degree a registrable offence?
Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

Registration is in the discretion of the sentencing judge based on the allegations.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I go to jail I’m facing false felony charge for assault with deadly weapon felony for child endangerment 1 mid assa

Bodily injury and misdemeanor assault family violence

Grant St Julian III
Grant St Julian III answered on Dec 7, 2019

If the allegations are found to be false, you will not go to jail. If the charges filed against you are proven to be true beyond a reasonable doubt, jail time is a possibility. Consult with an attorney. Good luck.

3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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1 Answer | Asked in Domestic Violence for Virginia on
Q: How does the state of Virginia look at domestic violence between brothers and one is innocent?

My boyfriend had arrested and then bailed out the same night. He goes to trial tomorrow. He's innocent. He was defending himself against his brother who was attacking him. What will happen tomorrow?

Susan Fremit
Susan Fremit answered on Dec 6, 2019

Your BF has a defense if he was defending himself. If the judge believes your BF’s story, the charge will be dismissed.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiance got arrested for domestic violence First time offense and clean record with no run in with law. whats next

its his first time domestic violence. He didnt hurt ne or bruises but the sheriff thought he did. He has a clean record and no run in with the law. He just accidentally slapped my left arm. what will happen?

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

Do not plead guilty to Domestic Assault under any circumstances unless there is Diversion. If you have to, try it.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Get Restraining order dropped if wife stays in contact with me
Dale S. Gribow
Dale S. Gribow answered on Dec 4, 2019

more info needed.

you would have to contact a lawyer to put the matter on calendar and move to modify the order.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My wife was arrested for domestic violence against me. After her dad bailed her out, she filed a temp dvro against me

I need help from continuing to get victimized by my wife, who is now in seek and destroy mode post her DV arrest, is trying to take our son away from me and work with my ex-wife to try and get custody of my 3 daughters from ex wife taken away. We are both educated and have jobs. I'm prior military.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 4, 2019

more info is needed.

however , this is not a criminal DV RO but rather one related to marriage/family law.

I would make an appt with a lawyer in your area for guidance.

2 Answers | Asked in Criminal Law and Domestic Violence for North Carolina on
Q: I slapped my boyfriend and got a charge

I am 19 he is 21 we are parents of a 3 month old with a ton of bills and in process of buying a house I slapped him and he went to stay at his dads . My neighbor in apartment called cops I admitted to slapping him and I got a charge! I’ve never been in trouble how do we get this dropped!!

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 4, 2019

Speaking to law enforcement and admitting to a crime was a complete and total mistake. At this point, you need to hire a local criminal law attorney ASAP before you make matters worse than you already have. If you stop trying to handle this yourself and follow your attorneys advice and if your... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: my husbands being falsely charged of domestic abuse when my son and I weren't even home..what can I do?

my husband was arguing with a neighbor when my son and I were getting home.. there was NO physical contact between ANY parties yet hes being charged with these as well as other charges what can I do to help him come home soon...PLEASE

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2019

He needs a criminal attorney. Additionally you can go to the D.A.'s office and complete a drop charge form.

1 Answer | Asked in Criminal Law and Domestic Violence for Utah on
Q: My boyfriend is charged w/ aggravated kidnapping for a minor altercation we had that lasted 3-5 min. Is that substantial

Is that considered a substanial ammount of time as it is stated in the statue this happened in utah

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Dec 1, 2019

Aggravated Kidnapping is a First Degree Felony that can carry life without parole. You need an attorney in the worst way. Hire one TOMORROW!

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can the victim of a domestic assault have the charges dropped even if they didnt press the charges?

My husband was arrested on domestic abuse charges and a no contact has been issued. Even though I didn't press the charges against him, could I have the charges dropped before his court date?

Timothy Denison
Timothy Denison answered on Nov 27, 2019

No. That decision is up to the Commonwealth.

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