Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: So since the DV claim involves a 3rd party but there was no injury to person or property, is it still valid?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Answered on Feb 20, 2017

Without looking at the charging documents and understanding of the available facts a determination of a DV claim cannot be made. You will need to contact a lawyer directly to review the specifics of your situation.
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Q: If my ex put a restraining order on me can she call me?

1 Answer | Asked in Domestic Violence for Rhode Island on
Answered on Feb 20, 2017

Yes, but records of those calls will be good evidence to refute their allegations. Give those to your attorney before the hearing on the case.
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Q: i have falling very ill. I have 20 hours of community service and 20 classes left.Under doctors care. What can i do

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Answered on Feb 20, 2017

You can petition the court for an extension of time or alternatives to your current community service situation. For example, see: http://www.lacourt.org/division/criminal/CR0028.aspx

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 law practice website. I practice law in CA, NY,...
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Q: My bf was arrested on a false felony DV charge because his baby mama's boyfriend.. but he lives in another county

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Colorado on
Answered on Feb 20, 2017

The best advice is to contact a family law attorney for the custody matters and a criminal law for the DV claim (some attorneys handle both family law and criminal law matters).

The residence of the parties is not a factor for DV claims. For DV claims there must be a injury (personal or property) and the parties needed to have a domestic relationship at some point (note: DV claims do not need to occur at a household and can include 3rd parties connected to the people who had/have a...
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Q: Child being bullied by non-family adult but no threats of violence.States honor each others Restraining orders?

1 Answer | Asked in Domestic Violence and Family Law for Utah on
Answered on Feb 20, 2017

This may constitute a crime of harassment of a minor, a misdemeanor in CA. See: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647.6.

Also if the tournament has rules re: safety that are not being monitored and/or enforced, the tournament's administration can be sued potentially for negligence and/or breach of contract. They should be put on notice.

More details are necessary to provide a professional analysis of your issue. The best...
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Q: If my 15 year old is on probation for domestic violence and charged again is it a felony?

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Feb 20, 2017

Sort of. A second DV is a felony, but children are not actually charged with the specific crime unless they are bound over to adult court. Children are charged with being delinquent for committing an act which would have been the alleged crime were they an adult, so he will be charged with being delinquent for committing an act which would have been a felony. He really ought to have a lawyer. As the offenses pile up the chances of being bound over do too. It is time to put a lid on this.
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Q: I have an order of protection against my ex husband for my and our kids safety. Am I allowed to talk to his sister?

1 Answer | Asked in Domestic Violence for Illinois on
Answered on Feb 18, 2017

Yes. The order just prevents him from contacting you. But he is not supposed to use her to send u messages.
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Q: I want to lift restraining order against my husband who was charged for spousal abuse and child endangerment

1 Answer | Asked in Domestic Violence for California on
Answered on Feb 18, 2017

When the court issues a restraining order, there is a limited time to appeal that judgment. When that time for appeal ends, typically there is no way to rescind the restraining order. 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 law practice website. I practice law in CA, NY, MA, and...
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Q: I have a court appearance next week for a domestic violence case. Is there a chance I could be sent to jail?

1 Answer | Asked in Domestic Violence for California on
Answered on Feb 18, 2017

If the domestic violence case is in the family law courthouse for a restraining order, the family court court would not lock people up on those types of cases unless it's for some violation. You're probably talking about the criminal domestic violence court and there's a possibility of jail if it's an arraignment and the judge sets bail. You may want to speak with a bail agent prior to going to court. More facts are required to provide a thorough analysis. Knowing what stage this case is at...
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Q: Whats the chances of the da getting a conviction on a dv case if victim comes forward and admits she falsh reported.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Feb 16, 2017

It depends on what other evidence the prosecutor and whether the prosecutor can undermine the credibility of that witness (even if the person is the victim). It would not, by itself, be sufficient for reasonable doubt as a matter of law. It would be sufficient for a jury to find it, however. For example, in New York, the police may tape calls in jail and use this as evidence.
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Q: A 17 year old is facing domestic violence charges for defending herself against her mother.

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Answered on Feb 16, 2017

Her attorney may consider pleading self-defense against the allegations. I see no basis for you to appeal, though you may be asked by her or her lawyer to be a witness, if applicable. I see no legal basis for a minor to stay with you. Remember that sex with a minor is a crime in CA, and that "consent" is invalid when given by a minor. 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...
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Q: Hello, I'm an currently trying to file a law suit on someone that violated my personal space and home.

1 Answer | Asked in Civil Rights, Domestic Violence and Personal Injury for Florida on
Answered on Feb 16, 2017

You would but if no witnesses back you that could sink it. Your biggest problem is that the person doesn't have money so

you will spend time and money and never see anything. Maybe spend that time and money getting some PTSD therapy and look to moving away.
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Q: I took a plea deal in a domestic violence charge. I was given 3 years unsupervised probation. I didnt complete thhe term

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Answered on Feb 16, 2017

You can file for an extension via a motion in court. You should hire a lawyer to do this for you. 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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: My sister, almost 18, aggressively kicked my younger sister, 9, up and down her shins. She has bruises now.

1 Answer | Asked in Domestic Violence and Juvenile Law for Ohio on
Answered on Feb 16, 2017

If law enforcement is involved, she could be charged, and would likely wind up on probation for a while. If she is charged. She should get an attorney.
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Q: kids live with me for 10 yrs never returned from visit 6months dad file custody wht county has jurisdiction no order

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Feb 16, 2017

You can file for child custody rights and/or visitation in the court that issued related decisions. The longer you wait to see your children, the more evidence your ex has to support his custody rights over the kids. 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 law practice website. I...
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Q: Can a federally funded agency receive police reports & records without consent from subject?

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Public Benefits for California on
Answered on Feb 16, 2017

Police reports are public documents over which there are no privacy rights vested in the subject of the reports. 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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: My friend who is 17(male) was attacked physically by his 22 year old sister. What would happen legally?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Answered on Feb 15, 2017

Either or both parties can call the police. Pending an investigation either domestic violence or assault & battery charge would be the likely the charges. That said, the police are more likely not proceed with an arrest (esp. if the injuries are minor). Either party could also seek civil damages, but again the severity of the injuries will directly impact if a civil case exists (or is financially worth the cost of litigation).
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Q: My spouse is on probation for dom. vio, we are together but lately he has become abusive again. Can I have is proba rev

1 Answer | Asked in Domestic Violence for Texas on
Answered on Feb 15, 2017

The short answer is you can't have his probation revoked but giving such evidence to his PO could easily result in revoking or even new charges.

I also recommend two things: (1) Contact a criminal defense attorney to understand the consequences of revoking and whether there are other solutions to the problems. In my experience, people are often surprised by the consequences of certain reporting and more surprised that they can't drop charges (only the state can). By contacting a...
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Q: If a subpoena is mailed to a victim in a dv case does it become Binding. If the victim does not show how is there a case

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Feb 15, 2017

Subpoena's must be served via: a sheriff deputy, private process server or an adult (over 18) that is not a party to the case. Mailing alone is not sufficient. Since you have an attorney, the attorney should handle the subpoena. When properly served, the recipient must appear in court. Failure to appear can result in sanctions. Depending on the judge and the situation, a failure to appear may result in the judge granting a continuance.

Talk to your attorney about the confession by your...
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Q: Would i be able to fix my spouse papers if i have a misdeamnor domestic violence from a problem we had before?

1 Answer | Asked in Domestic Violence and Immigration Law for California on
Answered on Feb 15, 2017

What does "fix" mean? 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 law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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