Domestic Violence Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Domestic Violence Questions & Answers
Q: could a prosecutor from one county discuss a client's case with another prosecutor from another county
2 Answers
| Asked
in
Criminal Law, Domestic Violence and Federal Crimes
for
New Jersey
on
Answered on Sep 27, 2016
Answered on Sep 27, 2016
Q: I have a protective order but my ex boyfriend still seem to come around me a lot can I get in trouble for that cuz I'm
Susan Fremit's answer
If you got a protective order is against your boyfriend, call the police if you see him around. You won't get into trouble. If your boyfriend got a protective order against you, you must avoid him.
If you got a protective order is against your boyfriend, call the police if you see him around. You won't get into trouble. If your boyfriend got a protective order against you, you must avoid him.
Q: I was recently a victim of domestic violence in the state of RI, I want to drop the charges, am I allowed to?
Neville Bedford's answer
Speak with an advocate, or an attorney. The judges will likely have some important questions for you that you should be ready for.
Speak with an advocate, or an attorney. The judges will likely have some important questions for you that you should be ready for.
Q: What happens when dcf asks you to take a drug test and you don't go
John Arthur Smitten's answer
Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.
Unless they have some type of warrant or court order then you are not under any duty to comply. You should hire a lawyer to represent you in the case.
Q: What happens if a 15 year old teenager hits a child around the age of 5?
Mr. Ryan L Hyde's answer
Nothing unless its reported to police, they investigate and find sufficient evidence to charge the teenager with harassment or assault. Then the teenager is in the juvenile system and a lot of different things can happen, including a warning and jail at the opposite ends.
Nothing unless its reported to police, they investigate and find sufficient evidence to charge the teenager with harassment or assault. Then the teenager is in the juvenile system and a lot of different things can happen, including a warning and jail at the opposite ends.
Q: pro-se petitioner stalking case, will judge listen to voicemail & view video?
Terrence H Thorgaard's answer
Call the judge's judicial assistant (secretary) and ask what format the judge prefers.
Call the judge's judicial assistant (secretary) and ask what format the judge prefers.
Q: If on probation for DUI, & a person gets charged with domestic violence and abuse. What will happen to the person?
Paul Stanko's answer
You can have your probation revoked for committing another crime while on probation. Jail time is a likelihood.
You can have your probation revoked for committing another crime while on probation. Jail time is a likelihood.
Q: My husband was picked up on domestic violence by strangulation, I never pressed charges
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Texas
on
Answered on Sep 21, 2016
Answered on Sep 21, 2016
Jodi Soyars' answer
This is a 3rd Degree Felony if he had no prior family violence findings in his criminal history record. Otherwise it is a 2nd Degree Felony. This is very serious and should be taken seriously even if you do not want the charges filed. The State can pick up the charges and prosecute without your approval or acquiescence, so the best thing to do is to retain a local, experienced criminal defense attorney to make sure he is doing everything he can to defend himself against these charges. Most...
This is a 3rd Degree Felony if he had no prior family violence findings in his criminal history record. Otherwise it is a 2nd Degree Felony. This is very serious and should be taken seriously even if you do not want the charges filed. The State can pick up the charges and prosecute without your approval or acquiescence, so the best thing to do is to retain a local, experienced criminal defense attorney to make sure he is doing everything he can to defend himself against these charges. Most...
Q: Can ex husband get a protection order against my boyfriend that states he does not want our children around boyfriend?
Matthew Williams' answer
It's possible a court could grant such an order. You would be given the opportunity to contest it if he tries.
It's possible a court could grant such an order. You would be given the opportunity to contest it if he tries.
Q: I wanted to know how long of a sentence would an offender charged with a 2nd family violence charge and 3rd felony gets
Jodi Soyars' answer
Third degree felony range of punishment is 2-10 years texas department corrections (prison) and up to a $10,000 fine. However, you should not assume you will do prison time. Even if this is not your first felony, you should retain an experienced local attorney to help you with the case so you can develop a strategy designed to achieve your personal goals in the situation.
Third degree felony range of punishment is 2-10 years texas department corrections (prison) and up to a $10,000 fine. However, you should not assume you will do prison time. Even if this is not your first felony, you should retain an experienced local attorney to help you with the case so you can develop a strategy designed to achieve your personal goals in the situation.
Q: What will happen if a 28 year old female punched my 9 year old in the face?
Jodi Soyars' answer
They can be charged with injury to a child if the injury was not serious bodily injury. If they caused serious bodily injury they can be charged with aggravated assault.
They can be charged with injury to a child if the injury was not serious bodily injury. If they caused serious bodily injury they can be charged with aggravated assault.
Q: Can the law help people who choose to stay away from harmful family members? Especially on social media
1 Answer
| Asked
in
Domestic Violence, Internet Law and Personal Injury
for
Texas
on
Answered on Sep 18, 2016
Answered on Sep 18, 2016
Peter Munsing's answer
The law does help but doesn't--you'd have a right to go after her but it would cost you money. So it is a right that only the very rich can afford. However it may be worth your while taking some of that money and getting a lawyer to write them a cease and desist letter, and some to talk to a psychologist about how you respond or how you structure your non-response so that the aggressive or passive aggressive person gets bored.
The law does help but doesn't--you'd have a right to go after her but it would cost you money. So it is a right that only the very rich can afford. However it may be worth your while taking some of that money and getting a lawyer to write them a cease and desist letter, and some to talk to a psychologist about how you respond or how you structure your non-response so that the aggressive or passive aggressive person gets bored.
Q: What steps do I take to bring intentionally perjured affidavits to courts attention.
1 Answer
| Asked
in
Criminal Law, Child Custody and Domestic Violence
for
Massachusetts
on
Answered on Sep 18, 2016
Answered on Sep 18, 2016
Paul Stanko's answer
Bring the perjured statements to your attorney's attention. He or she could use them to impeach the testimony of the witnesses who perjured themselves.
Bring the perjured statements to your attorney's attention. He or she could use them to impeach the testimony of the witnesses who perjured themselves.
Q: What can I do there is a restraining order against my son's father and his family is harassing me
1 Answer
| Asked
in
Family Law, Child Custody and Domestic Violence
for
California
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Andy Chen's answer
Seek a restraining order or orders against the family members as well. Hopefully you have been documenting the harassment from the family.
Seek a restraining order or orders against the family members as well. Hopefully you have been documenting the harassment from the family.
Q: Where can I find a lawyer that does family law and domestic violence pro bono in Santa Maria, ca
Andy Chen's answer
Finding a pro bono lawyer is difficult generally. Family law lawyers are in high demand and, thus, none of them want to work for free. Consider coming up with at least some money, even if it is not what the lawyer's normal rate is. You'll stand out from the crowd and hopefully get more lawyers interested. Lawyers are always more interested in clients who can pay.
Finding a pro bono lawyer is difficult generally. Family law lawyers are in high demand and, thus, none of them want to work for free. Consider coming up with at least some money, even if it is not what the lawyer's normal rate is. You'll stand out from the crowd and hopefully get more lawyers interested. Lawyers are always more interested in clients who can pay.
Q: Could I ask the court to change the date or time court date for restraining order from my husband for our autistic son?
Andy Chen's answer
Are you the one seeking the restraining order? If so, you can try a judicial council form DV-115 (google that) and ask for a new date. Depending on how far out your hearing currently is, it may be easier if you just arrange to have someone else take the children to school on the day your hearing is currently scheduled for.
Are you the one seeking the restraining order? If so, you can try a judicial council form DV-115 (google that) and ask for a new date. Depending on how far out your hearing currently is, it may be easier if you just arrange to have someone else take the children to school on the day your hearing is currently scheduled for.
Q: My friend is being charged in Indiana on a level 6 domestic violence charge. He has never been arrested for this crime,
Paul Stanko's answer
Does your friend have a lawyer? Taking a polygraph is something I would never have a client do. Any competent criminal lawyer could answer all of these questions based on the particulars of that case. If your friend does not have a lawyer, he should retain one immediately!
Does your friend have a lawyer? Taking a polygraph is something I would never have a client do. Any competent criminal lawyer could answer all of these questions based on the particulars of that case. If your friend does not have a lawyer, he should retain one immediately!
Q: If a child was pushed to direct them in the room in which they were asked to to their chores
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
District of Columbia
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Sean R Hanover's answer
I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a) covers the charge, which carries a maximum sentence of 180 days. In your example above, you shoved or pushed the child. That would be sufficient to show a touching. The degree of the injury makes you...
I would recommend contacting us at your earliest convenience. This matter is serious. In response to your question -- yes, you can be charged with assault. Assault is the unwanted touching (or imminent threat of touching) of another without privilege and without consent. DC Code 22-404(a) covers the charge, which carries a maximum sentence of 180 days. In your example above, you shoved or pushed the child. That would be sufficient to show a touching. The degree of the injury makes you...
Q: Can I get Child Support if I have a Injunction in place to project myself and my child?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Florida
on
Answered on Sep 12, 2016
Answered on Sep 12, 2016
John Arthur Smitten's answer
Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
Q: My husband in in jail on pretrial for felony domestic violence by strangulation with no bond.
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Florida
on
Answered on Sep 12, 2016
Answered on Sep 12, 2016
Terrence H Thorgaard's answer
Yes, there is a filing fee. I believe you can download the divorce forms here, at no cost:
http://www.okaloosaclerk.com/index.php/records-disclaimers/79-self-help-disclaimer
Yes, there is a filing fee. I believe you can download the divorce forms here, at no cost:
http://www.okaloosaclerk.com/index.php/records-disclaimers/79-self-help-disclaimer
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.