Domestic Violence Questions & Answers by State
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Domestic Violence Questions & Answers
Q: I have a temporary restraining order on my husband he was served but I never recieved any keys since he was evicted
Ellen Cronin Badeaux's answer
Are you saying you were granted use of the home or that he was evicted by a landlord? The animals are community property and it is your duty to maintain them.
Are you saying you were granted use of the home or that he was evicted by a landlord? The animals are community property and it is your duty to maintain them.
Q: If PFA expires on 04/20/18 will defendant be allowed back to normal activity as of THAT DAY or the day after?
Kathryn Hilbush's answer
If this is a question about a PFA in CT, I can't answer it because it somehow ended up going out to the PA attorneys. That's a good question and, frankly, I wouldn't advise a client to take any action contrary to the PFA until after 4/20/18. That one day matters little when compared to a possible misunderstanding of the expiration date and a possible arrest for contempt, even if ultimately proven to be in error. I strongly urge you to discuss your overall situation with an experienced family...
If this is a question about a PFA in CT, I can't answer it because it somehow ended up going out to the PA attorneys. That's a good question and, frankly, I wouldn't advise a client to take any action contrary to the PFA until after 4/20/18. That one day matters little when compared to a possible misunderstanding of the expiration date and a possible arrest for contempt, even if ultimately proven to be in error. I strongly urge you to discuss your overall situation with an experienced family...
Q: Ex had a domestic violence expunged in Texas in 2014. Now has a domestic Violence warrant in Ohio. Will this be a felony
Matthew Williams' answer
Yes, they can find it all. Will they find it all is a different question. Yes, it could be charged as a felony if they find the prior conviction and/or other circumstances would make it a felony (pregnant victim, serious physical harm).
Yes, they can find it all. Will they find it all is a different question. Yes, it could be charged as a felony if they find the prior conviction and/or other circumstances would make it a felony (pregnant victim, serious physical harm).
Q: I NEED to get OUT of this so called contract i was pretty much forced to sign!
Timothy Denison's answer
If you were forced to sign the contract under duress, it probably won’t be enforceable in court. Also, unless you received some consideration (benefit) for signing this contract, it is pretty much unenforceable for failure of consideration.
If you were forced to sign the contract under duress, it probably won’t be enforceable in court. Also, unless you received some consideration (benefit) for signing this contract, it is pretty much unenforceable for failure of consideration.
Q: Can my former roommate say that she "fears" me even though we no longer talk or hang out in order to keep an FRO
Leonard R. Boyer's answer
There is a lot more than that to obtaining an FRO. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). You need to retain an experienced...
There is a lot more than that to obtaining an FRO. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). You need to retain an experienced...
Q: Can a restraining order prevent someone from being a RN or Lawyer? The order was entered by default.
Leonard R. Boyer's answer
Yes it can. You need to retain an experienced matrimonial attorney with extensive domestic violence trial experienced to get the Default Vacated and then hopefully be able to win at trial. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
Yes it can. You need to retain an experienced matrimonial attorney with extensive domestic violence trial experienced to get the Default Vacated and then hopefully be able to win at trial. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
Q: see below
Jasmine D. Rippy's answer
Yes, you would have to leave if he was granted a PPO against you. If you feel that the PPO isn’t warranted, you can seek to terminate it. This involves filing a motion to terminate the PPO with the court and scheduling a hearing date. I would suggest hiring an attorney to do this for you because you will have a better chance of getting the PPO terminated.
Yes, you would have to leave if he was granted a PPO against you. If you feel that the PPO isn’t warranted, you can seek to terminate it. This involves filing a motion to terminate the PPO with the court and scheduling a hearing date. I would suggest hiring an attorney to do this for you because you will have a better chance of getting the PPO terminated.
Q: I gave an open divorce case in Kerrville and there seems to be some weird things going on with it. Cause number 161020C.
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Texas
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Kiele Linroth Pace's answer
It sounds like you need to hire a family law attorney to handle your divorce in Kerr County.
It sounds like you need to hire a family law attorney to handle your divorce in Kerr County.
Q: What happens after you file a domestic battery police report but not an order of protection? Will abuser get contacted?
Juan Ooink's answer
If you filed a police report, it is likely that your boyfriend will be charged and arrested for Domestic Battery, which will absolutely cause him issues with his Probation.
If you filed a police report, it is likely that your boyfriend will be charged and arrested for Domestic Battery, which will absolutely cause him issues with his Probation.
Q: My name is Amy Shoemaker. My father has been detained in Cobb county adult detention in Atlanta GA. He has been detained
Robbie Levin's answer
From what you describe, it sounds like he has been charged with misdemeanors. The maximum sentence on each misdemeanor would be 12 months in jail. Most misdemeanors also carry a maximum fine of $1,000. However firing a gun under the influence is considered a High & Aggravated misdemeanor, so the maximum fine is higher.
He should definitely speak to a lawyer. For more info, visit my website at www.LevinLawyerGa.com
From what you describe, it sounds like he has been charged with misdemeanors. The maximum sentence on each misdemeanor would be 12 months in jail. Most misdemeanors also carry a maximum fine of $1,000. However firing a gun under the influence is considered a High & Aggravated misdemeanor, so the maximum fine is higher.
He should definitely speak to a lawyer. For more info, visit my website at www.LevinLawyerGa.com
Q: How can I get a 3rd degree domestic violence charge in Alabama removed, I was 20 at the time and plead guilty.
Mr. James Parrish Coleman's answer
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
This is an excellent example of how ignorance of the law can really hurt a person. You have pleaded guilty to DV3rd and now wish you had not. Alabama's law on expungement won't work when you pleaded guilty.
Your YO status is long gone.
Q: What happens to me if i dont appear in court as a witness
Terrence H Thorgaard's answer
If you were served with a subpoena, you can be made to explain to the judge why you shouldn't be held in contempt of court.
If you were served with a subpoena, you can be made to explain to the judge why you shouldn't be held in contempt of court.
Q: What are my legal options in this child support debacle?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
California
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Dale S. Gribow's answer
need more info for a family law attorney.
i handle criminal and negligence.
if you are in a position to afford a family law lawyer i will give you some names.
otherwise, you should contact legal aid.
dale@dalegribowlaw.com
need more info for a family law attorney.
i handle criminal and negligence.
if you are in a position to afford a family law lawyer i will give you some names.
otherwise, you should contact legal aid.
dale@dalegribowlaw.com
Q: my husband is verbally mentally physically and financially abusive what can i do i am in college and looking for work
2 Answers
| Asked
in
Domestic Violence, Family Law and Divorce
for
Louisiana
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Douglas Lee Bryan's answer
If he has been physically abusive to you recently, you can file a petition seeking a restraining order and use of the marital home. The judge can also award temporary spousal support and other relief, such as use of a vehicle.
If he has been physically abusive to you recently, you can file a petition seeking a restraining order and use of the marital home. The judge can also award temporary spousal support and other relief, such as use of a vehicle.
Q: If you werent convicted of domestic violence, why is it still on your report?
Juan Ooink's answer
Until the matter is expunged, it will remain as a matter of public record for the rest of your life. I suggest contacting an attorney to assist you with expungement proceedings.
Until the matter is expunged, it will remain as a matter of public record for the rest of your life. I suggest contacting an attorney to assist you with expungement proceedings.
Q: I have a couple of questions in one.
1 Answer
| Asked
in
Divorce, Family Law, Domestic Violence and Elder Law
for
California
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Dale S. Gribow's answer
need more info
i don't do family law and that is the type of lawyer you appear to need.
have you tried legal aid? this isinfo i had in my computer
Desert Legal Aid
777 E. Tahquitz Cyn Way, Suite 10012
PO Box 5563
Palm Springs Ca 92263-5563
318-2801
Michael Eicksteadt Found, Exec Dir
Inland co legal services 760 342 1591
Kimberly Lynch Public Service Law Corporation
Riverside Co Bar Assoc's Legal Aid...
need more info
i don't do family law and that is the type of lawyer you appear to need.
have you tried legal aid? this isinfo i had in my computer
Desert Legal Aid
777 E. Tahquitz Cyn Way, Suite 10012
PO Box 5563
Palm Springs Ca 92263-5563
318-2801
Michael Eicksteadt Found, Exec Dir
Inland co legal services 760 342 1591
Kimberly Lynch Public Service Law Corporation
Riverside Co Bar Assoc's Legal Aid...
Q: Me and my boyfriend got into a fight & our son was on the bed sleepThe cops were called and they charged him child en
Dale S. Gribow's answer
more info and clarification is needed.
it sounds like an argument and someone called police and H was arrest for domestic violence..............on a child?
if he hit, touched, shover either of you he could have problems and he needs a lawyer asap.................maybe a good lawyer cut off filing by DA
more info and clarification is needed.
it sounds like an argument and someone called police and H was arrest for domestic violence..............on a child?
if he hit, touched, shover either of you he could have problems and he needs a lawyer asap.................maybe a good lawyer cut off filing by DA
Q: I live in NJ and wanted to know what process would I have to follow in order to get my permit and weapon back
Leonard R. Boyer's answer
You need to retain an experienced domestic violence attorney to resolve both the domestic violence case and the return of your weapons, if the domestic violence case is dismissed or you win at trial. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
You need to retain an experienced domestic violence attorney to resolve both the domestic violence case and the return of your weapons, if the domestic violence case is dismissed or you win at trial. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
Q: My daughter has a child with a man she does not want to marry because he’s a drunk w/ potty mouth. Can she get custody?
1 Answer
| Asked
in
Child Custody, Domestic Violence and Family Law
for
South Carolina
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Cheryl Ann Truesdale's answer
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of court's office.
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of court's office.
Q: Can I still bail someone out even thought I'm the victim of domestic violence but pressed no charges against him.
Randi Sirlin's answer
I would be happy to answer your question. If you were the victim of domestic violence, you definitely do not need to ask to press charges, but ultimately, it is up to the state to decide whether to prosecute or not.
If you need further information, please contact an experienced family law or criminal defense attorney.
I would be happy to answer your question. If you were the victim of domestic violence, you definitely do not need to ask to press charges, but ultimately, it is up to the state to decide whether to prosecute or not.
If you need further information, please contact an experienced family law or criminal defense attorney.
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