Domestic Violence Questions & Answers

Q: If my ex contacts me first after she set a protection order what will happen. Will the case get dropped

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on
Answered on Aug 14, 2018
Stewart Whaley's answer
No, the case will not get dropped because she contacted you.

Do not interact with her unless/until the order of protection is resolved (if there hasn't been a hearing) or until it expires, if it is already in place. Hard to tell exactly what the situation is by just reading the statement that was posted.

Q: Would withholding medical checkups to a minor be considered neglect? Also refusing to provide food and being controlling

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Answered on Aug 14, 2018
M. Nicole Clooten's answer
In order to answer this question, I need some more information. Is your partner a minor or under guardianship? If he is a minor, this likely does not meet the threshold for neglect unless she has actually caused him harm from these threats. Also, there is a difference for what constitutes neglect for child protective services and criminal neglect. I am fairly certain, based on the facts provided, that the elements of criminal neglect have not been met.

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

Q: How do you prove non-physical domestic violence in New Jersey?

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Aug 14, 2018
Leonard R. Boyer's answer
You prove it through testimony and evidence.

Q: Bf was arrested for abusing me. We never lived together.It was caught on surveillance.Will this be a domestic vio charg

1 Answer | Asked in Domestic Violence for Louisiana on
Answered on Aug 12, 2018
Ellen Cronin Badeaux's answer
You have an attorney, the District Attorney's Office. This is who you should be talking to about your case.

Q: My parents have been married for 58 years and my Dad has recently been mentally and emotionally abusing my Mother.

1 Answer | Asked in Domestic Violence for Florida on
Answered on Aug 10, 2018
Terrence H Thorgaard's answer
Why don't you ask this question in Justia › Ask a Lawyer › Georgia ›?

Q: Can a criminal protective order against my son include me and his mom and prevent us from entering the house I own?

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Answered on Aug 10, 2018
John Kenneth Joyner's answer
The protective order restrains whoever it is being enforced against. The restrained party has the obligation to make sure they do not come in contact with the protected parties, whoever they may be. If the protective order includes no contact and/or requires whoever the restrained party is be a certain distance away from the protected parties, then it is the obligation of the person who is restrained to stay away from those who are protected. If you need this order modified, you can request...

Q: What should I do?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Aug 10, 2018
Andrew Bennett's answer
You should consult with an attorney before you speak to the police and prosecutor, depending on what you say you do not want to open yourself to any false informing charge.

Q: No custody order. Can I keep my daughters father from having unsupervised visitation with her?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Answered on Aug 9, 2018
Amanda Bowden Houser's answer
You don't get to dictate the terms of visitation, no matter how well intentioned you are. If you are going to refuse his requests for visitation or even impose restrictions, you had better have extreme good cause that you can prove to the court. Rolling up into court with what your 'gut is telling you' likely won't cut it and you are correct that it will very likely 'look bad' in court. That said, leaving her alone in a car and showing up drunk is likely good cause but you'd better be able...

Q: If a stepfather is protecting two stepchildren and his own daughter from the abusive and neglectful mother

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
If the stepfather does not have legal custody, then he could be arrested if he does not give the children to the person who has custody. Stepfather can file for custody or can file for guardianship, and the court will decide what is in the best interest of the children. Stepfather should retain a local family law attorney to represent him.

Q: My ex husband used physical, financial, and psychological abuse which I’d like to report after two months of being

1 Answer | Asked in Domestic Violence for Alabama on
Answered on Aug 8, 2018
Mr. James Parrish Coleman's answer
If you are divorced, you are too late. You should have raised those issues at trial.

Q: Can a man file a domestic violence claim against a woman or it is only the other way around?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Aug 6, 2018
Herman Martinez's answer
A man or a woman may file a domestic violence complaint/claim.

Q: MY WIFE of 20 years is trying to bring her 29 year old daughter, who is 5150 with drug, and violence problems into our

1 Answer | Asked in Civil Litigation and Domestic Violence for California on
Answered on Aug 6, 2018
Dale S. Gribow's answer
need more info

i would suggest calling the police for courtesy supervision so that they are there when she arrives and in order to avoid a situation.

This is something you have to work out with your spouse. Understandably she does not want to abandon her daughter, but she must recognize the history that has developed b/c of her daughter.

maybe you have to suggest you live apart until this issue is resolved.

Q: Can I amend lawsuit that's been filed already and get a default judgment?

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Domestic Violence for Florida on
Answered on Aug 6, 2018
Terrence H Thorgaard's answer
You have a choice: either go for a default judgment; or amend your complaint, get him served with the amended complaint, and see if he responds to that. You cannot file another lawsuit for the PTSD; it would normally be considered part of your first lawsuit.

Q: does an order of protection remain if child custody is changed

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for Arkansas on
Answered on Aug 6, 2018
James E Hensley Jr's answer
Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain permission from the Judge and not just the grandma.

Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation...

Q: Does an employer have to give domestic violence victims time off work?

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Aug 3, 2018
Leonard R. Boyer's answer
Yes they are required to do so by statute. The New Jersey Security and Financial Empowerment Act “NJ SAFE Act” is a job protection statute that provides 20 days of protected unpaid leave for an employee who is the victim of domestic violence or sexual assault, or, whose child, parent, spouse, civil union partner, or domestic partner was the victim.

Morally, it is also the right thing to do.

Q: Is a conviction for a Contempt - Violate DV Restraining Order 2C 29 9B(2) a felony?

2 Answers | Asked in Domestic Violence for New Jersey on
Answered on Aug 3, 2018
H. Scott Aalsberg Esq.'s answer
IN general a violation of a restraining order could be a 4th degree crime which is equivalent to a felony in most states. It is punishable by up to 18 months in jail.

Q: Being accused of d.v in ohio for the first time.. no money for a lawyer, what should I do?

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Aug 3, 2018
Matthew Williams' answer
Plead not guilty and ask the court to appoint an attorney for you. You are entitled to counsel, even if you cannot afford it.

Q: I, a domestic violence case, can charges be added to case if there was no arrest

1 Answer | Asked in Domestic Violence for California on
Answered on Aug 2, 2018
Dale S. Gribow's answer
MORE INFO NEEDED

DON'T TALK ON INTERNET ABOUT A SERIOUS CASE LIKE THIS.

IF YOU CAN AFFORD A LAWYER CALL ME AND I WILL GIVE YOU SOME NAMES FOR YOUR AREA.

A DA CAN FILE CHARGES FOR ANYTHING THAT THE FACTS SUGGEST.

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