Domestic Violence Questions & Answers by State
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Domestic Violence Questions & Answers
Q: I was physically abused by my ex and left. It’s been 2.5yrs. I’ve sustained emotional trauma. Can I sue for damages?
Paul Stanko's answer
This is not a criminal law question. You should consult a personal injury lawyer.
This is not a criminal law question. You should consult a personal injury lawyer.
Q: Will anyone help a single mom in Forsyth county stop a wealthy ex husband and his family from violating a court order?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Georgia
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Kim Ebert's answer
Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.
Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.
Q: If my husband filed a restraining order against me a no contact order and then picks me up from jail afte4 day sentence
Dale S. Gribow's answer
did he hold you against your will?
much more info needed.
did you go willingly with him.
if he did something wrong you can report him to your local arresting agency......out here it would be RCO Sheriffs.
did he hold you against your will?
much more info needed.
did you go willingly with him.
if he did something wrong you can report him to your local arresting agency......out here it would be RCO Sheriffs.
Q: I filed charges on my ex for domestic violence. Him and his grandma went under oath and lied to the jury.
Matthew Williams' answer
Pursuing a perjury investigation on your own is not likely to yield a good result. Your best bet at this point is probably to pursue a civil protection order for yourself and your children. Any violation of that order could be prosecuted as a separate crime.
Pursuing a perjury investigation on your own is not likely to yield a good result. Your best bet at this point is probably to pursue a civil protection order for yourself and your children. Any violation of that order could be prosecuted as a separate crime.
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
Alabama
on
Answered on Feb 14, 2019
Answered on Feb 14, 2019
Mr. James Parrish Coleman's answer
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant visitation of the child with you.
Q: Its for a Pn 273.5(a) My wife and I wanted to know?
1 Answer
| Asked
in
Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.
S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.
I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.
SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.
YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.
S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.
I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.
SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.
YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC
Q: Why would a prosecutor file charges against someone for interfering with the reporting of a crime if no crime happened?
Andrew L. Bennett's answer
The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.
The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.
Q: Hi my ex wife put a restraining order out on me she lied on the paperwork what can i do
Leonard R. Boyer's answer
You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience to help you and represent you in this case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience to help you and represent you in this case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: what does this mean? "Order Denying Injunction Before Hearing Recorded"
Terrence H Thorgaard's answer
It appears that the judge denied her request for a restraining order, and signed an order so denying it. Then the order was recorded (so as to possibly constitute some sort of a lien on real property).
It appears that the judge denied her request for a restraining order, and signed an order so denying it. Then the order was recorded (so as to possibly constitute some sort of a lien on real property).
Q: Can the court give a restraining order without consent of the victim?
Dale S. Gribow's answer
more info needed but yes it is possible.
you need to retain a lawyer or ask the court to appoint one.
more info needed but yes it is possible.
you need to retain a lawyer or ask the court to appoint one.
Q: I was given full custody of my children and the same day that I got the full custody, the mother decided to file for DV
1 Answer
| Asked
in
Child Custody, Family Law and Domestic Violence
for
Puerto Rico
on
Answered on Feb 6, 2019
Answered on Feb 6, 2019
Nelson Jose Francisco Alvarez-Aponte's answer
Hello and thank you for using JUSTIA. In order for the Court in Puerto Rico have jurisdiction over any event said event has to have taken place within Puerto Rico. An event that happened in Pennsylvania would not be litigated in Puerto Rico. The criminal code of Puerto Rico (33LPRA) clearly establishes this fact in article 3.
In any criminal case it is highly recommended that you be represented by an Attorney during the probable cause hearing (34 LPRA 6). This is the inicial hearing...
Hello and thank you for using JUSTIA. In order for the Court in Puerto Rico have jurisdiction over any event said event has to have taken place within Puerto Rico. An event that happened in Pennsylvania would not be litigated in Puerto Rico. The criminal code of Puerto Rico (33LPRA) clearly establishes this fact in article 3.
In any criminal case it is highly recommended that you be represented by an Attorney during the probable cause hearing (34 LPRA 6). This is the inicial hearing...
Q: What can you do when someone makes false domestic violence reports to police?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Tennessee
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
Q: How to get a domestic violence charge thrown out if the victim is willing to drop the charges?
Leonard R. Boyer's answer
You need to each retain an experienced matrimonial attorney, with extensive domestic violence trial experience to handle this matter, otherwise there is no telling what could happen and it still may not end well without counsel. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
You need to each retain an experienced matrimonial attorney, with extensive domestic violence trial experience to handle this matter, otherwise there is no telling what could happen and it still may not end well without counsel. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
Q: My husband has anger issues and has been getting increasingly worse.
1 Answer
| Asked
in
Divorce, Family Law and Domestic Violence
for
Michigan
on
Answered on Feb 3, 2019
Answered on Feb 3, 2019
Brent T. Geers' answer
Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.
Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.
Q: How do I get help dropping a no contact order
Brent T. Geers' answer
Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.
Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.
Q: How long is a maditoru restraining order in place for after I completed all requirements probation ECT..
Mr. H. Michael Steinberg's answer
A mandatory restraining order, unless it is modified prior to or during probation, remains in fully force and effect. That means there is no automatic modification of the order without filing a motion to modify the restraining order and asking a judge to modify it. Otherwise it terminates when probation terminates.
A mandatory restraining order, unless it is modified prior to or during probation, remains in fully force and effect. That means there is no automatic modification of the order without filing a motion to modify the restraining order and asking a judge to modify it. Otherwise it terminates when probation terminates.
Q: Is it possible to have gun rights restored after 1203.4
Dale S. Gribow's answer
much more info is needed.
if a lawyer handled the 1203 then that is the person to ask.
otherwise, you need to see up an appt with a criminal lawyer that handles cases in the court involved and have him look at minute order etc to check court ruling................but it sounds like it might be possible.
much more info is needed.
if a lawyer handled the 1203 then that is the person to ask.
otherwise, you need to see up an appt with a criminal lawyer that handles cases in the court involved and have him look at minute order etc to check court ruling................but it sounds like it might be possible.
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