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Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
Read more »

1 Answer | Asked in Domestic Violence and Criminal Law on
Q: Can they charge someone with domestic violence that3rd party hearsay

My friend was charged with domestic violence. No cop present with someone else saying she did it. There was a mark on his face but he did that himself not her.

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

A person can be charged with domestic violence based on a statement given by a third party who claims to have witnessed the acts. A police officer does not need to personally witness the violence. In fact, it is extremely rare that the police officer personally witnesses the violence. Often, it... Read more »

1 Answer | Asked in Constitutional Law and Domestic Violence for Tennessee on
Q: I pleaded guilty to a domestic violence charge 25 years ago in Tennessee,Why can’t I get my constitutional right back?

I would like to hunt and protect myself but I feel helpless.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2023

Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.

1 Answer | Asked in Domestic Violence for Ohio on
Q: if I have been subpeoned on a domestic as a witness.do I have to testify against my husband
Matthew Williams
Matthew Williams
answered on Jan 31, 2023

If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on
Q: What does run concurrent mean
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 30, 2023

Sentences on different courts can run at the same time rather than back to back.

1 Answer | Asked in Domestic Violence for California on
Q: Can I contest a restraining order as the protected party in Los Angeles County?

My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 30, 2023

YOU MUST REMEMBER THAT THE PEOPLE OF THE STATE OF CALIFORNIA ARE THE VICTIM..........NOT YOU.

ONLY THE DA CAN DECIDE ON FILING..............

THE JUDGE JUST DEALS WITH SENTENCING IF THERE IS A PLEA OR CONVICTION.

I WOULD TALK TO HER LAWYER TO EXPLAIN YOUR POSITION AND HOW YOU CAN ASSIST.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: A pc242 telephone hearing scheduled for my brother,who kicked out of his place a girl I was dating., She showed up drunk

She was drunk and angry,yelling and threatening me.,My brother ask her to leave.,She wouldn't.,my brother is 70 years old

Dale S. Gribow
Dale S. Gribow
answered on Jan 27, 2023

MORE INFO IS NEEDED.

YOU SHOULD EITHER SET UP A CONSULTATION WITH A LOCAL CRIMINAL LAW ATTORNEY OR, AT THE FIRST APPEARANCE BEFORE THE JUDGE, ASK TO HAVE A PUBLIC DEFENDER APPT'D TO REPRESENT YOU.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

1 Answer | Asked in Domestic Violence for Florida on
Q: Is the granting of a TRO (Temporary Restraining Order) or Temporary Injunction considered “Affirmative Relief”?

Is the granting of a TRO (Temporary Restraining Order) considered “Affirmative Relief” — even without yet a Final Hearing?

Or is a TRO a different type / category of relief?

(The Final Hearing has been continued / delayed to allow Discovery.)

Even though it is a TRO... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 27, 2023

Why do you ask: "considered affirmative relief" for what purpose?

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: what if you are at your house and step out in the yard and they smell it and u go to jail because it's on your side.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 23, 2023

Hire an attorney to prepare for a Preliminary Hearing. Do not get in more trouble.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I'm victim in DV case. Got subpoena in mail. Do I have to appear at pre-trial? Ohio

I want charges dropped. Subpoena was mailed not served. Do I have to appear at the pre-trial?

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 22, 2023

Yes if you were subpoenaed. Some judges work on DV’s at pre trial.

2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 22, 2023

You should file a violation petition with the court and perhaps a modification petition to change the supervisor of the visits.

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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1 Answer | Asked in Domestic Violence and Family Law for Arizona on
Q: Legally what can be done if you have a domestic stalker?

I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Jan 21, 2023

If you want them prosecuted, you need to make a police report.

You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.

1 Answer | Asked in Domestic Violence on
Q: On the basis of relation alone, how far removed can individuals be for it to still be considered domestic violence?
John Michael Frick
John Michael Frick
answered on Jan 21, 2023

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.

2 Answers | Asked in Domestic Violence for California on
Q: I identified alters documents submitted to the court in a restraining order case as evidence. What should I do now?

altered*

John Karas
John Karas
answered on Jan 19, 2023

Hire a lawyer in your area. If you try to DIY and make a mistake, the RO may be issued and then you would need to hire a lawyer to file an appeal on your behalf which would be far more expensive.

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