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Domestic Violence Questions & Answers
2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Washington on
Q: Can a grandparent be added as petitioner for minor guardianship without consent in WA?

I am the uncle of a minor whose father, my brother, is currently in prison. We discovered that his wife has been verbally and physically abusive towards the minor. The minor’s grandmother was informed that we are petitioning for guardianship, but my brother and I do not want her added as a... View More

Merry A Kogut
Merry A Kogut
answered on Jul 18, 2025

I’m so sorry to hear about this situation.

Speaking very generally, anyone who is 18 or older can petition to be a minor’s guardian. Also speaking generally, no one can be a petitioner on any legal matter without their consent (usually demonstrated by their signature on the Petition)...
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3 Answers | Asked in Divorce, Domestic Violence, Estate Planning and Family Law for Florida on
Q: Am I entitled to equity in the family home sold for $300k during divorce proceedings in Florida?

I married my wife in 2006, and we have two children. In 2010, her parents purchased a home in Florida for our family while I was deployed to Afghanistan. After separating in 2014 due to multiple instances of domestic violence initiated by her, I moved out of the home but continued to provide $1,800... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jul 16, 2025

This is essentially a family law question. As an estate planning attorney, however, I can confirm that if the home was not owned by you and your wife and it was purchased by and owned by her parents and then transferred into her parents' trust as part of their estate plan, the home would not... View More

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Q: What are our rights as a family regarding updates on a murder investigation in California?

My sister was murdered in Upland, California on 12/31/2024, and our family believes it was a domestic violence incident. We siblings are advocating for our sister due to having no active parents. Initially, there were several points of contact with the police, but now we are struggling to get... View More

Louis George Fazzi
Louis George Fazzi
answered on Jul 11, 2025

Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b), victims have certain rights as enumerated in the constitutional provision.

As I read through them, however, it is unclear what kind of...
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2 Answers | Asked in Domestic Violence, Criminal Law and Gov & Administrative Law for Virginia on
Q: Charged with domestic violence assault in Virginia, concerned about jail time.

I was recently charged with domestic violence assault. I fully cooperated with the sheriff, and both my and my wife's statements matched. I was released on an unsecured bond two hours later. I've since completed an anger management class online and have signed up for ongoing anger... View More

Christopher M Bell
Christopher M Bell
answered on Jul 9, 2025

Whether you face jail time depends entirely on the judge you appear before. Some judges are lenient, some take domestic violence very seriously. With that being said, you have many mitigating factors in your favor, and you have already taken several proactive steps that will appeal to the judge.... View More

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2 Answers | Asked in Child Custody, Domestic Violence, Gov & Administrative Law and Family Law for New York on
Q: How can I find out if my daughter has an active protection order in New York?

I am the father of my daughter and have physical custody of her. I am trying to find out if my daughter still has an active protection order against her mom’s boyfriend. I am not a listed party on the protection order, but I have evidence that he has been around my daughter. I want to know how I... View More

Stephen Bilkis
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answered on Jul 7, 2025

It is completely understandable that you want to ensure your daughter's safety and confirm whether there is an active protection order in place. As a parent with physical custody, it can be frustrating to be told you cannot access information that may directly impact your child's... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Will a no contact order remain if assault charges are dropped in Virginia?

I was out on bond for a felony charge and violated my bond due to an assault charge from my girlfriend. As part of my new bond conditions, the court is issuing a no contact order. I haven't accepted bond yet because of this order. My girlfriend and I will go to court next week, and we've... View More

Christopher M Bell
Christopher M Bell
answered on Jul 9, 2025

If the assault charges are dismissed there is no bond. The bond goes away with the charges unless you have other matters that are pending before that court. The only way you would be prohibited from contacting her is if there is an active protective order in place prohibiting contact. But if there... View More

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2 Answers | Asked in Civil Litigation, Personal Injury and Domestic Violence for Illinois on
Q: What are potential civil court sentences for egging/painting a car, mental health claims, and a restraining order?

In a civil court case involving two counts of egging and painting a car with kids' paint, what might be the sentence considering these circumstances? The case includes mental health claims with a restraining order currently in effect. There are no prior disputes, and the plaintiff is seeking... View More

Charles Candiano
Charles Candiano
answered on Jul 3, 2025

This is easy. This is a small claims case as the amount in controversy is less than $10,000.00. The amount someone sues for has very little to do with anything. The Court will award the cost to repair/clean/restore the car. If a restraining order was in effect, additional monetary penalties may... View More

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4 Answers | Asked in Child Custody, Domestic Violence and Family Law for New York on
Q: How can I obtain sole custody and request supervised visitation due to safety concerns with my child's mother in New York?

I currently have physical custody and joint legal custody of my child. I want to seek sole custody and request supervised visitation for my child's mother. Previously, my child's mother had her children removed due to drug issues, and she currently only has supervised visitation with her... View More

Stephen Bilkis
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answered on Jul 7, 2025

I'm sorry you are dealing with a situation that puts your child's safety and well-being at risk. When a parent believes that the other parent is exposing the child to harm, New York law provides a way to seek court intervention and request changes to custody and visitation arrangements.... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Texas on
Q: Filing for emotional distress against abuser in Texas

I want to file for emotional distress against my mother and her husband because he sexually abused me. I have already filed a police report regarding the abuse. I have undergone therapy for a year, but it's been challenging to continue due to financial constraints. The abuse has severely... View More

John Michael Frick
John Michael Frick
answered on Jul 2, 2025

You should hire an attorney who has specific experience handling civil cases arising from sexual abuse. Attorneys with such experience are more common in larger urban areas like Houston, San Antonio, and the DFW area. Because this is a very specific niche area of law, a general personal injury... View More

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4 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: Will dismissal of order of protection affect related charges in TN?

I have a court date on 7/8/2025 related to an order of protection that has now been dismissed. Initially, I was falsely accused of pulling a knife and hitting a car, resulting in a GPS monitor I am currently wearing due to an aggravated assault charge. Both parties involved were charged with... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Jul 1, 2025

The criminal charge and the OP are two separate actions. They do not directly affect each other. A dismissal in the OP, however, can still be useful. If it was dismissed as the result of a trial, the credibility of your accuser could be questioned. In turn, this fact could be used by your attorney... View More

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Q: Can I be evicted by brother misusing POA and after filing assault charges?

In September 2004, my brother invited my family to live in my father's house to help care for him post-hip surgery and avoid assisted living. I moved in with my husband and our two children, then aged 4 and 6. Over time, my brother misused his power of attorney status, attempting to control... View More

Stephen Bilkis
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answered on Jul 1, 2025

I'm sorry you and your children are experiencing such a distressing and unstable situation. Being threatened with eviction, especially after standing up to abuse, can be overwhelming. In New York, your legal options will depend on the status of the property ownership, your current legal right... View More

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2 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Texas on
Q: Can I get custody if my wife threatened me with a knife?

I am currently in a divorce proceeding filed by my wife, with no existing court orders regarding custody. My wife has a history of assault charges and has recently assaulted me, an incident that has been reported and is under review by the county. My children witnessed her brandishing a knife to my... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2025

It is possible. Every custody case depends on its own facts and circumstances. A history of assault charges, especially if they resulted in a conviction or the entry of a protective order, is certainly something that a court would consider in determining what is in the best interests of the... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: Charged with child endangerment for sending a picture, also facing harassment charge.

I was charged with endangering the welfare of a child under section 260.10(1) due to a picture of a s** toy I sent, and there's also a harassment charge, which I don't understand why it was added. This incident occurred on June 20, and the individual involved was my girlfriend's... View More

Stephen Bilkis
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answered on Jun 30, 2025

I'm sorry you're facing this situation. Being charged with endangering the welfare of a child and harassment can carry serious legal consequences in New York, and it's understandable to feel overwhelmed about what steps to take next.

In New York, Penal Law § 260.10(1) makes...
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3 Answers | Asked in Domestic Violence and Gov & Administrative Law for New Jersey on
Q: Impact of victim's input in a NJ parole hearing for domestic violence case.

I attended a parole hearing over the phone as the victim in a domestic violence case in New Jersey. I was instructed to prepare a statement, but I was not given the opportunity to read it; instead, I was asked specific questions during the 45-minute hearing. The parole officer's tone felt... View More

Richard Diamond
Richard Diamond
answered on Jun 28, 2025

Im sorry for what occurred and how you were made to feel, but you are better off asking a criminal law attorney who has been involved in parole proceedings his / her view on the impact of your response to questions presented. As a divorce and family law attorney, I handle domestic violence matters... View More

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3 Answers | Asked in Divorce, Domestic Violence, Child Support and Family Law for Texas on
Q: Divorced, ex not paying spousal maintenance, harassment, TX

I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

Raymond Chow
Raymond Chow
answered on Jun 27, 2025

If your ex-husband is failing to make spousal maintenance payments or threatening to stop them, you can file a Motion for Enforcement of Spousal Maintenance in the family court that issued your decree. The court can order him to pay arrears, issue a judgment against him, and, in some cases, hold... View More

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3 Answers | Asked in Divorce, Domestic Violence, Child Support and Family Law for Texas on
Q: Divorced, ex not paying spousal maintenance, harassment, TX

I am divorced and my ex-husband, who was a serial cheater and abusive, agreed to pay me monthly spousal maintenance as outlined in our divorce decree. We were married for 23 years, and I didn't work for 12 years during our marriage. Recently, he has been harassing me, especially after I... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2025

You can see if you qualify for pro bono legal assistance at one of the many pro bono legal clinics in the State of Texas. Legally, you also can represent yourself; however, I would not recommend it. Unless you are thoroughly familiar with the legal process and what needs to be done, I do not... View More

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3 Answers | Asked in Divorce, Domestic Violence and Family Law for Nevada on
Q: Seeking spousal support after 44-year marriage and abuse, facing financial hardship.

I was married for 44 years and legally separated. During our separation proceedings for spousal support, despite my husband's significant income of $7,000 monthly, the judge denied my request for support, stating that even if granted, he would not pay. I receive $1,100 monthly and have left... View More

Jennifer Setters
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answered on Jun 26, 2025

Understanding Your Legal Position

After a 44-year marriage, especially with a documented history of domestic violence and significant income disparity, your case strongly aligns with the traditional criteria for long-term spousal support (alimony). Courts often look at:

Length of...
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3 Answers | Asked in Divorce, Domestic Violence and Family Law for Nevada on
Q: Seeking spousal support after 44-year marriage and abuse, facing financial hardship.

I was married for 44 years and legally separated. During our separation proceedings for spousal support, despite my husband's significant income of $7,000 monthly, the judge denied my request for support, stating that even if granted, he would not pay. I receive $1,100 monthly and have left... View More

Philip Spradling
Philip Spradling
answered on Jun 26, 2025

Your case for spousal support certainly seems a good one, and "he would not pay" is not generally a valid basis for denying spousal support.

What the judge might be saying is that if he will not pay monthly spousal support, then you need to look at alternative ways to obtain...
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2 Answers | Asked in Domestic Violence and Personal Injury for Indiana on
Q: What steps should we take after no-contact and protective orders were violated?

I was involved in a park incident where Winston, my wife's ex-boyfriend, was arrested on domestic violence charges with bodily injury after I was sent to the hospital with sore ribs and a concussion. Both my wife and I filed no-contact orders and protective orders (PO) against Winston, and he... View More

Charles Candiano
Charles Candiano
answered on Jun 25, 2025

When someone violates a protective order, you contact the police immediately. The primary reason for seeking a protective order is to keep a potentially dangerous person away from you. The police can and will enforce a protective order. It is important that all parties respect protective... View More

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Q: Can I request emergency financial aid to relocate due to landlord harassment & ongoing legal issues?

I've been involved in a difficult situation with my landlord, from a physical assault to being tracked through an AirTag, confirmed by the Sacramento County Sheriff's Department. Due to stalking, I've been granted a Temporary Restraining Order. I've also filed a civil complaint... View More

Sebastião Morais
Sebastião Morais
answered on Jun 25, 2025

Given the gravity of your situation—including stalking confirmed by law enforcement, a granted Temporary Restraining Order (TRO), verified code violations, and ongoing harassment—you may have grounds to request emergency relocation assistance through various state or county programs. While... View More

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