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Domestic Violence Questions & Answers

1 Answer | Asked in Domestic Violence for Tennessee on

Q: Me and my fiance where involved in a domestic violence about 5 months ago and we got caught together twice

What will happen to her and 1 of the time she got arrested she was out of County and they let her go but this time she caught another charge in County I just don't know what to expect could you tell me an answer

Anthony M. Avery answered on Jun 18, 2019

Your question does not make sense, but I can tell at least your Girlfriend needs to hire a competent attorney immediately. Domestic Assault is commensurate with a Felony, and is worse than some. It will be permanent. She needs to find a way to get it Dismissed or Diverted, Dismissed and Expunged.

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Texas on

Q: Can you get a no contact order if your spouse is in a different state?

Kiele Linroth Pace answered on Jun 14, 2019

Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas on

Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »

Kiele Linroth Pace answered on Jun 14, 2019

The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: After a domestic violence case will my husband be allowed to return home?

Kathryn Hilbush answered on Jun 13, 2019

I think an awful lot more information is needed before this question can be answered. If you and your husband are on decent terms, perhaps he'd allow you to discuss this with his attorney, although, if you're the victim of the abuse, that may not be permissible. have you considered going to one of... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Pennsylvania on

Q: If in my statement I said that my husband choked me but i could still breathe, but really i was nervous when I wrote

That, and he only grabbed me and let go immediately, what do I do? If i recant my statement its like i lied and technically i didnt because choking means you cant breathe at all. He has a defense attorney but im scared he'll get jail time. What can I do? If I tell the DA the real story they could... Read more »

NiaLena Caravasos answered on Jun 13, 2019

You should not be discussing this in a public forum. You need to consult privately with a criminal lawyer.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: Is there a law about filing protection order an then getting back with person u filed against?

My friend filed against her husband an now they back together

Robert Allen Thornton answered on Jun 13, 2019

If the protective order is still live, he could be arrested at any time. If she got the protective order through a private attorney, she would ask the attorney to nonsuit the case. If she got it through a district attorney's office, she needs to be careful how she approaches the prosecutor. The... Read more »

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1 Answer | Asked in Domestic Violence and Juvenile Law for Michigan on

Q: I live in Michigan. I was arrested for domestic violence. I had a fight with my brother that went a little too far.

I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?

Brent T. Geers answered on Jun 13, 2019

The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that you've been... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on

Q: If charged with a domestic abuse battery charge and is a felon

Ellen Cronin Badeaux answered on Jun 13, 2019

Uou need a criminal attorney immediately.

2 Answers | Asked in Criminal Law and Domestic Violence for Illinois on

Q: Is there any way I can get them to drop the charges

My bf hit me and I called the cops they arrested him but I told them I didn’t want anything to happen like him going to jail Bc we have a kid on the way but I guess it was out of my hands and they charged him anyway he has a lengthy record of other little things and this was the first... Read more »

Juan Ooink answered on Jun 12, 2019

He needs a criminal defense attorney. The sooner you or his family or friends hire an attorney for him the better.

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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on

Q: I would like to obtain an order of protection how do i go about that?

My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... Read more »

Lawrence Allen Weinreich answered on Jun 11, 2019

What you can do is file for an order of protection in family court.

2 Answers | Asked in Criminal Law and Domestic Violence for Georgia on

Q: I was served with a pre-warrant but am innocent.

My wife’s ex husband tried to force his way into my home so I pushed him enough to get him out of the house. He has filed a pre-warrant for simple assault. I have a witness that is a minor and three police officers told us that I had every right to defend my home and that the aggressor could not... Read more »

Robbie Levin answered on Jun 11, 2019

The court has set a hearing to determine whether there is probable cause to issue an arrest warrant. You will need to attend the hearing, and I would suggest hiring an attorney for the hearing.

For more info visit my website at www.LevinLawyerGa.com

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on

Q: 1 dv charge husband plead not guilty but requested no court appointed lawyer can't afford his own ?

my husband and i got into an argument it was loud out of control the police was called to get order but the police took my husband because the way he was speaking and charged him with dv even when i stated he not a threat and i do not want to press charges now he has a tpo and a dv pending the... Read more »

Matthew Williams answered on Jun 10, 2019

He really ought to either hire an attorney or ask the court to appoint one.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on

Q: 1 dv charge husband plead not guilty but requested no court appointed lawyer can't afford his own ?

my husband and i got into an argument it was loud out of control the police was called to get order but the police took my husband because the way he was speaking and charged him with dv even when i stated he not a threat and i do not want to press charges now he has a tpo and a dv pending the... Read more »

Joseph Jaap answered on Jun 10, 2019

The police who responded could testify. It is up to the court to decide. If you have been issued a subpoena, if you don't appear to testify, you could be subject to arrest. He should retain an attorney.

1 Answer | Asked in Domestic Violence for Colorado on

Q: Is there an exception to the rule of a 13_14_106 Colorado statue of permanent restraining order.i

I have had no contact in 12 yrs and I'm trying to have it removed. I have had no. associated people attempt service and a paid process server and they are unable to locate the individual. I have filed motion and continuances to no help on my part. Can you please assist me

Sabra M. Janko answered on Jun 9, 2019

If you are unable to serve the other party, then you can submit a motion for service by publication to the Court. You will, however, have to establish to the court the steps that you took to locate the other person.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Louisiana on

Q: If I left my belongings at my ex girlfriend's house...and now she wont give it back...what can I do to get my things?

She says she dont have them and that I took them with me...but I didnt...the clothes are my companies not mine...the rest she can have

Ellen Cronin Badeaux answered on Jun 8, 2019

Your only recourse is justice of the peace course or suck it up and buy new uniforms.

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1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can i get in trouble for continuing my relationship with my boyfriend who has a dv with me and is taking it to trial?

My boyfriend and I had started out in what i thought to be a dream vome true relationship. However, september of last year we got into a scuffle over something he was hiding on his phone. The cops got invovled and now he is taking it to trialeven though he admitsto me to what he did. He began... Read more »

Douglas T. Cohen answered on Jun 7, 2019

If this is in Colorado, there is a mandatory protection order that prohibits your boyfriend (the defendant) from contacting you.

You cannot get in trouble for contacting him (unless you are breaking some other law), but he can get in trouble for having contact with you in violation of the...
Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on

Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Kiele Linroth Pace answered on Jun 7, 2019

Even if you were currently having an affair that would not be a legal justification for a physical assault. You could contact the District Attorney's office in your county of residence and ask how to apply for a Family Violence Protective Order on the basis of the physical assault. You can also... Read more »

2 Answers | Asked in Domestic Violence for Texas on

Q: I was in a dispute with my bf and I defended myself and got a violence charge. I still haven't been to court for this.

What can I do to get this off my record? And if I waited a long time already does that mean they can just drop the case?

Kiele Linroth Pace answered on Jun 7, 2019

A separate legal process called an EXPUNCTION is required to get the records of your arrest and prosecution off your criminal history background report. However, most people who are arrested will never be eligible for an expunction. There are several ways to become eligible but by far the most... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for California on

Q: My brother was remained at court on 06/04/2019 for violating his Restraining order to stay away from his ex-wife.

Well the reason the judge said he violated his Restraining order is because he had to drive through this street that happens to pass by the street his Ex-wife lives on in order to get to his job he was currently working at. He does land escaping so he works all over. So my question is how is it... Read more »

Gary Kollin answered on Jun 6, 2019

Remained or remanded?

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on

Q: What does s notice to seek enhanced punishment or impeachment mean?

Mr. Kent Thomas Jones Esq. answered on Jun 6, 2019

Generally, in my experience, the District Attorneys file notices to seek enhanced punishment when you refuse their plea bargain and decide to fight.

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