Domestic Violence Questions & Answers by State
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Domestic Violence Questions & Answers
Q: Is jail time mandatory for a domestic battery offense?
Juan Ooink's answer
It depends on the charge. You should hire an attorney right away and discuss this matter with that attorney.
It depends on the charge. You should hire an attorney right away and discuss this matter with that attorney.
Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants
Nicholas Nelson's answer
With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.
Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.
***This is general legal...
With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.
Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.
***This is general legal...
Q: I am married with two children, can I move from Tennessee back to Missouri with my children?
Bennett James Wills' answer
To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.
To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.
Q: Domestic violence effect citizenship
2 Answers
| Asked
in
Domestic Violence, Immigration Law and Criminal Law
for
Tennessee
on
Answered on Jun 17, 2018
Answered on Jun 17, 2018
Carl Shusterman's answer
A criminal conviction for domestic violation is a deportation offense. Show your documents to an experienced immigration attorney before you apply for citizenship.
A criminal conviction for domestic violation is a deportation offense. Show your documents to an experienced immigration attorney before you apply for citizenship.
Q: Can dfacs in Rome GA take my children for alligations? And, they didn't investigate first. For drug abuse and FV?
Kim Ebert's answer
The State may always remove a child from the custody of any parent when, following a preliminary investigation their is some evidence of neglect or danger to the child. Whether or not parents have a background of violence may or may not be relevant to an allegation of current family violence. You should be court appointed counsel. You may always confer with an experienced family law attorney.
The State may always remove a child from the custody of any parent when, following a preliminary investigation their is some evidence of neglect or danger to the child. Whether or not parents have a background of violence may or may not be relevant to an allegation of current family violence. You should be court appointed counsel. You may always confer with an experienced family law attorney.
Q: Domestic violence case in florida not pursued/dropped due to life threatening and threaten not reported
Carl Shusterman's answer
If the husband is convicted of domestic violence, he could be placed in removal proceedings before an Immigration Judge.
If the husband is convicted of domestic violence, he could be placed in removal proceedings before an Immigration Judge.
Q: Need opinion about hard evidence
Timothy Denison's answer
Depends. Judge can make decision based on physical, testimonial and circumstantial evidence available.
Depends. Judge can make decision based on physical, testimonial and circumstantial evidence available.
Q: So, if i can't get another court date to get the tpo reversed, what can i do? Are there any other options?
P. Justin Thrailkill's answer
Please note, if this is a follow up to a previous question posted on this board the attorneys on this board cannot see who is asking the question, so we have no idea what your previous question was. If a TPO was issued against you, you likely have very little ability to get it reversed at this point. Take your TPO to an attorney and discuss your case with them. They will be able to advise you if you have options for getting it set aside or modified. If you aren't able to do so, you are just...
Please note, if this is a follow up to a previous question posted on this board the attorneys on this board cannot see who is asking the question, so we have no idea what your previous question was. If a TPO was issued against you, you likely have very little ability to get it reversed at this point. Take your TPO to an attorney and discuss your case with them. They will be able to advise you if you have options for getting it set aside or modified. If you aren't able to do so, you are just...
Q: Hello I have a misdemeanor complaint filed against me and I was wondering what can I do to not have this on my record
Dale S. Gribow's answer
need a lot more info
however, if there is a complaint already, then it is on your record.
at some point, you can possibly make a motion under 1203 to withdraw the guilty plea to this...for instance and enter not guilty, and then the court dismisses it.
need a lot more info
however, if there is a complaint already, then it is on your record.
at some point, you can possibly make a motion under 1203 to withdraw the guilty plea to this...for instance and enter not guilty, and then the court dismisses it.
Q: My neighbor walked into my house uninvited and beat up my brother and left the property. Why wasn't he arrested?
Aubrey Claudius Galloway's answer
There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the Office of the District Attorney. I have found in these situations, that unless an arrest is made at the scene, the best way to go forward with pressing charges at this point is for you or your...
There probably was not probably cause at the time to make an arrest, absent a complainant. You have a viable complaint for trespassing and your brother has one for assault/battery. Thus, you or your brother needs to file a report/information/complaint with the Police Department OR directly to the Office of the District Attorney. I have found in these situations, that unless an arrest is made at the scene, the best way to go forward with pressing charges at this point is for you or your...
Q: I missed my court date for a temp restraining order & was given a 12 month tpo. Is there anyway to get a new court date?
P. Justin Thrailkill's answer
Not likely. If you can show your notice has the wrong date, you may be able to make a motion for new trial.
Not likely. If you can show your notice has the wrong date, you may be able to make a motion for new trial.
Q: In Ark.Do you need more evidence than eye witness testimonies to get charged with Domestic Assualt. It's he said he said
Stewart Whaley's answer
Eyewitnesses one could b sufficient. More information about the exact circumstances are needed to determine the likelihood of how your case could end. Contact a defense attorney to review your case.
Eyewitnesses one could b sufficient. More information about the exact circumstances are needed to determine the likelihood of how your case could end. Contact a defense attorney to review your case.
Q: I got into a physical altercation with a friend resulting in self defense but the friend pressed charges that I cause it
Gary Johnston Dean's answer
The DA won't help you. You need a lawyer. If you truly can't afford one, apply for a court appointed one. You do NOT want a conviction for this on your record. Good luck
The DA won't help you. You need a lawyer. If you truly can't afford one, apply for a court appointed one. You do NOT want a conviction for this on your record. Good luck
Q: When declaring someone in Arkansas's address. What should law enforcement go by?
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law, Civil Litigation and Domestic Violence
for
Arkansas
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Stewart Whaley's answer
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific...
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in them searching or them telling someone else they can do it? Generally, if law enforcement has reason to believe they have the authority to grant permission, law enforcement can rely on it. For a specific...
Q: If theres a minor injury due to a domestic dispute but the victim confirms its not on purpuse can the state still charge
H. Scott Aalsberg Esq.'s answer
If the officer saw the injury the officer by law is supposed to charge him and has up to 1 year to file charges. Unfortunately even if you want the charges dropped it is not up to you, but up to the police officer, prosecutor and judge to do that and generally they won't except for good cause (he didn't do it) not that he did not mean to do it. If he does get charged get him a good criminal lawyer immediately as the more time the lawyer has to work on the case the more that lawyer can do to...
If the officer saw the injury the officer by law is supposed to charge him and has up to 1 year to file charges. Unfortunately even if you want the charges dropped it is not up to you, but up to the police officer, prosecutor and judge to do that and generally they won't except for good cause (he didn't do it) not that he did not mean to do it. If he does get charged get him a good criminal lawyer immediately as the more time the lawyer has to work on the case the more that lawyer can do to...
Q: We are separated, my husband has our son with him that is 15yrs old. He won't let me pick him up to see him.
2 Answers
| Asked
in
Divorce, Child Custody, Child Support and Domestic Violence
for
Alabama
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Michael L Capleone's answer
You need to get a court order, without one in place it will be obviously very difficult dealing with the circumstances. Without an order of the court, you both have equal rights to the child; With no visitation or custody schedule in writing.
You need to get a court order, without one in place it will be obviously very difficult dealing with the circumstances. Without an order of the court, you both have equal rights to the child; With no visitation or custody schedule in writing.
Q: How do I find out if there is still a restraining order in place again someone charged with child molestation
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Rhode Island
on
Answered on Jun 11, 2018
Answered on Jun 11, 2018
Neville Bedford's answer
You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/
You may find the information you seek on the public portal. https://publicportal.courts.ri.gov/PublicPortal/
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