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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: Tn. Aggravated domestic assault. What happens if person doesn't show that was Allegedly assaulted

I was not read read my Miranda rights either does that fall into place in anything.Can give more details over phone.

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

If the alleged victim witness does not appear in Court, the Court might dismiss it or continue it. If the Case goes before the Gran Jury, an Indictment may or may not be returned. It is a class c felony. If you said something incriminating, it will be used against you unless you file a... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I need to know how long I have to get my belongings out of my old place after the order of protection was served?
Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

You cannot go there right now. Sometimes the ex parte Order allows you to get a LEO to go with you, but if that is not in there, you cannot. At the Hearing, try to get the Judge to make such an Order within a day or two of the entry.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... Read more »

Troy Tyson
Troy Tyson answered on Jul 14, 2020

It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: How long does a temporary refrain from order lasts?

My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.

She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.

I forgive her for her... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 13, 2020

It lasts until either the court issues a final order or dismisses the case. Thus you will have to wait until your day in court. I suggest she hires a lawyer to give her the best chance of a dismissal.

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Domestic Violence for Illinois on
Q: I have not received any notice of hearing or procedures for divorce decree where my wife of 40years has divorced us

Divorced us in secret from me. I heard finalized March 26th 2020in Clay county of Minnesota. What can be done about no notice on divorce decree? Can I challenge judgment so I can have input into 40years of my life where I am a victim of domestic violence abuse against men by battered husband... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 11, 2020

You say you are homeless. If she did not know how to find you to have you served, she could have served you by publication notice in a newspaper.

Call the Clay County, MN circuit clerk's office. Ask for a copy of your file. Have it emailed to you. See if there is anything you...
Read more »

2 Answers | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence charge and I wanna drop it

I have been accused of a domestic violence charge for no reason and I need help

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 10, 2020

Can you provide a little more information about your situation?

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1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for South Carolina on
Q: I'm in spartanburg county need attorney advise for slander on false police report
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on Jul 10, 2020

I'm afraid I don't understand your question.

Slander is a civil matter in which someone defames you by verbal statement to others, knowing that the information that they have provided about you is wrong, with the intent to cause you harm.

A false police report is a...
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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: how much does a domestic assault cost to get off your record?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2020

If you are convicted, it will be on all databases forever. A warrant/indictment needs to be defended against to the absolute maximum ability of the lawyer and defendant to do so. Do not plead guilty to domestic assault under any circumstances except with diversion. If it was dismissed, then $700... Read more »

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Does a P.O. cover the plaintiffs children?

My granddaughter has a P.O. against her ex boyfriend for domestic violence. They have twins together. She wants to enroll them in school. The school insist that the fathers name has to be on the list of who can pick them up.

Pete David Louden
Pete David Louden answered on Jul 9, 2020

It depends on if the children are listed on the protective order.

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2 Answers | Asked in Civil Rights, Domestic Violence and Gov & Administrative Law for California on
Q: Any fanacial help avalible

My mother back in 2007 had an illegal surgery, illegal in the terms that in the paperwork it said that the doctor would do it, but instead a student did it, we fought it lost, and went bankrupt. She now lives with severe nerve damage to the point where she can't move or have anything touching... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

Not really clear what kind of fanacial help you want. You state the med mal took place 7 years ago, and you fought but lost, that is beyond the statute of limitations, unless extraordinary circumstances exist. Brother's promise to "help" is not enforceable as you describe it... Read more »

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my boyfriend got into an argument and he hit me and than we where arguing some more and he choked me and I was

Hitting him to try and get him off of me and the cops came and arrested both of us and charged him with aggravated domestic assault and me with domestic assault what do you think will happen in court

Anthony M. Avery
Anthony M. Avery answered on Jul 8, 2020

Both of you need competent attorneys. Do not talk about the incident to anyone, and do not post messages on the internet, phone, etc. Do not plead guilty to Domestic Assault under any circumstances unless it is Diversion. Even try it if you have to. A Conviction will destroy your life.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Colorado on
Q: Can a 17 year old press charges on a 20 year old without parental consent or do the parents need to approve?

So my sister is 17 and we’ve been fighting a lot. I’m 20 and she tells me if I get into a physical altercation with her she’ll press charges. We live in the same house but the address on my ID is different. Can I get into trouble for physically fighting with her? I also have a daughter so if... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Anyone can report a crime to the police.

2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get a case dismissed so me and my boyfriend don’t have to go to court

My boyfriend got charged with second degree assault I don’t want to press charges nor do I want to go court for this case how can I get it dismissed I reached out to the prosecutor but I haven’t been able to reach her yet so what I can do fast efficient to get it thrown out

Eric Todd Kirk
Eric Todd Kirk answered on Jul 7, 2020

It's completely out of your control. The people of the state of Maryland through the office of the state's attorney are prosecuting the case. The decision whether or not to proceed with the case is within the sole discretion of the prosecutor, not the victim. You can certainly make your... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Rhode Island on
Q: State pressed the domestic charge. Not my wife or i our mariage fell apart. Im taking classes . can it be dropped.
Neville Bedford
Neville Bedford answered on Jul 6, 2020

Exercise your fifth amendment right and speak only in confidence with your attorney. After that case is resolved. contact a family law attorney to discuss Divorce options.

1 Answer | Asked in Divorce, Employment Law, Family Law and Domestic Violence for California on
Q: How can i protect myself from my husband?

Hi,

I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... Read more »

1 Answer | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: My mom was given a vacat order by her sinificant other of 20 years plus. He continues to stay in the house with her. He

He is rude and goes to his girlfriends then comes in and gets in bed with her. She has been sick and her immune is low. Mccurtain county has had 500 caronivirus in the last 2 weeks. They 5 the in the state now by county. Can he not be told to stay away till we can move her. We still have 24 days

Brian Boeheim
Brian Boeheim answered on Jul 6, 2020

I am confused on what the relationship is between your Mom and this guy. I would like to look at the order to vacate, seems funny to me. Seems like she either would have to get out immediately as a trespasser, or she has some possessory rights? I don't think an eviction should stand based... Read more »

2 Answers | Asked in Domestic Violence for California on
Q: I am 19 years old and i am planing on moving out. My parents are abusive both mentally and physically.

I’m moving in with a friend and her mom is on probation. Are there any possible repercussions that can happen for my friend or her mom? She’s on probation for a DUI. what i’m afraid is that my family will try to file a report against the family i’m moving in with. what can i do to prevent... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 6, 2020

more info needed.

however, you are an adult in the eyes of the law and can do what you want...as long as it is legal.

have you ever been convicted of anything illegal/violent?

for what is his mom on probation?

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1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Texas on
Q: If I press charges can he press them back on me? ( I just wanna know if it’s better for me to Just stay quiet?)

Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.

A person can report a crime to law enforcement, but they...
Read more »

Q: How do I go about filing an appeal on DCF? I am involved in case on which I am NOT the supported person of neglect.

Domestic violence with my children's father, in which I am the victim, have landed DCF in my life for the third time.

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 6, 2020

This is actually an area of specialization. However, briefly, if you are within 30 days of the supported finding of abuse or neglect you can ask for a fair hearing and if the finding is adverse at the fair hearing, then the Superior Court would be involved if an appropriate appeal of the hearing... Read more »

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