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Domestic Violence Questions & Answers
Q: Was I required to pay child support during the TPO?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Georgia
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Regina Irene Edwards' answer
You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.
Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
You are obligated to support any child that does not live with you, regardless of whether there was a child support order in place.
Regina I. Edwards is the Owner of Edwards Family Law. Ms. Edwards has been practicing law since 2001. She has been voted by her peers a Georgia Super Lawyers Rising Star in Family Law for 2013, 2015, 2016 and 2017.
www.EdwardsFamilyLaw.com
404.238.7808
Q: My mother filed an Emergency Order of Protection against my brother. His court date is coming up. Does he need a lawyer?
Omar Khan's answer
This is a general question. You might be okay, you might not. It depends on whether your brother has been served and violated the OoP. It depends on what the OoP is for? Is it something stemming from a domestic violence incident, etc? In order to accurately answer the question, more information is necessary. Consult with a local criminal defense attorney. It might be as simple as one court appearance or it may be much more complicated than that.
This is a general question. You might be okay, you might not. It depends on whether your brother has been served and violated the OoP. It depends on what the OoP is for? Is it something stemming from a domestic violence incident, etc? In order to accurately answer the question, more information is necessary. Consult with a local criminal defense attorney. It might be as simple as one court appearance or it may be much more complicated than that.
Q: How long can you legally be held with no evidence of a crime? Only accusations? Of domestic violence?
Matthew Williams' answer
First, an allegation from a witness is evidence. It is the most common form of evidence there is. So, there isn't no evidence. Second, it depends upon the level of offense how long the government has to bring an accused to trial. Most DV charges as M1s for which the government has 90 days (triple count if defendant is incarcerated so 30 days), if the defendant does not waive the time for speedy trial, which he or she almost certainly did without even knowing it. That waiver should, of course,...
First, an allegation from a witness is evidence. It is the most common form of evidence there is. So, there isn't no evidence. Second, it depends upon the level of offense how long the government has to bring an accused to trial. Most DV charges as M1s for which the government has 90 days (triple count if defendant is incarcerated so 30 days), if the defendant does not waive the time for speedy trial, which he or she almost certainly did without even knowing it. That waiver should, of course,...
Q: How can I get a man who is in CA to be charged with what he did here in AZ. I'm the victim and I have physical damage
1 Answer
| Asked
in
Criminal Law, Civil Rights and Domestic Violence
for
Arizona
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Q: MIL hit me while pregnant and holding baby and was arrested with no contact. Her BF is trying to evict us now
2 Answers
| Asked
in
Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant
for
Oregon
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Joanne Reisman's answer
If you neither own the property nor are the primary person on the lease, the person who has the right to occupy the property, the boyfriend who rented the place, can decide who can live there. As long as he gives you proper notice under the landlord tenant law, you may just have to move. I don't do landlord tenant law so you might want to speak to someone who does and see if the notice you got was done properly. But if you are a guest or roommate in the house, and you don't have some type of...
If you neither own the property nor are the primary person on the lease, the person who has the right to occupy the property, the boyfriend who rented the place, can decide who can live there. As long as he gives you proper notice under the landlord tenant law, you may just have to move. I don't do landlord tenant law so you might want to speak to someone who does and see if the notice you got was done properly. But if you are a guest or roommate in the house, and you don't have some type of...
Q: Ex boyfriend convicted of domestic violence with his gf, and we have 50/50 custody will i now get full custody of kids
Ray Choudhry's answer
Probably.
A new parenting plan with him having restricted time with child.
Nothing is automatic. You will have to file something with court.
Probably.
A new parenting plan with him having restricted time with child.
Nothing is automatic. You will have to file something with court.
Q: If my husband is disable trought VA and social security and we been marry since 2004 , and I suffer domestic violence
Joanne Reisman's answer
This may be a very complicated situation especially if you are getting disability which is either SSD or SSI or some combination. You really need to make an appointment and talk to an attorney about your situation. If you haven't already applied for disability you may need to apply and get that process going. I don't know that much about Veteran's Benefits and the VA side of benefits is EXTREMELY COMPLICATED. If you can find an attorney that specializes in VA Benefits as well as other...
This may be a very complicated situation especially if you are getting disability which is either SSD or SSI or some combination. You really need to make an appointment and talk to an attorney about your situation. If you haven't already applied for disability you may need to apply and get that process going. I don't know that much about Veteran's Benefits and the VA side of benefits is EXTREMELY COMPLICATED. If you can find an attorney that specializes in VA Benefits as well as other...
Q: If I receive a Magistrate summons with the code 18.2-57.2. what am I likely facing?
Michael Christopher Miller's answer
Va. Code § 18.2-57.2 is assault and battery against a family or household member.
If this is your first offense, Va. Code § 18.2-57.3 provides that "A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section." The...
Va. Code § 18.2-57.2 is assault and battery against a family or household member.
If this is your first offense, Va. Code § 18.2-57.3 provides that "A. When a person is charged with a simple assault in violation of subsection A of § 18.2-57 where the victim was a family or household member of the person or a violation of § 18.2-57.2, the court may defer the proceedings against such person, without a finding of guilt, and place him on probation under the terms of this section." The...
Q: How can I get visitation of my child? Wife isn't responding to me to arrange visitation. We're separating, possibly divo
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Domestic Violence
for
California
on
Answered on Sep 12, 2017
Answered on Sep 12, 2017
Joseph Torri's answer
The domestic violence conviction does not help your case, but it's still possible to obtain joint legal custody and physical custody. It's difficult to predict what a family court will do, especially with limited information. In any event you are not seeing your child and would like to. You may need to file a request for order for child custody and visitation or you may need to file an at issue for trial. Asking the court for orders is generally necessary when one parent denies access to a...
The domestic violence conviction does not help your case, but it's still possible to obtain joint legal custody and physical custody. It's difficult to predict what a family court will do, especially with limited information. In any event you are not seeing your child and would like to. You may need to file a request for order for child custody and visitation or you may need to file an at issue for trial. Asking the court for orders is generally necessary when one parent denies access to a...
Q: My spouse grapped my neck & shoved me infront of my children again and I fell.
1 Answer
| Asked
in
Divorce, Family Law, Personal Injury and Domestic Violence
for
Virginia
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Peter Munsing's answer
Contact a womens rights center. They can help you get an attorney, housing. His paying the expenses with a surcharge of violence does neither you or the kids a favor, which is how he's treating it.
Contact a womens rights center. They can help you get an attorney, housing. His paying the expenses with a surcharge of violence does neither you or the kids a favor, which is how he's treating it.
Q: A case like this couldn't be reopened correct?
Matthew Williams' answer
It is very difficult to reopen a case once it is over. How did it end? Plea? Trial? Sentence?
It is very difficult to reopen a case once it is over. How did it end? Plea? Trial? Sentence?
Q: If a CSPO has been filed against me in Ohio and no charges filed is that it?
1 Answer
| Asked
in
Civil Litigation, Civil Rights, Criminal Law and Domestic Violence
for
Ohio
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Matthew Williams' answer
Often the civil order is as far as it goes. Police and prosecutors are not involved in the civil process in most cases, and they are the ones who might pursue a criminal charge. If the matter was also reported to the police, charges may be filed.
Often the civil order is as far as it goes. Police and prosecutors are not involved in the civil process in most cases, and they are the ones who might pursue a criminal charge. If the matter was also reported to the police, charges may be filed.
Q: I live in Wisconsin & my child custody case is also here . Can I retain an attorney from Minnesota ?
1 Answer
| Asked
in
Family Law, Child Custody and Domestic Violence
for
Minnesota
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Joseph A. Gangi's answer
You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.
I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements and a Minnesota attorney who does not practice family law may not want to represent you in a family law case in a foreign jurisdiction, due to ethical concerns.
You can hire any attorney who is licensed by the State of Wisconsin and in good standing. You can hire any other attorney so long as he or she is admitted pro hoc vice.
I question why you do not just ask your former classmate these questions. Attorneys have certain ethical requirements and a Minnesota attorney who does not practice family law may not want to represent you in a family law case in a foreign jurisdiction, due to ethical concerns.
Q: my fiancee has a protection order against her ex boyfriend because he used to beat her, and he knowingly comes by her
Adam Joseph Childers' answer
if she has an order of protection you will want to file a police report after the next contact by the ex-boyfriend. Have evidence of the contact, i.e. text message or email, and then take the evidence and police report to the Prosecuting Attorney's Office to have them look at filing charges for violating the order of protection.
if she has an order of protection you will want to file a police report after the next contact by the ex-boyfriend. Have evidence of the contact, i.e. text message or email, and then take the evidence and police report to the Prosecuting Attorney's Office to have them look at filing charges for violating the order of protection.
Q: What do I do about my fiancee ex, she keeps messaging from fake profiles and harassing us? I have proof its her too
James E Hensley Jr's answer
File a police report then take that report to your local prosecutor. If they do not issue a warrant, then ask them to send the Ex a caution letter.
File a police report then take that report to your local prosecutor. If they do not issue a warrant, then ask them to send the Ex a caution letter.
Q: If your charge with a M1 DV, is it anyway to go before a judge in 3 to 5 years to have it removed or sealed?
Matthew Williams' answer
If you are convicted of an M1 DV, no it cannot be sealed. If you were charged with an M1 DV, but later plead to something else, it can likely be sealed. Common pleas in DV cases that can be sealed include M1 Assault, M3 Unlawful Restraint, and M4 Disorderly Conduct.
If you are convicted of an M1 DV, no it cannot be sealed. If you were charged with an M1 DV, but later plead to something else, it can likely be sealed. Common pleas in DV cases that can be sealed include M1 Assault, M3 Unlawful Restraint, and M4 Disorderly Conduct.
Q: My adult niece lives in my home. Do I file for a civil order of protection or domestic violence order for protection?
Louis George Fazzi's answer
You need to have her evicted from your property. Consult a landlord tenant lawyer or law firm to get the help you need.
You need to have her evicted from your property. Consult a landlord tenant lawyer or law firm to get the help you need.
Q: Is two years on probation a good outcome for Dv M1?
Matthew Williams' answer
That's about an average outcome. But, far more important in a DV case than the length or terms of probation is what charge the defendant winds up pleading to. If you are convicted of an M1 DV you are forever barred from possession of firearms, and the record can never be sealed. Additionally, DV is an escalating offense. So, if you are convicted of an M1 DV and are later charged with another DV, it will be a felony offense. On the other hand, if you plead to Assault or Disorderly Conduct, you...
That's about an average outcome. But, far more important in a DV case than the length or terms of probation is what charge the defendant winds up pleading to. If you are convicted of an M1 DV you are forever barred from possession of firearms, and the record can never be sealed. Additionally, DV is an escalating offense. So, if you are convicted of an M1 DV and are later charged with another DV, it will be a felony offense. On the other hand, if you plead to Assault or Disorderly Conduct, you...
Q: Could you get a temporary protection order lifted?while the domestic violence case is in motion
Matthew Williams' answer
The court may remove or modify the protection order at your request. But, whether it will or not depends heavily on the personality of the individual judge and your ability to give it compelling reasons to do so.
The court may remove or modify the protection order at your request. But, whether it will or not depends heavily on the personality of the individual judge and your ability to give it compelling reasons to do so.
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