Domestic Violence Questions & Answers

Q: Can i still press charges on my ex boyfriend for domestic violence a yr later?

1 Answer | Asked in Domestic Violence for California on
Answered on Nov 18, 2017

you can call the police but i doubt they will arrest and if they did there is a question of whether the DA would file after all that time.
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Q: is there a deadline for the DA to press charges? Will i be notified if case thrown out?

3 Answers | Asked in Federal Crimes and Domestic Violence for California on
Answered on Nov 16, 2017

if you are the victim and want charges to be dropped do not wake a sleeping dog.

if you call another DA might look for it or at it and push the case..........

time is on your side.............misdemeanors are usually filed within a year and felony's 3 yrs
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Q: Issue with the investigator I am in more fear now than ever due to the investigator in charge of my case I'm the victim

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Nov 16, 2017

I would recommend contacting the District Attorney assigned to your case and/or your victim's advocate. If you do not feel that will work, or you have tried and it hasn't helped, I would recommend contacting an attorney to represent you as your victim's advocate; once you are represented by counsel, the investigator will have to communicate to you through your attorney.
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Q: If I called the cops on my husband for Putting his hands on me and pressed charges is it automatically a felony

1 Answer | Asked in Domestic Violence for Texas on
Answered on Nov 16, 2017

Here are some of the reasons a domestic assault can be filed as a felony:

* An accusation of impeding breath or circulation by applying pressure to the neck/throat or covering the mouth/nose.

* An accusation of two or more assaults causing pain or injury within a 12 month period

* An accusation of one assault causing pain or injury if the defendant has a previous conviction or deferred adjudication for the same type of crime. This includes previous convictions in other...
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Q: Hello, I have a question in regards to Virginia law on assault charges on a minor

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Nov 15, 2017

The minor child may be charged with misdemeanor domestic assault. However, she may have a defense to the charge based on 'defense of others.' The prosecutor (Commonwealth Attorney) handling the case may elect to nolle prosequi or dismiss the case. Contact an experienced criminal defense attorney in your area for a free consultation.
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Q: CA., Contra Costa County DV grounds for Appeal?

1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for California on
Answered on Nov 15, 2017

this is a factually challenging question to ask without knowing ALL the facts...pro and con

you need to contact a lawyer that practices in that court not lawyers from all over the state that may not

know the way your judges and DA's handle specific cases.

Dale Gribow ....Palm Springs
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Q: Can a defendant charge the victim after hearing with a city attorney?

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Answered on Nov 15, 2017

a lawyer needs a lot more info..........but i would strongly suggest you talk to a local lawyer.

maybe call early to continue the date of your case and not tell her about that.
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Q: A person who has a CRO and TRO and trying to get me to change the terms in exchange for my car title. Is this extortion?

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for California on
Answered on Nov 15, 2017

a lawyer would need a lot more info.

i would suggest writing down all the facts and talking to a local lawyer.............each county can be different as well as each court without the county.........not to mention each DA within the court being different.

i am not sure from what you said that it is extortion but maybe coercion.........
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Q: My bf was sentenced to prison for 2 years for violating stay away order.So when he's released will it be lifted

1 Answer | Asked in Domestic Violence for California on
Answered on Nov 15, 2017

if the order was for 3 years it is for 3 years.

if there was time in custody it had to be more serious.............

though you may be making a mistake by letting him back in your life if that is your decision you can talk to his lawyer to try to get probation modified...........on the other hand if your concern is his getting out and hurting you then you may want to talk to local police to alert them and possible contact a lawyer out there
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Q: If my boyfriend pleads guilty to domestic violence will he get out right away?

1 Answer | Asked in Domestic Violence for California on
Answered on Nov 15, 2017

there is no way to know without more info

it could depend on his record, the court, the DA and the degree of violence.

if he can not afford a lawyer he needs to ask the court to provide a public defender.
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Q: I know of a family member who was arrested for family violence and was jailed. Now working as a LPC and seeking a LTC.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Nov 15, 2017

Arrested means nothing. Innocent people are arrested every day. If he had been convicted of a crime, that should have been recorded.
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Q: What can happen if I wasn't read my Miranda Rights?

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Answered on Nov 15, 2017

The only time this matters is if the prosecution is seeking to use a statement you made to the police after you were in custody. It only applies to custodial interrogations. So if you were in custody and made a statement to the police, and the state wants to use that statement against you in court, your lawyer can try to get the court to not allow the statement to be used against you if your lawyer can show that you were not advised of your Miranda rights or if you did not waive your rights....
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Q: A woman cheats on her husband, leaves him, then the husband beats up the boyfriend. Is this considered family violence?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Nov 14, 2017

If you are asking about a Family Violence Protective Order then the answer is yes, because that scenario is "dating violence" under Family Code 71.0021(a)(1)(B) and, dating violence IS family violence for the purposes of a Family Violence Protective Order.

If you are asking about the F3 enhancement to misdemeanor Assault then the answer is no, because the enhancement only applies to the direct romantic relationship as described by FC 71.0021(b). See PC 22.01(b)(2)
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Q: Mother of child accused of domestic violence by her current husband. Can I be awarded custody if she is found guilty?

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Illinois on
Answered on Nov 14, 2017

You definitely need to go to court to obtain a court order for you to have custody and for you to stop paying child support.
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Q: I currently have a Misd Dom A&B from 2007/2008, and 2015 GRoss Mis Conduct, can I possibly get these off my record?

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Oklahoma on
Answered on Nov 13, 2017

You should consult an experienced Criminal Law Attorney, in your area, for help with this problem.

My My website, http://www.GaryJDean.com in the blog section has info on Expungement.
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Q: Can my step dad kick me and my child out if i been here since February. I get mail here. Can he put our clothes outside?

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Landlord - Tenant for Georgia on
Answered on Nov 13, 2017

Well, morally no. Legally you have no right to be there unless get a lien, pay them or lease them to stay there and assign that premises as your house where you receive your mails, etc.
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Q: Q: My ex hasn't seen our children for over 3 years, hasn't called them for over 1 year and has never paid child support

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Nov 13, 2017

you posted this on a criminal law section.

did you have a lawyer when you went to court?

if not did you consult with Legal Aid? Consider if you are in Riverside:

Public Service Law Corporation of the Riverside Co Bar Assoc volunteer atty program: 4129 Main St, #101, Riverside Ca 92501: 951 682 5213

++++++++++++Legal Aid:++++++++++++++++++++++++

Inland County Legal Service and prepaid legal 951 283 3222)

82632 C Hwy 111, Indio 92201

760 342...
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Q: My child was sent away to another country to keep him away from me..I currently don't have custody of him.what can I do?

1 Answer | Asked in Family Law, Child Custody, Communications Law and Domestic Violence for California on
Answered on Nov 13, 2017

you need a family law attorney with international custody experience....that is not me and i do not even know of any lawyers with that experience............but i suspect they would not be cheap.

are you even in a position to hire a lawyer? if not consider legal aid.

before you make a motion/file on that issue be sure all your past "history" is cleaned up.

if there are outstanding bench warrants or money or conditions owed to the court complete them.

if it was...
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Q: In Ohio do I have to testify against my husband for a DV? He is 36 and had one prior when he was 19 with his ex.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Nov 13, 2017

DV should not be taken that light esp. as you noted that your husband had earlier involved in DV with his ex when he was 19 does suggest that he is a habitual offender. Suggest you make a statement for record purposes and for deterrence or be used in the future even if you do not follow your complaint further.
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Q: I filed a temporary restraining order against my boyfriend's brother, is it possible for me to get a permanent one?

1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Answered on Nov 12, 2017

After you filed the TRO you are given a court date (if the judge granted you the TRO) to proceed with an FRO hearing.

This FRO hearing will determine whether or not a permanent restraining order will be ordered. During this hearing you will have the right to testify, call witness and try and convince the judge that you meet the element of an FRO.

Those (3) elements are: (1) Jurisdiction, i.e., the plaintiff qualifies as a “victim” under the Act (a spouse, former spouse or...
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