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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Virginia on
Q: Does domeatic violence cases show on record?

If person called police for domestic violence but nobody got arrested, does it show on the person record or just a file was reported?

Susan Fremit
Susan Fremit answered on Apr 8, 2020

If there was no arrest, there should not be anything on a criminal record.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Michigan on
Q: What do I do about sexual assault and mental abuse in a previous relationship?

It was in Michigan. I was 16 and he was 24 when it started. It continued for 2 years. He would make me feel guilty for not wanting to have sex and would threaten to cheat on me if I didn’t do things. When he cheated, held a gun to his head and begged me to shoot him when he told me. I tried to... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 8, 2020

Hopefully you have removed yourself from this situation. It sounds like your ex suffers some mental illness. Even if so, it doesn't excuse that treatment.

What your question does not indicate is whether you two were legally married. By the ages, I'm assuming not. There may be civil actions...
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1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Q: Is it legal for boyfriend and his mom to keep kids away from their mom? Using the excuse of virus to do so?

In march boyfriend(no longer) got arrested for beating me up. During this time his mom tried to take kids away from me then when he was still locked up. I made them come back home she had no rights to them. After he got out they were going to go take showers (another excuse) at their grandmothers... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Apr 7, 2020

Parenting orders should still be followed, providing both parents are following the stay at home orders. If you need legal help and can’t afford it, try contacting the Legal Aid office to see if they can assist you. -Homer P. Jordan IV, Esq. 404-620-1558

2 Answers | Asked in Divorce and Domestic Violence for Florida on
Q: Hi I am in need of legal advice please. Real short I married the man I loved on 2/2/20 at our home by Justice of Peace.

Husband kept cetficate and flushed down toilet just spoke with her yesterday no record Are we legally married or not

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Yes, you probably are legally married. In what state were you married; Florida doesn't have justices of the peace. If it was in another state, a document should have been recorded (perhaps with a clerk of court) there. Check with the appropriate agency in that other state.

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: How do I "counteract", as quickly as possible, to an ex parte that was granted based entirely on false statements?

There's proof that all statements made against me, which the other party signed, notarized & filed through the courts, are entirely false. Not 1 sentence stated has any truth. They were deliberate lies told by my son's paternal grandmother & my son's father, (who legally has no rights due to no... Read more »

Matthew Williams
Matthew Williams answered on Apr 6, 2020

Well you start by documenting everything. You need people on your side who saw the things you saw. But you also have to be realistic. You need a lawyer on your side and that’s going to cost. Think of the situation you’re in now and what you want to interrupt your peaceful life and get involved.... Read more »

2 Answers | Asked in Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: If a minor being verbally abused by a parent goes kinda insane and physically attacks them, what are the charges?

Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... Read more »

Richard Diamond
Richard Diamond answered on Apr 6, 2020

The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont... Read more »

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1 Answer | Asked in Family Law, Domestic Violence, Education Law and Social Security on
Q: Question regarding selfish behaviour of grandparents.

My grandmother and grandfather sold all the property they had and ate all through their lifespan and lived high standard Life giving nothing to children and even sold the lands that are supposed to be inherited to his son. Now they are threating to sell the house and land on which our family lives.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

Maybe you could repost your question in the Probate and Estate Planning sections. There's no guarantee of every question here being picked up, but if anyone could comment meaningfully on your situation, it's the attorneys who are active in those sections. Good luck

Tim Akpinar

2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New Jersey on
Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues to call the police... Read more »

James A. Abate
James A. Abate answered on Apr 4, 2020

It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Immigration Law and Domestic Violence for Texas on
Q: can some one B1 or B2 visa with domestic violence get a immigration or get green card ?

this person also went to jail for his action. he hit and grab his wife on he road and some people saw that and call the police for that.

the witness did give them a statement against him as well

wife also pregnant an surviving in mantle torture

this thing happened like 3... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 4, 2020

Depends if he was convicted, and on what crime he was convicted. There are many levels of DV. Also, the officer might want to know what happened. You say the case was dismissed from the court, so it depends on what you mean by this. If the person was never actually convicted, then this wouldn't... Read more »

2 Answers | Asked in Domestic Violence for Minnesota on
Q: What is certificate of representation and parties and affidavit of service by u.s mail?

About domestic violence

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 4, 2020

The certificate of representation is a statement by an attorney that he or she is representing a party in a case. An affidavit of service by mail is a statement under oath that a party was served by mail with a document.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Will this epo from my ex turn into an dvo or charge? She trying to get me in trouble because she thinks I called cps.

My ex & I have been dating for 5 years. We always break up then get back together nothing new. While being apart a baby was created. I accepted the baby & was there 100%. She’s a great mother it’s just that HE likes for her t do drugs. It was and argument on Face book between me and the... Read more »

Timothy Denison
Timothy Denison answered on Apr 3, 2020

It could adversely affect you both ways. You should hire an experienced attorney to guide you through this to avoid a dvo and criminal charge.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: Does my wife have grounds to file a pfa on me?

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Melinda Previtera
Melinda Previtera answered on Apr 3, 2020

There are probably more details about your situation which were not included with your question. You may want to revise your question or reach out to an attorney to get specific information about your case if your wife has filed a PFA.

--Melinda Previtera | Petrelli Previtera, LLC |...
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1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: I am a teacher and a coach in Ohio. I have a student, also one of my players who lives in a very bad home situation.

Her mother is addicted and verbally abusive when drinking. Social services has been called several times over the last couple of years but they always leave the young lady and along with her younger her sister in the home after the interview. She reports that things are always worse when they... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 2, 2020

Her sister can contact children's services and ask for temporary custody.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Can my husband break into my phone and take messages and personal photos off of it without me knowing
Anthony C. Satariano
Anthony C. Satariano answered on Apr 1, 2020

Yes he can. While you are married, the majority of the property either of you own is considered "marital property" meaning both of you have a right to it.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: boyfriend has a domestic battery 2nd degree charge. What plea bargains can done to keep him out of jail or prison?

hes been in jail for 40 days now. He was on probation prior to this charge. But he just has Domestic battery 2nd charge on 02/21/2020. Can he be put on probation or do any counseling like anger management classes, AA meeting or something?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 31, 2020

Were you the victim of the domestic violence? If so, why are you trying to get him out? He now has a probation violation to deal with also so they will not bond him out. At the least, he will have to do a Domestic Violence Intervention Program which is 26 weeks long and a drug test and an... Read more »

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

No, you can't "change jurisdiction". The Uniform Child Jurisdiction and Enforcement Act, which has been adopted by both states, would require that jurisdiction remain with the West Virginia court.

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3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »

Kyle D Pierce
Kyle D Pierce answered on Mar 31, 2020

This is more of an Elder Law question than Criminal Law. However, you may be able to get an Protection Order in those circumstances, but I’d need to know more about your Mom’s condition.

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1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: A warrant for Domestic Violence in Berks County

Why would the U.S. Marshalls Task Force in Reading , Pa. Come to my house with a warrant on a domestic Violence warrant for my daughter's boyfriend JohnAlvarez

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

First, ask Justia to take down the post with the persons name. Likely because that individual was wanted on a federal matter. Or it could have been related to an out of state matter. That's his problem, not yours.

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can a person with a domestic violence charge 20 years ago purchase a gun in California?

No jail time served. Pleaded guilty, had a fine and short probation. All this was around 20 years ago.

William M. Weinberg
William M. Weinberg answered on Mar 27, 2020

No. Federal ban is lifetime so it overrides California law.

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