Domestic Violence Questions & Answers by State
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Domestic Violence Questions & Answers
Q: Can I get more time from family court, to amend my original filing, after defendant filed a response?
Nina Mironenko's answer
Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.
Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.
Q: Quickest way to modify or vacate no contact order for family domestic violence I want to be back in my home
Kiele Linroth Pace's answer
A no contact order like this can be either a condition of a jail release bond or a condition of a magistrate's emergency protective order or both. If you have both, then both need to be removed, otherwise you could be charged with a new crime for any violation.
These orders are issued by a judge and can only be modified or vacated by the judge. Your criminal defense attorney is probably the most appropriate person to file the motion, but if the alleged victim convinces the...
A no contact order like this can be either a condition of a jail release bond or a condition of a magistrate's emergency protective order or both. If you have both, then both need to be removed, otherwise you could be charged with a new crime for any violation.
These orders are issued by a judge and can only be modified or vacated by the judge. Your criminal defense attorney is probably the most appropriate person to file the motion, but if the alleged victim convinces the...
Q: The state put a danco on between my boyfriend and I, I want to get it dropped because we do have a child together
Thomas C Gallagher's answer
As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota https://wp.me/pAFjr-7v . If he was found mentally ill it's possible the criminal charge may be dismissed (i.e., misdemeanor) or postponed until he regain competence after treatment. It would make sense in that...
As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota https://wp.me/pAFjr-7v . If he was found mentally ill it's possible the criminal charge may be dismissed (i.e., misdemeanor) or postponed until he regain competence after treatment. It would make sense in that...
Q: Can I drop a case towards somebody for domestic without the state picking it up??? So they can be released
William Wolf's answer
The best short answer is that individual citizens don't charge people, prosecutors do.
Similarly, the prosecutor gets to decide whether to proceed with the prosecution or drop it.
The best short answer is that individual citizens don't charge people, prosecutors do.
Similarly, the prosecutor gets to decide whether to proceed with the prosecution or drop it.
Q: Can an unwed father file a petition for legitimation, shared custody, and visitation while currently under a TPO
Regina Irene Edwards' answer
Yes, the father can file for Legitimation while under a TPO. The court can order legitimation and custody rights while protecting the holder of the TPO.
Yes, the father can file for Legitimation while under a TPO. The court can order legitimation and custody rights while protecting the holder of the TPO.
Q: My husband used to hit me 10 years ago and I never reported it.
Bari Weinberger's answer
Thank you for your question.
If this behavior persist and it has never been addressed, it could impact custody aspects of a divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and ensure you understand your rights.
I hope this information was helpful to you.
Thank you for your question.
If this behavior persist and it has never been addressed, it could impact custody aspects of a divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and ensure you understand your rights.
I hope this information was helpful to you.
Q: Do I have to be hurt in my house in order to file a domestic violence complaint against my husband?
Sasha Dadan Bonna's answer
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
You don't have to be hurt to file for an injunction. Your husband could hit you without it hurting....
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
You don't have to be hurt to file for an injunction. Your husband could hit you without it hurting....
Q: Can I move out at 17 with parental consent?
1 Answer
| Asked
in
Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law
for
Florida
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Q: Housemates that are confrontational and create a hostile environment cannot be stopped with laws to protect you from it
2 Answers
| Asked
in
Civil Rights, Constitutional Law, Domestic Violence and Landlord - Tenant
for
California
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Dale S. Gribow's answer
i am a criminal/accident lawyer and this is not my area of law.
you probably have to pose this quasi family law question to a lawyer that deals with these issues.
it sounds like a terrible situation..........you can't sit down and try to work this out?
i am a criminal/accident lawyer and this is not my area of law.
you probably have to pose this quasi family law question to a lawyer that deals with these issues.
it sounds like a terrible situation..........you can't sit down and try to work this out?
Q: how Much time does someone get for domestic abuse charge, Dom child endangerment, violation of probation, vio of protect
Ellen Cronin Badeaux's answer
This is 4 questions because his sentance can run consecutively or concurrently and he may be a tripple bill. He needs a criminal defense attoeney to calculate his exposure if any of his priors are less than 10 years ago.
This is 4 questions because his sentance can run consecutively or concurrently and he may be a tripple bill. He needs a criminal defense attoeney to calculate his exposure if any of his priors are less than 10 years ago.
Q: What can i do when a housemate screams at me and cusses me out in front of my 4yr old son?
2 Answers
| Asked
in
Domestic Violence and Landlord - Tenant
for
California
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
Dale S. Gribow's answer
if your answer is not to move then you have to work it out.
bringing police in will make things difficult from here on in.
I would try to talk to the party one on one in a calm manner and explain that if he has a problem with you in the future to just ask to talk and not scream in front of a child. Explain he would not have wanted you to do so in front of his family either.
if your answer is not to move then you have to work it out.
bringing police in will make things difficult from here on in.
I would try to talk to the party one on one in a calm manner and explain that if he has a problem with you in the future to just ask to talk and not scream in front of a child. Explain he would not have wanted you to do so in front of his family either.
Q: If i do not show to court will the temp restraining order be dismissed?
Ellen Cronin Badeaux's answer
Can't tell from your question if you are the person seeking the TRO or opposing the TRO. Call your attorney or get a consultation with one. You may be assessed with court costs depending on your answer.
Can't tell from your question if you are the person seeking the TRO or opposing the TRO. Call your attorney or get a consultation with one. You may be assessed with court costs depending on your answer.
Q: I went to police station in pa to press charges against my boyfriend for domestic abuse in a different county then where
Kathryn Hilbush's answer
I suggest that you contact them to tell them you've decided not to proceed any further with the complaint.
I suggest that you contact them to tell them you've decided not to proceed any further with the complaint.
Q: Can the cops prosecute my husband for domestic violence even if I don’t want to prosecute?
Angelina Bradley's answer
Yes. In the criminal case, the district attorney’s office can choose to prosecute with or without the cooperation of the victim.
As a victim, you do have several state constitutional rights as a victim, including the rights to be consulted and notified of proceedings in the case. If you have questions about this, Peace Over Violence in LA provides pro bono assistance to victims of domestic violence, and the LA County Bar has programs as well.
Good luck and stay safe.
Yes. In the criminal case, the district attorney’s office can choose to prosecute with or without the cooperation of the victim.
As a victim, you do have several state constitutional rights as a victim, including the rights to be consulted and notified of proceedings in the case. If you have questions about this, Peace Over Violence in LA provides pro bono assistance to victims of domestic violence, and the LA County Bar has programs as well.
Good luck and stay safe.
Q: What are my options I got my third domestic
Arthur Calderon's answer
It really depends on the circumstances. I would highly recommend that you contact a criminal defense attorney to discuss further, especially concerning the facts and circumstances, so that you can be advised accordingly.
It really depends on the circumstances. I would highly recommend that you contact a criminal defense attorney to discuss further, especially concerning the facts and circumstances, so that you can be advised accordingly.
Q: I am a victim of domestic, sexual, and financial abuse. Is there any laws that protect against joint debt?
2 Answers
| Asked
in
Contracts, Domestic Violence, Bankruptcy and Family Law
for
Florida
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Terrence H Thorgaard's answer
The problem will be that the creditor didn't force you to co-sign. Unless you can prove that the creditor had knowledge of coercion, I don't think you would prevail.
The problem will be that the creditor didn't force you to co-sign. Unless you can prove that the creditor had knowledge of coercion, I don't think you would prevail.
Q: I have a 2009 Judication Withheld for domestic violence (Threat by Verbal). Can the be expunged of vacated?
Gary Kollin's answer
Just so you know , the word is "adjudication."
You cannot have it vacated. It is final.
You cannot seal nor expunge domestic violence convictions even with adjudication withheld.
Even if you would receive a pardon, you cannot get it sealed or expunged
Just so you know , the word is "adjudication."
You cannot have it vacated. It is final.
You cannot seal nor expunge domestic violence convictions even with adjudication withheld.
Even if you would receive a pardon, you cannot get it sealed or expunged
Q: The two grandmothers of my two boys has marchman acted me an placed an injunkion on me how can i get my 2 boys back
1 Answer
| Asked
in
Family Law, Child Custody and Domestic Violence
for
Florida
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Sasha Dadan Bonna's answer
If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction to see your child you should file a motion to modify and/ or terminate the injunction. Injunctions are meant to be temporary and not permanent in nature.
If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction to see your child you should file a motion to modify and/ or terminate the injunction. Injunctions are meant to be temporary and not permanent in nature.
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