Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Nebraska on
Q: What if accuser doesn't show for ex parte DV order trial in Nebraska?

I have an ex parte domestic violence protection order, and a violation was filed. We are waiting for the trial, and there are no prior incidents except a couple of phone calls without charges. What happens if the accuser does not show up in court for the trial?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If the accuser was the star witness, then there may not be enough evidence for the prosecutor to move forward with their case. On the other hand, if there is enough evidence otherwise, the prosecutor may still move forward even if the accuser is not cooperative. The Court can also give a... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Nebraska on
Q: Seeking a divorce from husband in jail for domestic violence. No kids, property, or joint accounts.

I have been married for almost 13 years, but I'm seeking a divorce from my husband who is currently in jail for domestic violence. We have no children, property, or joint bank accounts. Both of us are on disability. How should I go about getting a divorce in this situation?

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

If you can afford an attorney, you should retain an attorney to assist you. If that isn't an option for you, you can apply for pro bono services to obtain assistance of an attorney for free if you meet the income eligibility and similar requirements. For example, you may want to try... View More

2 Answers | Asked in Civil Rights, Domestic Violence and Family Law for Texas on
Q: How can I stop my ex from harassing me with false common law marriage claims in Texas?

I lived with my ex-fiancée in Texas for about eight months, and we were engaged for two months. We filed joint taxes under her insistence, but I later amended them to reflect my single status. After breaking up, she has continued to harass me, making false claims that we are married through common... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a...
View More

View More Answers

3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2025

The witness really complicates things, but the best way to make sure he gets the best result is to make sure both of you have attorneys. I know you may say only he needs an attorney but this is a false premise, as many people think the prosecutor represents the victim but they don't. The... View More

View More Answers

3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can I get domestic violence charges dropped in NJ?

I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More

Richard Diamond
Richard Diamond
answered on Mar 24, 2025

It sounds like there may be 2 separate components to your inquiry.

The first is the domestic violence matter which will have a return date before a superior court judge. In the complaint ( several pages back), it will list the return date. If your fiancé wants to dismiss the dv complaint,...
View More

View More Answers

1 Answer | Asked in Domestic Violence and Criminal Law for New Hampshire on
Q: Is reading Miranda rights mandatory in NH domestic violence arrests?

When I was arrested in New Hampshire for alleged domestic violence, which was recorded on a body cam on the side of an interstate highway, my girlfriend was questioned at the scene but no statements were taken. Charges were later filed. Is it mandatory by law for the arresting officers to read me... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2025

The "Miranda" warning is issued by law enforcement officers who are about to take an individual into custody (typically at the time of arrest) as a means of assuring that the criminally accused is aware of the rights to an attorney, and to remain silent. Our justice system has this in... View More

1 Answer | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

2 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: Am I considered common law married after living together since 1996 in Georgia? He filed taxes with me and is abusive.

I need to find out if I am considered common law married. We have lived together since 1996, starting when I was 18, and I am now 48. We have a 20-year-old daughter. We've referred to each other as husband and wife and he has filed taxes including me. He is abusive, which complicates my... View More

Joshua Schiffer
Joshua Schiffer
answered on Mar 23, 2025

Thats a bit complicated and depends on timing, since Georgia did away with Common Law Marriage in 1997 and you may be considered married depending on how it all shakes out.

This is worth you speaking in detail with a tax lawyer to get to the bottom of it, as financial control is a major...
View More

View More Answers

2 Answers | Asked in Civil Rights, Domestic Violence, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Seeking legal advice to sue Utica Police and apartment complex for mishandling emergency vacate order after violent incident with ex-boyfriend.

I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More

View More Answers

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Kentucky on
Q: Will I get the house in divorce in Kentucky with an EPO on my husband?

In the process of divorcing my husband in Kentucky, I currently have an Emergency Protective Order against him due to his assault on our minor children. The house we live in is solely in his name. Will the court likely grant me the house in the divorce, considering these circumstances?... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

Not necessarily. All the assets and debts will have to be identified and valued. If you reach an agreement with your spouse that you get the house, then you likely will. If you are expecting the Court to award you the house just because you have a DVO and are currently living in it, that very... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: Can I buy a gun in Virginia after completing a domestic violence plea sentence?

I had a first-time offender domestic violence plea in Virginia and have successfully completed all the terms of my sentence as required by the judge. There were no specific restrictions mentioned in my plea agreement regarding firearm possession. Am I now eligible to buy a gun for protection?

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

Both Virginia and the federal government have statutes prohibiting the possession of firearms by people "convicted" of a misdemeanor crime of domestic violence (under Virginia law, for a period of three years following conviction, and under federal law in perpetuity). If your case was... View More

2 Answers | Asked in Divorce, Domestic Violence and Civil Rights for Texas on
Q: Can police allow husband with domestic violence indictments to take my belongings and firearms during divorce?

I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2025

No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.

In your pending divorce case, you...
View More

View More Answers

1 Answer | Asked in Divorce, Domestic Violence, Family Law and Landlord - Tenant for Arkansas on
Q: How to legally compel husband to leave home in non-contested divorce?

I am filing for a non-contested divorce from my husband due to financial deceit and emotional abuse. I discovered he does not own the property he claimed and he refuses to contribute to living expenses. He has also become emotionally abusive, and despite owning the house in my name for 7 years... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 14, 2025

You need to file your divorce complaint or proceeding and seek the assistance of the court. That is, as long as he is not being abusive or threatening. The police are very reluctant to get involved in domestic matters unless and until there is clear proof of abuse, usually physical, by one of the... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Maryland on
Q: How can I safely pursue joint custody and protect myself from my threatening partner in Maryland?

I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 14, 2025

If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Legal advice on obtaining full custody and protective order in TX.

I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More

1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: How can a domestic violence case be dismissed when one party mistakenly admitted fault?

How can a domestic violence case be dismissed when one party mistakenly stated they hit the other party first during an altercation? There is a court date scheduled, but there have been no previous legal actions or arrests related to this situation.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 12, 2025

Basically if you admitted to the events of the crime, the only thing that will get your case dismissed is a good lawyer on your side and some good luck. For example, I have had many cases dismissed where my clients have admitted to the event in question, but my relationship with the court and... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for New York on
Q: What legal steps can I take after being assaulted in NY?

I was assaulted by someone named Taliza yesterday, and I suffered injuries. I reported it to the police, and they have already spoken to her. What legal steps can I take next to ensure my safety and address the assault?

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

I’m sorry to hear about the assault and the injuries you've sustained. In New York, there are several legal steps you can take to address the assault and ensure your safety moving forward.

Follow Up with Law Enforcement: Since you’ve already reported the assault to the police and...
View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Indiana on
Q: Can I strip my abusive ex's parental rights after our baby is born in Indiana?

I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Mar 11, 2025

Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for New York on
Q: Legal consequences of assault with illegal firearm in NY.

My husband is currently in detention awaiting his third hearing. He assaulted me with an illegal 15-gauge rifle while he was drunk, resulting in an injury to my jaw. I reported the incident to the police, and now I've invoked my right not to appear in court or testify. However, the district... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025

I'm sorry to hear about the difficult and distressing situation you’re facing. In New York, assault with an illegal firearm, especially under the circumstances you described, can have serious legal consequences.

Based on the details you provided, your husband is facing several...
View More

2 Answers | Asked in Child Custody and Domestic Violence for New Jersey on
Q: What should I expect in a sole custody case against incarcerated father with threatening behavior?

I am considering taking my child's father to court for sole custody. He has been incarcerated since our daughter was 4 months old, and she is now 7. He has been inconsistent in maintaining a relationship with her and has made threats to me, which makes me concerned for her safety, as he knows... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

You need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. You will be able to obtain primary residential custody, with the Defendant precluded from having any contact with both you and the child. You will probably need to file a separate custody... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.