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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: What happens when you go to court as the victim of domestic aggravated assault (strangulation)? Is it pended to a trial?
Cayley Turrin
Cayley Turrin answered on Aug 2, 2021

The district attorney's office will talk with you. Sometimes victims will prefer hiring their own attorney to represent their view and what they would like to do as well.

1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Pennsylvania on
Q: I was recently incarcerated, I’m an immigrant the charge was domestic but I didn’t do it.

They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Aug 2, 2021

You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

1 Answer | Asked in Domestic Violence for California on
Q: How do I sue a non-revocable trust trustee for abuse & neglect of a disabled woman for 25 years in Riverside County Ca?
Dale S. Gribow
Dale S. Gribow answered on Aug 1, 2021

more info needed.

write out a summary of what happened and what injuries the victim incurred.

was this ever reported?

then make a complimentary appointment with a personal injury lawyer in your area.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: What do I need to do or what can I do about a charge that is false, Domestic Violence and Asslut and Battery...

My Daughter who is 17 is pressing charges on me, with the advice of her friend and friends mom which is unexceptable,, she doesn't live with me she lives with dad in Talequah and I stay in wagoner,, I can't understand how this is fair or even possible to go on... Please I don't know... Read more »

Pete David Louden
Pete David Louden answered on Aug 1, 2021

First thing is hire an attorney now. Dont wait until later. Do not make any statememts to police or discuss this case with anyone other than your attorney.

1 Answer | Asked in Domestic Violence for Florida on
Q: My spouse had me arrested for domestic battery and put a temporary injunction on me what do I do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Comply with the temporary injunction. Get an attorney.

1 Answer | Asked in Domestic Violence for Georgia on
Q: I was abused by my husband & go to court for the restraining order when the judge sees the video can they press charges?

I have a temporary restraining order for now but no one seen any video or heard the audio so when we go to court I'm gonna have them for the judge to see would the judge be able to then press charges because at the time of the incident no police were called.

Joshua Schiffer
Joshua Schiffer answered on Jul 31, 2021

The best thing to do in this position is to have the hearing (if an option, have a stenographer take down the transcript) and then you take the results of the hearing to the police and ask them to press charges. While SOME judges will direct refer from a TPO/TRO, most want the petitioner to handle... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: I’ve been falsely accused of domestic violence and have already been to court and am now waiting for the judges ruling.

My lawyer has not put in effort into my case, has racked up over 15k in fees. Do I really need him to be there for the decision? I can’t afford to pay him anymore. What would happen if I dropped my lawyer and went to the ruling alone?

Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2021

if you handle it yourself you will have a "fool for a client" ...as lawyers jokingly refer to someone that does that.

clients usually don't understand why a lawyer did or did not do something.

2 Answers | Asked in Domestic Violence for California on
Q: Looking for an attorney to represent my brother for a domestic violence. The police have asked him to turn himself in
Dale S. Gribow
Dale S. Gribow answered on Jul 30, 2021

AT THE ARRAIGNMENT THE COURT WILL APPOINT THE PUBLIC DEFENDER FREE OF CHARGE IF HE CAN'T AFFORD A LAWYER.

IF HE CAN AFFORD ONE, SET UP A COMPLIMENTARY APPOINTMENT WITH A CRIMINAL LAWYER IN YOUR AREA.

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1 Answer | Asked in Domestic Violence on
Q: I called the police yesterday morning on my partner for domestic abuse and he was arrested last night I want to help him

I need advice on how to help him, I didn’t give a statement but I told them what happened but I don’t want to answer any more questions or give a statement

William Jaksa
William Jaksa answered on Jul 30, 2021

Hire a criminal lawyer. You need to be carefully not to obstruct justice or make things worse for your partner.

1 Answer | Asked in Domestic Violence and Sexual Harassment on
Q: What is the penalty against sexual assault in a public area in Canada Alberta?

I have a friend that was sexually assaulted last in in august 2020, in Alberta Canada. She is trying to press charges current but it unsure of what to do or say. They were both under the age of 16 when it happened. It was in a public area and there is a textual confession from his including... Read more »

William Jaksa
William Jaksa answered on Jul 30, 2021

Depends where it happened in Alberta, your friend could either call the local police service (i.e. if it happened in Calgary then the Calgary Police Service) OR your friend can call the RCMP at 403-678-5516. The RCMP would be the best first call.

The maximum sentence for sexual assault in...
Read more »

1 Answer | Asked in Domestic Violence for Georgia on
Q: How can I obtain a firearms permit in Georgia with a criminal trespass charge?

It was labeled domestic violence just for trespassing back in 1998 or 1997

Joshua Schiffer
Joshua Schiffer answered on Jul 28, 2021

You need to address the underlying conviction and have it changed. The good thing is that this problem is common enough that it is often pretty easy, but it all depends on the facts and the position of the State since it is a consensual change in your record and it is easiest with the State's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Hello I pressed charges on my boyfriend for assaulting me he got charged with a misdemeanor and a felony.I bonded him out and let him back secretly because there was a ppo placed on him.Well I had... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

The court, prosecutors, and police are not social workers, mental health experts, or relationship counselors. Your boyfriend is charged with a crime; one that you reported, and then went a step further to request a PPO. And it sounds like you did the necessary but hard work there. However, once you... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: My son is 30. He was accused by his girl friend of terroristic threats and he had a firearm when he was arrested.

He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.

Joshua Schiffer
Joshua Schiffer answered on Jul 27, 2021

Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.

My direct email is...
Read more »

1 Answer | Asked in Child Support, Domestic Violence and Family Law for California on
Q: Child support and threats to harm if I go through court.

Was in an abusive relation for 22 years. August 2018, finally left. Agreed on $200 wk child support (even though he makes a lot of $ & I was stay @home mom.) By Sept, I hadn’t received anything from him. Filed paperwork through court. He found out & freaked out. He sent text msgs saying... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 26, 2021

you need a lawyer...............NOW.

preserve the messages, so you can present them to the court.

you want the court to make an order.

Most of us on the DV or Criminal section do not do family law.

I would encourage you to get a local lawyer or contact Legal Aid etc.

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can you change an Unfair DA in your case?

can paid lawyer get better results then public defender? Can you change an Unfair DA in your case?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 25, 2021

You can't change your ADA. A private attorney usually has a smaller caseload than the Public Defenders Office which is grossly underfunded and understaffed.

2 Answers | Asked in Criminal Law, Domestic Violence, Intellectual Property and Landlord - Tenant for California on
Q: Last night my boyfriend, 19, got into an argument with his dad. His dad told him to get out or he’d get his gun.

He pays rent as well, and his dad gave him absolutely no warning, but as soon as he said he was getting his gun, he went upstairs and we left as quickly as we could. He didn’t give him the opportunity to take any of his personal belongings, which he owns all of so hopefully his dad won’t touch... Read more »

Joseph Abrams
Joseph Abrams answered on Jul 25, 2021

I'm not sure kind of legal advice you are looking for? If you're concerned about an illegal eviction, there may be some novel legal argument to make, which is not my area of practice. If your concerned about threats that were made, you can report them to your local police department if... Read more »

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Can I sue both landlord and neighbors for refusing to acknowledge domestic abuse taking place on his premises?

This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.

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