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Domestic Violence Questions & Answers

1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on

Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed pay me... Read more »

Michael David Siegel answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Pennsylvania on

Q: What rights does my child's biological father have if he isn't listed on birth certificate?

He has threatened me. Has a criminal record,participates in illegal activities. I do not want him around my daughter at all. Does he have a chance in court

Peter N. Munsing answered on Aug 22, 2019

He has the rights of parenthood if he can prove that which I assume he can. However they are limited, and if he has threatened you getting a pfa would be a first step, and you will need to speak with family relations and ideally a family law attorney about other options.

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on

Q: How to deal with harassment and abuse?

I have a friend of mine who's ”Babyfather” has been harassing her and their baby. Sending people to fight her and stalking her by creating new accounts on Facebook. She fled to Alabama to get away from everything but they keep harassing her.

William Jaksa answered on Aug 21, 2019

First, document the harassment. I often provide clients was an agenda or calendar that has individual pages for each day. I have them document in that agenda exactly what happened on a specific date and keep a running log of it. Don't lie or exaggerate anything in that book, be as accurate as you... Read more »

2 Answers | Asked in Family Law and Domestic Violence for Georgia on

Q: If someone is brought in to ER and injuries are inconsistent with story told. Can the state press charges?

She was brought in unconscious by her husband and he said she slipped in the tub and hit her head. She was in a coma for about 6 hours or so due to trauma to her head .The injuries to her head and bruising to her body is inconsistent with the story the hospital said. She said he didn't do it but... Read more »

William Jaksa answered on Aug 21, 2019

The hospital acted as they are legally required to. Most jurisdictions have laws and regulations that require nurses and doctors to either investigate when they are suspicious of domestic violence and/or call the police. Usually, as soon as they suspect their may have been some/any domestic abuse... Read more »

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1 Answer | Asked in Domestic Violence and Sexual Harassment for Washington DC on

Q: Is saying you couldnt care less if some one was floating down a river a threat?

My ex was harrassing my via text messages and social media and i said i couldnt care less if he was floating down a river and now hes threating to sue

Bruce Alexander Minnick answered on Aug 21, 2019

Let him sue.

1 Answer | Asked in Civil Litigation and Domestic Violence for Colorado on

Q: Boyfriend wants to kick me out. I am not on lease, hid me & my 2 sons in order to get approved on HOA townhome. Rights?

Applied for place as single man because I have eviction under my name and he didn't want us to get denied. He signed declaration of residency in order for my sons to attend 2 seperate schools. He now wants us out. Do I have any rights, seeing I'll just be homeless with 2 children...

James Newell answered on Aug 21, 2019

You may have rights as a subtenant. It can get complex so It's best to speak to an attorney about this.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on

Q: could I be charged with domestic battery?

My boyfriend and I got in an argument. He kept calling me a xxx so I threw water on him and pushed him. He pushed me back so I punched him and he ended up choking, dragging, and kicking me across my apartment. My parents want me to press charges but could I also be charged with domestic battery?

William Jaksa answered on Aug 21, 2019

Yes. The police may choose to charge you, him or both based on the fact pattern you have provided. The police will need to determine if throwing the water and pushing was defensive or provocation.

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on

Q: I'm on conditional recharge months year later arrested for driving on revoked licence

Juan Ooink answered on Aug 21, 2019

Since you are currently serving a sentence, Conditional Discharge, and part of that sentence if for you to not violate any laws, driving on revoked license will be considered a violation of your Conditional Discharge. Since you violated your sentence be picking on a driving on revoked, the... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Florida on

Q: A judge order family therapy for the victim and abuser of domestic violence.

My daughter is on her second probation for domestic violence against us. We have tried therapy in the past yet and know she does not respond to it. The judge order us the victims to attend therapy with someone we are genuinely afraid of. I asked for a review and the judge told us if I refuse... Read more »

Henry George Ferro answered on Aug 20, 2019

Time to hire a lawyer.

1 Answer | Asked in Domestic Violence, Family Law, Adoption and Child Custody for Oregon on

Q: I live with my dad and he is mentally abusive to me mostly. I babysit my 2 siblings from 8 to 10 hours a day. I’m 15

I get no compensation. I don’t want my dad to get into trouble and get my siblings taken away. I want to know what my options are to get out of my house. Could I move in with a different family member? Would I get in trouble legally for leaving?

Joanne Reisman answered on Aug 19, 2019

You generally have only two options - let your mother know so she can Petition the court for a change of custody or report that you are being abused to children's services or a school counselor or your doctor. If you report abuse there will be an investigation and you and your siblings could be... Read more »

1 Answer | Asked in Domestic Violence for Arkansas on

Q: I was charged with Domestic battery 3rd degree of a minor. Even if it was self defense, can I still be charged?

William Jaksa answered on Aug 19, 2019

Yes. The police that investigated the charge believed that there was enough evidence to lay the charges. Self-defense is something that the police could have considered in their investigation and in consideration of laying the charges, but ultimately they decided it was not overwhelming enough to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Washington on

Q: I need a no contact order lifted. I have no money. What are my options?

Stan Glisson answered on Aug 19, 2019

Different courts handle these differently. First if there is a public defender on the case, ask her or him what the process is. If not, or if you don't know who that is, then call the court and ask them the procedure. You can do this without a lawyer and there are no costs. But if there is a lawyer... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Social Security for California on

Q: I need to know if I can get a job but I'm fairly certain I can i have a brain tumor and i have some cognitive issues

I'm also a victim of abuse for about 80%of my life my niece also got sexual with me over texting there were pictures she sent me without my consent

Dale S. Gribow answered on Aug 16, 2019

need more info.

not sure what you are asking.

whether you can get a job is not a legal question.

if you are a victim of anything you may want to talk to a PI lawyer. They usually offer a free consultation.

they will probably suggest you talk to the police.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on

Q: Can I go to jail for using self defense on my pregnant younger sister? She has a history of being aggressive.

She is very aggressive and my parents have a history of calling the police on her acting violently. She instigated a fight when she threw something at my dog and when I tossed it back, she attacked me. It was very awkward because she kept punching me and I tried to only get her face, both of our... Read more »

Kiele Linroth Pace answered on Aug 15, 2019

You can be arrested and taken to jail for assaulting the Tooth Fairy but you can only be CONVICTED if the prosecution can prove every element of the offense beyond a reasonable doubt. Self defense is a justification for the use of force. When the issue is raised by testimony or other evidence, the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on

Q: If a court order says Peaceful Contact, can a parole officer make a no contact order?

He was on parole and subsequently arrested and placed on probation for DV. The judge ordered the Peaceful Contact at that time. The parole officer did not place the condition due to the conviction. She placed it because I asked her to help me retrieve a vehicle that was registered to both of us... Read more »

William Jaksa answered on Aug 15, 2019

Yes. The Parole Officer is in charge of the remainder of the sentence and can set conditions.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on

Q: Does the Family Violence Act include Two siblings who have an altercation/fight?

Regina Irene Edwards answered on Aug 15, 2019

It can.

19-13-1. "Family violence" defined

As used in this article, the term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren,...
Read more »

1 Answer | Asked in Domestic Violence for Colorado on

Q: What information do i need to put on a motion to dismiss a protection order?

There is a protection order set for my husband and i. I am not at risk of any harm i need to be able to be around my husband. I want to file a motion to dismiss the protection order

Sabra M. Janko answered on Aug 14, 2019

You should make certain that you will be safe. That is top priority. if you want to ask to dismiss then you simply put the reasons why you are asking. No one can tell you what reasons to provide.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can the girlfriend go back to the DA and ask him to stick it to him. She always threaten that when she gets mad at him

Sabra M. Janko answered on Aug 14, 2019

The DA will decide what to do based on the evidence. Any accuser can always state their preference, however an accuser does not decide what approach the DA will take.

1 Answer | Asked in Personal Injury and Domestic Violence for Massachusetts on

Q: Mental Anguish

I am a female who was involved in an abusive relationship for 7 months in Massachusetts in 2012. Because of the relationship I became severely mentally ill and am still ill and receiving Social Security disability. I've been unable to work full time since 2013. Would I be able to file a lawsuit... Read more »

Karen Piso Nadeau answered on Aug 14, 2019

I am sorry for your terrible situation. I assume this abuse happened while you were age 18 or over. Unfortunately, I believe the statute of limitations would bar any claims you may have. Typically, you have three years from the time of the incident to bring a lawsuit. The time has likely passed... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on

Q: Defendant was charged with domestic assault can prosecution convict him if there was no evidence presented in court

He was convicted based on his prior convictions, and false statements in the report he was sentenced to eight years

Dale S. Gribow answered on Aug 14, 2019

need more info

there has to be evidence to convict.

what may have happened was that he was on probation and violated the probation and was sentenced because of that.

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