Your current state is Virginia
Judge made rulings (eviction) against petitioner in domestic violence case without any filed legal actions in court (cross- complaint) against petitioner . How often judge made rulings and charges against petitioner without filed legal actions(cases) in court?
In general, a judge might deny a petition that was somehow defective. For example, if the court lacks jurisdiction, or the petition did not state a cause of action, or that it didn't show that the petitioner was entitled to relief.
Evictions are paused in some jurisdictions because of... Read more »
Still in foster care not being adopted my son in a group home suicidal my daughter attempted suicide its in my my greatest concern but belief that they have sustained more damage and trauma in foster care unstability and now seperation than ever with me my kids want to come home they have been in... Read more »
You should reach out to a lawyer who is a certified specialist in family law in or near Orange County to get the help you need to be reunited with your children. Four years, however, is a long time for you to have waited to do this, so be prepared to explain why, if you have not tried getting your... Read more »
My ex violated the ofp and danco Hes in jail and keeps calling me and sending me mail but he sends it to tbe lady above me. So do just call the jail to report it or do u need to call the police as well
Police investigate crime. Jail staff serve a different function
My ex kicked in my door which resulted in a minor injury but I do not want to go to court he has threatened to kill me. He was caught at the scene of the crime. Can he still be convicted without my testimony?
Not unless there are independent witnesses to the event.
Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)
While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »
The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.
In addition to Texas law, you need to be 100% certain that you... Read more »
I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... Read more »
If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.
Can he still be charged with those things? He has pending charges still even after she said that it didn't happen. Should those charges be dismissed?
Yes, it happens alot. I doubt any type of suppression motion exists, and if the SOL is met, then there are probably no dispositive pre-trial motions available. That becomes an issue at trial.
If you have been subpoenaed to appear in court, you need to appear or you could be found in contempt. You should contact whoever is prosecuting the case, or whoever subpoenaed you as a witness and express your concerns. Your input as the victim should be taken into account. I hope that helps!
I have a family violence hearing next week to extend a protective order against my daughters father. Is there any sort of arrangements that can come from this that would restrict our contact but allow him and our daughter to see one another. I hate to take her away from him, she adores him and he... Read more »
Yes, the court can order parenting time if you ask the judge to. You can ask that the court allow parenting time, but a 3rd party can pick up and drop off, or you can meet at a police station to ensure your safety.
My daughter called 911 because my husband and I were fighting and when she came into the room I was unconscious on the floor. He said I hit him but there are no marks on him and I do not remember hitting him. I have a lot of bruising that I have taken pictures of. The officers said they had to... Read more »
First off, I am so sorry you are experiencing this.
As for your question, you can certainly report that your husband was the initial aggressor and you are the victim. But the fact that you already admitted to being the aggressor will likely be considered against you and the police/DA may... Read more »
And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... Read more »
It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... Read more »
My brother was arrested yesterday for domestic a&b after my sister attacked him. She pressed charges against him but he did not against her. She wont show up to court she is addicted to drugs and hardly there. What should I expect? I am very scared he is going to get prison time over this. She... Read more »
If it is a first offense, it should only be a misdemeanor. That means the worst he can get is 1 year jail time. If she is not going to testify against him then most likely it will be dismissed unless he gave a statement incriminating himself or someone else witnessed the altercation and they are... Read more »
My ex has falsely reported me for DV several times. After I was charged and some cases convicted she filed for Spousal Transitional Compensation through the military. This is a payout of over $100,000 over a three year period and free healthcare.
A benefit to the named victim in a case for filing an allegation against you would be considered a possible motive to lie. This information, particularly if known by the government, should be discovered to the defense.
Each case and scenario must be reviewed individually in relation to... Read more »
Yes, but the other parent will be filing on his behalf as guardian.
We have a court hearing next week to get it extended or for him to say why it shouldn’t be granted. What kind of things can I use as evidence to help me get the extension granted? I do have photos of damage inside my home and recordings of verbal abuse.
You can present the photos and the recordings. When presenting the photos, you have to say "this is a true and accurate depiction of {whatever it is.} Same with recordings. If you are having a virtual hearing, it will be tricky. You may want to consult with an attorney.
My hearing is coming up and I do not wish to continue the order. What should I do? Do I still attend the hearing?
If you fail to to to the next hearing, your CPO will be dismissed for "inactivity."
He is verbally abusive, mentally abusive, but has only pushed me once. He has been putting holes in walls and doors for years. Last night he slammed our Christmas tree on the ground in front of our 4 year old... is this an option so that he has to leave my house? He is escalating and my daughter is... Read more »
You should apply for a TPO and take the pictures of the damage to the property. The judge may grant the order. If not, you need to speak to a landlord / tenant attorney.
No. It is now up to the Commonwealth.
My son, daughter and I have spoken to Guardian ad litem and explained what occurred. What are our rights that we don't want to go to court?
If there is a subpoena for you to go to court you must go to court.
Nathan e Palmer court of appeal... I am his son.. the so called “victim”
This question isn’t very clear. I’d suggesting calling someone on Monday about this issue. Or follow up with a more specific question.
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