Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: My friends boyfriend has hit her in front of her kids and hasn't made a report. And has tried taking the kids.

1 Answer | Asked in Domestic Violence for California on Aug 3, 2015

Answered on Aug 4, 2015

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Adam Studnicki's answer
She can still call the police.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help...

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Q: Hi my question is me and my boyfriend got into an arguemt he asked me to leave and I wouldn'the called the cops

1 Answer | Asked in Domestic Violence for Florida on Aug 3, 2015

Answered on Aug 3, 2015

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Robert Jason De Groot's answer
No, the court will not give you full custody. And no, they probably will not drop the charges. Get a criminal defense attorney on your side, and go see a local attorney about the custody matter. Actually, the boyfriend does not have rights unless and until he gets to court to file a paternity case, and gets his rights established. At this stage the very best thing to do is not speak with anyone about this at all except for attorneys.

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Q: do I need a lawyer after being served civil summons domestic violence papers in nc ?

1 Answer | Asked in Domestic Violence for North Carolina on Aug 2, 2015

Answered on Aug 3, 2015

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Melissa Averett's answer
A Domestic violence protective order can limit your right to possess a firearm, it can limit your employment options, limit where you can live, etc. So yes, you should hire an attorney.

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Q: my boyfriend got locked up on april 14 for family violence he stayed overnight and today july 14 is he going to jail

1 Answer | Asked in Domestic Violence for Georgia on Jul 14, 2015

Answered on Aug 2, 2015

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Julie A. Rice's answer
It doesn't matter if you are pregnant. If the court has ordered that he go to jail, then he's going to jail. Pregnant women have to go to jail and give birth in jail. He doesn't get any favorable treatment b/c you are pregnant.

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Q: can domestic violence charges be dropped if the victim doesnt show

1 Answer | Asked in Domestic Violence for Florida on Jul 31, 2015

Answered on Aug 1, 2015

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Robert Jason De Groot's answer
You need an attorney. The case will probably be continued if the victim does not show up for the trial.

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Q: If its his 3rd dv case but the girl is not comming to court nd she had nothing worng with her will he get out at pretria

1 Answer | Asked in Domestic Violence for Ohio on Jul 29, 2015

Answered on Jul 30, 2015

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Matthew Williams' answer
Has he been arraigned? That is, has he had his first appearance before a judge? If so, then a bond has been set and he will get out when the bond is paid or the case is resolved. The prosecutor will likely be able to secure several continuances while trying to deal with his or her uncooperative witness so it is extremely unlikely the case will get dismissed at the first pre-trial. He is building up a rather serious history and faces a serious charge. He should get a lawyer involved asap.

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Q: Can I have gun transferred to me if I just got a domestic charge? Note: This happened after I bought these Guns!

1 Answer | Asked in Domestic Violence for Florida on Jul 29, 2015

Answered on Jul 29, 2015

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Robert Jason De Groot's answer
This has become a rather complex area of the law. What you need to do is go see an attorney. It's complicated.

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Q: If I ws just charged for domestic battery could I still sign papers to own firearm with out getting arrested?

1 Answer | Asked in Domestic Violence for Florida on Jul 26, 2015

Answered on Jul 27, 2015

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Robert Jason De Groot's answer
I do not know enough facts to give you an answer. Were you just charged as in recent, or was it just a charge which got dismissed?

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Q: If my mother gets hit from her husband and is affraid to file report can I file it for her even if she doesnt want to

1 Answer | Asked in Domestic Violence for Florida on Jul 26, 2015

Answered on Jul 27, 2015

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Robert Jason De Groot's answer
No, you cannot file a police report for someone else. But you can sign a witness statement.

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Q: I was charged domestic violence 3rd ordered to take classes and didn't whats going to happen

1 Answer | Asked in Domestic Violence for Alabama on Jul 24, 2015

Answered on Jul 25, 2015

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Mr. James Parrish Coleman's answer
You probably pleaded guilty and have received some sort of pre-trial diversion or other withheld adjudication program. You were required to take classes, but ignored that court order. At best, your probation will be extended if you immediately start the classes (I suggest you start them before you go back to Court). At worst, you will be adjudicated guilty of the crime, and the sentence that was probated will be imposed -- and that probably means you go to jail. You must not ignore a court...

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Q: Is there a time limit on the act of violence and filing charges

1 Answer | Asked in Domestic Violence for Ohio on Jul 19, 2015

Answered on Jul 20, 2015

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Matthew Williams' answer
Ohio's general statutes of limitations are 2 years for misdemeanors and 6 years for felonies. Domestic violence can be a misdemeanor or a felony depending upon the circumstances (serious physical harm = felony) and the history of the accused party (prior DV conviction = felony).

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Q: My husband hit me brutally on my face and head. I had concussion and fractured skull.

1 Answer | Asked in Domestic Violence for North Carolina on Jul 18, 2015

Answered on Jul 19, 2015

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Melissa Averett's answer
Have you contacted Legal Aid and/or the domestic violence advocacy agency in your area? That should be able to tell you if law enforcement and the district attorney's office is likely to prosecute him in criminal court. But you also have civil remedies, you can file for a protective order (although probably not on an emergency order), money damages for personal injury and all the claims you would have in a divorce case.

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Q: I pressed charges on my son's father automatically when I got the paper it said the state vs the defindant .. I want to

1 Answer | Asked in Domestic Violence for North Carolina on Jul 7, 2015

Answered on Jul 17, 2015

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Melissa Averett's answer
The 5th Amendment to the Constitution protects your rights against self-incrimination in situations when YOU are being accused of a crime. It does not apply if you are not being asked about crimes you committed. An act of domestic violence is a crime, just like speeding, or stealing. The state prosecutes people who commit crimes, so that's why the case is labled NC vs. Baby-daddy, not you vs. him. You should contact the domestic violence advocacy agency in your area and ask them to help you...

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Q: Was charged w/ Dom Viol 3rd but settled on reduced charge 'Harassment' $100 fine.Is it still misdemeanor?can be expnged?

1 Answer | Asked in Domestic Violence for Alabama on Jul 15, 2015

Answered on Jul 17, 2015

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Mr. James Parrish Coleman's answer
No crime in Alabama can be expunged unless you were found not guilty or if the charges were dismissed. If you paid a fine, you pleaded guilty. THat means the new expungement statute offers you no relief.

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Q: Can I report dv by wife without press charging? Need to teach her lesson that violence is not the way to get her way.

1 Answer | Asked in Domestic Violence for Florida on Jul 16, 2015

Answered on Jul 17, 2015

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Robert Jason De Groot's answer
You do not have the ability to press charges. You can only report it. If the cops find evidence of abuse, they will arrest.

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Q: how much two domestic violence can hurt your record ?

1 Answer | Asked in Domestic Violence for Florida on Jul 16, 2015

Answered on Jul 16, 2015

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Robert Jason De Groot's answer
What do you mean by hurt your record? It is a criminal record and anyone can view it. It will show up in background checks by employers and landlords.

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Q: How long does it usually take for a criminal (battery) trial take to get on docket?

1 Answer | Asked in Domestic Violence for Florida on Jul 16, 2015

Answered on Jul 16, 2015

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Robert Jason De Groot's answer
It depends upon the facts of the case and when the state attorney and defense attorney are ready to try the case.

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Q: I am being charged with a domestic battery strangulation but I never choked her she attacked me what will happen?

1 Answer | Asked in Domestic Violence for Florida on Jul 11, 2015

Answered on Jul 12, 2015

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Robert Jason De Groot's answer
You have asked this twice. Get an attorney on your side or wait for the public defender to be appointed if you are indigent. First there will be an arraignment, at which you must plead not guilty. Then there will be pre-trials probably every month until the case is resolved.

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Q: charged for strangulation but never chocked her I pushed her from attacking me whats next?

1 Answer | Asked in Domestic Violence for Florida on Jul 11, 2015

Answered on Jul 12, 2015

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Robert Jason De Groot's answer
What is next is that you should get an attorney. If you are indigent you might get the public defender. She might even change the story now. But that alone will not make the case go away. It really is best to get a private attorney on this matter.There will be an arraignment first, and then a set of pre trials each month until the case is resolved.

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Q: If my brother is charged with family violence for the 4 time what the chance of him going to prison

1 Answer | Asked in Domestic Violence for Georgia on Jul 9, 2015

Answered on Jul 11, 2015

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Julie A. Rice's answer
The chances are very good that he is going to prison for a long time. Unless the charges are years apart, it is unlikely that the court will have mercy upon him. The court is going to protect the children and putting him in jail is a good way to do that.

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