Nina Mironenko's answer Yes, you should make an application for an adjournment to amend your petition and to prepare to the counter petition. You may make the application at the next court conference or hearing date.
Kiele Linroth Pace's answer A no contact order like this can be either a condition of a jail release bond or a condition of a magistrate's emergency protective order or both. If you have both, then both need to be removed, otherwise you could be charged with a new crime for any violation.
These orders are issued by a judge and can only be modified or vacated by the judge. Your criminal defense attorney is probably the most appropriate person to file the motion, but if the alleged victim convinces the...
Thomas C Gallagher's answer As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota https://wp.me/pAFjr-7v . If he was found mentally ill it's possible the criminal charge may be dismissed (i.e., misdemeanor) or postponed until he regain competence after treatment. It would make sense in that...
If this behavior persist and it has never been addressed, it could impact custody aspects of a divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and ensure you understand your rights.
Sasha Dadan Bonna's answer Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
You don't have to be hurt to file for an injunction. Your husband could hit you without it hurting....
Ellen Cronin Badeaux's answer This is 4 questions because his sentance can run consecutively or concurrently and he may be a tripple bill. He needs a criminal defense attoeney to calculate his exposure if any of his priors are less than 10 years ago.
bringing police in will make things difficult from here on in.
I would try to talk to the party one on one in a calm manner and explain that if he has a problem with you in the future to just ask to talk and not scream in front of a child. Explain he would not have wanted you to do so in front of his family either.
Ellen Cronin Badeaux's answer Can't tell from your question if you are the person seeking the TRO or opposing the TRO. Call your attorney or get a consultation with one. You may be assessed with court costs depending on your answer.
Angelina Bradley's answer Yes. In the criminal case, the district attorney’s office can choose to prosecute with or without the cooperation of the victim.
As a victim, you do have several state constitutional rights as a victim, including the rights to be consulted and notified of proceedings in the case. If you have questions about this, Peace Over Violence in LA provides pro bono assistance to victims of domestic violence, and the LA County Bar has programs as well.
Arthur Calderon's answer It really depends on the circumstances. I would highly recommend that you contact a criminal defense attorney to discuss further, especially concerning the facts and circumstances, so that you can be advised accordingly.
Sasha Dadan Bonna's answer If an injunction has been issued against you, you may be able to get it set aside if you did not receive proper notice of the court hearing and one was conducted without your knowledge. If however, you did receive notice and chose not attend and you would like to modify the terms of the injunction to see your child you should file a motion to modify and/ or terminate the injunction. Injunctions are meant to be temporary and not permanent in nature.
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