Domestic Violence Questions & Answers

Q: Pressed charges against my ex for domestic violence. How can I get charges dropped?

1 Answer | Asked in Domestic Violence for California on
Answered on Jan 23, 2018

once you make a complaint and a case is filed it becomes challenging to get charges dropped.

the People of the State of California are the victim and you are a wit.

you should probably talk to his lawyer to explain what you want to do or hire a lawyer for yourself who could talk to his lawyer.

your lawyer can advise the DA that you are not going to testify and that would go a long way towards dropping charges.
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Q: was arrested and have pending charges of assault family violence but the victim says they are not pressing charges

1 Answer | Asked in Domestic Violence for Texas on
Answered on Jan 23, 2018

You need to focus on the prosecutor's office, not the judge. Unlike what we see on TV, a judge generally lacks authority to dismiss a criminal case over the prosecutor's objection, except in rare situations like misconduct.

So the is whether your local prosecutor will dismiss an assault case when the alleged victim does not cooperate. Here in Travis County, the prosecution regularly pursues cases when the alleged victim is begging them for a dismissal. But in some other counties,...
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Q: If I press charges on my brother for physical and emotional abuse on my son will cps finally get my daughter out too?

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Oklahoma on
Answered on Jan 22, 2018

I'm really sorry no one answered your question earlier. It so old now, you have probably found an answer elsewhere. If you still have questions about this ask your question again, and give as many detailed facts as you can. Take care, and good luck to you.

Please visit my website, www.garyjdean.com, and near the bottom of the home page "Subscribe" so you can get occasional email updates on Oklahoma Law.
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Q: How do I drop domestic battery charges against my wife in San Diego?

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Answered on Jan 22, 2018

You can't "drop" the charges. Only the San Diego DA's Office which filed the criminal complaint can do so but you as the husband and "victim" can make it more difficult for them to prosecute.

I suggest you consult with and retain a skilled and experienced criminal defense attorney who can "think outside the box" and has come up with creative defense strategies to defend his clients. ;)
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Q: Can probation be revoked?

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Answered on Jan 22, 2018

If you are safe now, perhaps call the non-emergency number for the local city police or county sheriff's department.
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Q: My husband has F3 family violence revocation of probation and he had 7yrs probation,

1 Answer | Asked in Domestic Violence for Texas on
Answered on Jan 22, 2018

This is a question that really should be answered by a tax professional, instead of a family violence attorney.
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Q: If you have a felony warrant for family violence what are the consequences you could be facing?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Jan 22, 2018

The worst consequences depends on the level of the felony. In any case, the situation is serious and the defendant will need the best defense attorney the family can afford.

Most felony family violence cases are 3rd degree, and the punishment range is 2 to 10 years in the state penitentiary.

The next most common is 2nd degree with a maximum punishment of 20 years in the pen. This is the aggravated assaults (deadly weapon DW or serious bodily injury SBI) or just bodily injury...
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Q: Can I file a domestic violence charge the day after the incident?

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Jan 22, 2018

Yes. Technically, police have 2 years to charge someone with a misdemeanor after the incident. The longer you wait, the less likely it is to actually get charged, but there's plenty of time.
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Q: I have been separated from my abusive husband for 10 years I want a divorce but I don't know where he is

1 Answer | Asked in Divorce and Domestic Violence for North Carolina on
Answered on Jan 22, 2018

the easiest and fastest way would be for you to find him and get him properly served. If you can not do that, you can still get divorced but it will take much longer and be way more expensive. Visit our site at www.easyncdivorce.com
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Q: Why is my boyfriend being charged with assault on me when I️ never to police that I️ wanted to press charges?

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Jan 21, 2018

Your BF pushing you to get off him could be an unwanted touching and thus an assault. Once the police arrive on the scene, whether you want to proceed with the charges or not is out of your hands. Tell your BF's attorney that your BF did not assault you as far as you are concerned and you don't want to proceed with the charge of domestic assault. Also, on the day of trial, tell the prosecutor the same thing.
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Q: husband was charged in CA w Attempt to bodily harm spouse (Me) I was subpoena by DA, My statement was in my husbands

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Jan 20, 2018

I DON'T SEE WHY NOT.........

IF THERE IS NO RESTRAINING ORDER SHOULD NOT BE AN ISSUE
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Q: 5 years later my son's dad still wont have a relationship with him. I have full custody can I change my son last name?

1 Answer | Asked in Child Custody and Domestic Violence for Virginia on
Answered on Jan 20, 2018

This is not a criminal defense question. It is a family law question so I will try to redirect your question to that area of law.
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Q: Can I Be Jailed If I Can't Afford Court Ordered Classes ?

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Answered on Jan 20, 2018

FAILURE TO COMPLY WITH ANY CONDITION OF PROBATION RESULTS IN BENCH WARRANT AND JAIL IS ALWAYS POSSIBLE.

HOWEVER I WOULD THINK IF YOU HAD EXPLAINED YOUR FINANCIAL SITUATION TO YOUR LAWYER S/HE COULD HAVE ASKED FOR FEE TO BE WAIVED/REDUCED.

YOUR LAWYER COULD PROBABLY STILL RETURN TO COURT TO ACCOMPLISH THAT.
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Q: My wife said I hit her she was drunk, she is now saying I didn't, which is true. Will I still be prosecuted by the state

1 Answer | Asked in Domestic Violence for California on
Answered on Jan 19, 2018

you should hire a lawyer who can talk to the Filing Deputy DA and explain to you what should be done to get case no filed.

once filed a criminal case is like a snowball on top of a hill. It goes faster the longer it rolls.
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Q: What will the court do?

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Answered on Jan 19, 2018

i assume if you called police and they took him in he was arrested and will have a court date of charges of domestic violence.........he probably had $50k bail too.

it is not up to you to decide if charges are dropped...........you are the wit and the state of calif is the victim.
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Q: What are the consequences i would recieve if im 14 and punched my moms boyfriend who has m.s

1 Answer | Asked in Domestic Violence and Juvenile Law for Ohio on
Answered on Jan 19, 2018

If there are charges against you, the juvenile court will determine the proper punishment, which could include probation, community service, counseling, etc.
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Q: My child's father got charged with Assault and Battery against me, the subpoenaed me to court. What should I expect?

1 Answer | Asked in Family Law and Domestic Violence for Virginia on
Answered on Jan 19, 2018

The prosecutor will try to avoid a trial, depending on the nature of your described assault. If he qualifies for the first offender program, he will certain things to do, such as complete an anger management program; also a substance abuse program if you alleged drugs or alcohol played a role in the assault. Once everything is completed, the charge will be dismissed. However, the arrest record can’t be expunged in this situation.
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Q: can the person physically and verbally abusing someone you know go to jail if you go to the authorities instead of them?

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Jan 18, 2018

You should be worried but remember it is your mother's choice. You can least a person to water but you can't make them drink it.
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Q: I called the cops on my mom because she took money from me and poked me with a screw driver.

1 Answer | Asked in Personal Injury and Domestic Violence for Virginia on
Answered on Jan 18, 2018

She could ended up being a convicted felon which is never good. If you want to help her, contact her attorney to speak to him or her and tell you side of things. Whether the charges are dropped will now depend on the prosecutor but you can help her attorney try to get the charges dropped or reduced.
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Q: If one is tried for first degree murder but the verdict is that the murder was necessary, what would the punishment be?

2 Answers | Asked in Domestic Violence and Federal Crimes for New Jersey on
Answered on Jan 18, 2018

Murder is never necessary under the law unless it is to protect ones own life, although some states do allow it for protection of others but then generally it is charged as manslaughter. . .
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