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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Massachusetts on
Q: I got summons to testify on my now ex boyfriend on domestic violence. Assault and battery. Can I refuse to testify?
Lissa McKinney
Lissa McKinney
answered on Dec 8, 2024

You are a 'witness' to whatever happened that started the criminal charges involving your ex boyfriend, and the DA's office has issued a summons for your testimony. Whether you have a *right to refuse is very different than not participating or cooperating in the prosecution or not... View More

3 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"

The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to... View More

Robert Kane
Robert Kane
answered on Nov 29, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Richard Diamond
Richard Diamond
answered on Nov 21, 2024

The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.

Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: I received papers from a fake custody lawsuit from my ex husband, whom I have a restraining order against.

Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?

Leonard R. Boyer
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answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
answered on Nov 17, 2024

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

1 Answer | Asked in Domestic Violence for Massachusetts on
Q: Wondering if my restraining order was violated

I have a restraining order on my son s father . I got it in 9/2022 and I currently updated it 9/11/2024 and is effective until 9/11/2026

The restraining order has already been violated last year and he plead guilty with a fine.

We are only to communicate via a court order app and... View More

Lissa McKinney
Lissa McKinney
answered on Nov 13, 2024

An order to communicate about you child via the OFW app or another is very important for setting boundary's and building trust. If the RO states it must be via the App, then it could be a violation. One issue is whether he understands the limits of the authorized discourse or not.... View More

1 Answer | Asked in Domestic Violence and Juvenile Law for Texas on
Q: How do I know if it’s discipline, or neglect/abuse?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Whether acts or omissions constitute discipline or neglect/abuse depends upon the specific facts and circumstances presented by the competent and admissible evidence in a lawsuit which will be adjudicated by a finder of facts (either a judge or a jury).

Generally, reasonable discipline...
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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How likely is it that my partner will receive bond?

He was arrested on a simple battery warrant l, paid the bail for that—but today was transferred to another county to satisfy a battery warrant. I was the victim in both cases, I just want to know how likely. I am praying he gets bond for this county.

Glenn T. Stern
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answered on Nov 7, 2024

I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More

Brent T. Geers
Brent T. Geers
answered on Nov 4, 2024

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should he expect during his pretrial hearing?

I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.

Madolyn García Falone
Madolyn García Falone
answered on Nov 4, 2024

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?
Stephen Bilkis
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answered on Nov 30, 2024

I understand the complexity of your situation, and it's important to clarify how court orders from different courts interact in New York. In general, Criminal Court orders take precedence over Family Court orders, especially when it comes to orders of protection or no-contact orders issued in... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?
Stephen John Riebling
Stephen John Riebling
answered on Nov 4, 2024

If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More

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1 Answer | Asked in Domestic Violence for Nebraska on
Q: My husband served protection order and violated it 3 hours afterwards with the aid from friend and deputy who served
Julie Fowler
Julie Fowler
answered on Oct 31, 2024

If the protection order is against him and he violated it, then you can contact law enforcement and make a police report. Depending on the contact, the prosecutor may file criminal charges against him for violating the protection order based on your report.

If you were the one served with...
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2 Answers | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Trying to obtain transcript of a specific court date in PW County Virginia criminal court case in which I was the victim

No transcripts were received with my FOIA request from the court. The company who has the transcript quoted cost of $600. As the victim in this case, are any options available to obtain a copy for free?

I later sent this to the court:"Virginia Law § 19.2-165,The reporter or other... View More

David G. Parker
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answered on Oct 30, 2024

Unfortunately, FOIA involves the requesting party having to pay for the reasonable costs of production. Additionally, the statute you cite includes the following language: "Upon the request of any counsel of record, or of any party not represented by counsel, and upon payment of the reasonable... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How to reverse a no cohabitation

If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a... View More

1 Answer | Asked in Family Law and Domestic Violence for Virginia on
Q: Can I get a VA Protective order for stalking/harassment without a specific threat of bodily harm?

I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a... View More

David G. Parker
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answered on Oct 23, 2024

As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Massachusetts on
Q: Do two party consent laws prevent someone from recording someone else in their own home if both people live there?

Regards video and audio recording. Is there an exception for possible domestic abuse scenario

Brian Waller
Brian Waller
answered on Oct 23, 2024

There can definitely be consequences for recording someone without their consent.

While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as...
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3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I'm staying at a hotel and I was attacked House keeping allowed this man to come in after I clearly said not to.

House keeping opened the door for him even after I said not to.

He was yelling and hitting the door.

His name is not even registered as a guest here.

James Clifton
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James Clifton
answered on Oct 16, 2024

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How to get a criminal protection order dismissed penal code 136.2

The DA filed it on my behalf after my boyfriend broke my cell phone durning a 911 call he was having mental health issues

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important... View More

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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Oregon on
Q: Is there any way a victim of Domestic Violence can remove the No Contact order against their perpetrator?

I was coerced into facing the grand jury for my partner and was told if i didn't go in front of them and speak up about what happened, then I would be charged with a crime. I did not want to go, nor did I ever want to press charges, let alone have a no contact blessed on us. It's... View More

Gregory L Abbott
Gregory L Abbott
answered on Oct 7, 2024

It is very common for victims of DV to later recant and/or want no contact orders lifted. Very rarely is that granted. You can try talking with her attorney to see if you can do anything to help her legal position but ultimately, the legal process will play out and you can't alter it very... View More

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