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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Texas on
Q: Please explain me how is it possible , that judge make rulings against petitioner in Domestic Violence Case?

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?

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 5, 2020

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...
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1 Answer | Asked in Adoption, Civil Rights, Constitutional Law and Domestic Violence for California on
Q: My parental rights were removed because of housing issues and one dirty test fast forward four years my children are

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 »

Louis George Fazzi
Louis George Fazzi answered on Dec 5, 2020

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 »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My ex is in jail for violating danco.Do I report it to police or the jail? Can the jail file new charges or do cops

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

William Bailey
William Bailey answered on Dec 4, 2020

Police investigate crime. Jail staff serve a different function

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can a person be prosecuted in a domestic violence case for burglary and assault for if the witness isn’t showing up ?

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?

Timothy Denison
Timothy Denison answered on Dec 4, 2020

Not unless there are independent witnesses to the event.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Texas on
Q: Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

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 »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 3, 2020

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...
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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New York on
Q: If I take out an order of protection against my ex, who is an attorney, will he get disbarred?

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 »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 3, 2020

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.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a "victim" admits under oath that what she was accusing her ex of did not happen that she lied about it. Can he stil

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?

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2020

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.

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: I pressed charges on someone and now i have to go to court and testify but i no longer want to what should i do?
Timothy Kraeer
Timothy Kraeer answered on Dec 3, 2020

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!

3 Answers | Asked in Domestic Violence and Family Law for Georgia on
Q: Family Violence hearing. What about our daughter?

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 »

Regina Irene Edwards
Regina Irene Edwards answered on Dec 3, 2020

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.

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1 Answer | Asked in Domestic Violence for Colorado on
Q: I was arrested for domestic violence. If the court finds out I was actually the victim can my husband go to jail?

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 »

Sean Maye
Sean Maye answered on Dec 2, 2020

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...
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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Nevada on
Q: Ok kids resident state is nevada Temp custody inndomestic case was filed And no new custody order has been filed sense

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 »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2020

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 »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: what to expect with first offense domestic a&b charge?

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 »

Brian Boeheim
Brian Boeheim answered on Dec 2, 2020

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 »

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: Are police officers required to report monetary gain for a reporting victim?

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.

Sean P. Harrell
Sean P. Harrell answered on Dec 2, 2020

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...
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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Wisconsin on
Q: Can my 15 yr old file a restraining order on his father ?
David N. Iancu
David N. Iancu answered on Dec 2, 2020

Yes, but the other parent will be filing on his behalf as guardian.

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2 Answers | Asked in Domestic Violence for Georgia on
Q: I filed a family violence ex parte protective order and had my abusive boyfriend removed from my home.

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.

Regina Irene Edwards
Regina Irene Edwards answered on Dec 1, 2020

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.

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1 Answer | Asked in Domestic Violence for Idaho on
Q: Hi, I got a no contact order question. I have a 14 day no contact order on my husband.

My hearing is coming up and I do not wish to continue the order. What should I do? Do I still attend the hearing?

Kevin M Rogers
Kevin M Rogers answered on Nov 30, 2020

If you fail to to to the next hearing, your CPO will be dismissed for "inactivity."

3 Answers | Asked in Domestic Violence for Georgia on
Q: Resident of Walton county, GA. Can I get a protective order against my boyfriend who lives in my house with our daughter

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 »

Regina Irene Edwards
Regina Irene Edwards answered on Nov 30, 2020

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.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: my bf and I got into an argument & minor injury was caused. My parents forced me to call the police.can I drop charges?
Timothy Denison
Timothy Denison answered on Nov 28, 2020

No. It is now up to the Commonwealth.

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Q: Children & I don't want to appear in court. Son admits to overrating to claim dad assaulted him. Do we have to appear?

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?

Daniel P Leavitt
Daniel P Leavitt answered on Nov 27, 2020

If there is a subpoena for you to go to court you must go to court.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: There is an informational context on here that’s I’d like to have removed. At which I am placed as victim. How can I?

Nathan e Palmer court of appeal... I am his son.. the so called “victim”

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 26, 2020

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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