Domestic Violence Questions & Answers

Q: Hi , I have a domestic violence shelter problem, where I Know my rights are being violated.

1 Answer | Asked in Domestic Violence for California on
Answered on Apr 17, 2019
Dale S. Gribow's answer
much more info needed.

finding a rights lawyer and pro bono will be challenging.

the PD will represent one if charged with a crime.....otherwise contact legal aid in your city.

Q: My ex was arrested for thr dv case involving myself I was subpoenaed and didnt go to court today so they dismissed

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Apr 17, 2019
Dale S. Gribow's answer
more info needed.

i am surprised that they didn't pick you up or contact you ordering you to appear.

the facts that they didn't take any action is a good sign for you.

Q: Can I get a restraining order on my children's father before he gets released from prison.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for North Carolina on
Answered on Apr 17, 2019
Amanda Bowden Houser's answer
Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.

Sadly, you likely can but you...

Q: My boyfriend has a domestic no contact order from 2 years ago. How do I get the no contact off?

1 Answer | Asked in Domestic Violence for California on
Answered on Apr 16, 2019
Dale S. Gribow's answer
more info needed

are you the party he is to stay away from?

i would think the fastest things would be to talk to the lawyer who represented him.

the matter would have to be put on calendar and then a motion to remove the stay away order.

Q: By law is spanking a child considered physically child abuse if their are no bleeding swelling bruising ?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Apr 16, 2019
Kiele Linroth Pace's answer
A parent, step parent (or someone taking that role like a guardian or babysitter) can spank a child under 18 when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare. An educator can spank a student when and to the degree the actor reasonably believes the force is necessary to further the [education] or to maintain discipline in a group.

However, just because something is legal does not mean it can't be...

Q: My wife was raped and abused by her adopted brother from 12 to 14. Now 32, can she press charges in Texas

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Apr 15, 2019
Grant St Julian III's answer
She may contact law enforcement in the county where the events occurred. Good luck.

Q: In the state of Tn if charged with domestic assault do u have to serve a mandatory 30 days on first offence

1 Answer | Asked in Domestic Violence for Tennessee on
Answered on Apr 15, 2019
Cynthia A. Sherwood's answer
No. There is no mandatory time on a domestic assault charge in Tennessee. This is a serious charge, however, with serious consequences, such as loss of the right to possess a weapon for the rest of your life in addition to the stigma of such a charge. You should hire an attorney immediately.

Q: My boyfriend called the cops to get me on third floor or into heartland. They arrested me. I have mental disorders.

1 Answer | Asked in Domestic Violence for Missouri on
Answered on Apr 14, 2019
Ronald J. Eisenberg's answer
Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.

Q: If u have 2 chargers of 97-3-7(3) (1)??? and u no u didnt do it.wat should i do in court? i no not guilty??? Right

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Mississippi on
Answered on Apr 13, 2019
Arthur Calderon's answer
You should 1) plead not guilty, and 2) talk with a lawyer so that they can get some additional facts about your case and see how they can help.

Q: Is it legal for a judge to place a DVO against someone who is not a close relative?

1 Answer | Asked in Domestic Violence for Kentucky on
Answered on Apr 13, 2019
Timothy Denison's answer
Yes. It is legal. The standard is only a preponderance of the evidence.

Q: Do you still have a jury trial if you plead guilty at the first court date?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 11, 2019
Paul Stanko's answer
When you plead guilty, you admit your guilt and waive your right to any trial.

Q: Husband charged DV 2002 completed probation & told after completion charges dismissed under 1st offender but weren’t why

1 Answer | Asked in Criminal Law and Domestic Violence for Virginia on
Answered on Apr 10, 2019
Daniel P Leavitt's answer
If he can show it was supposed to be dismissed and he complied 100 percent then yes. He has to show it was essentially a clerical error.

Q: Hello my name is Luther, i am the victim in a case that is complex and has resulted in many serious injuries to me.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Apr 10, 2019
Grant St Julian III's answer
Contact the Innocence Project for post-judgment relief. Good luck.

Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Answered on Apr 10, 2019
Paul Stanko's answer
All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.

Q: what is the statue of limitation against domestic violence charges filed in 2015 if never persued.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Apr 10, 2019
Kiele Linroth Pace's answer
The limitations period is two years for the most common types of assault but three years on some felonies. The statute of limitations controls how long before formal charges can NO LONGER be filed. The limitations period is irrelevant if formal charges are filed within the required time. It is also important to know that the limitations clock stops ticking if the defendant is outside the state of Texas.

If the formal charges were filed but they are just sitting there and the state...

Q: How do I file a motion to dismiss a citation for family violence iw/ City of Dallas?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Apr 10, 2019
Kiele Linroth Pace's answer
Only the prosecutor can dismiss a criminal case.

The prosecutor is required to "consider" the opinion of the alleged victim, but the prosecutor has the responsibility for deciding whether to dismiss or seek conviction.

Q: IF MY 16 YEAR OLD NIECE SWING AT ME AND MISS BUT THE KICKS ME AND IT LAND I SIT ON HER TO KEEP HER FROM HIT AND KICK ME

1 Answer | Asked in Personal Injury, Domestic Violence and Juvenile Law for Texas on
Answered on Apr 10, 2019
Kiele Linroth Pace's answer
Anyone can get in trouble for anything. A more important question is can you get OUT of trouble. In this situation it sounds like you may have justifications for self defense in Penal Code 9.31 and possibly also discipline of a child under PC 9.61 (if her parents wanted you to look after her.)

If you are arrested, getting yourself out of trouble may be time-consuming and expensive... but it sounds like you've got a fact pattern that a skilled criminal defense attorney could use as...

Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Answered on Apr 9, 2019
Paul Stanko's answer
If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

Q: I am in desperate need of assistance finding help in seeing my three daughters who are being kept out of contact with me

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Carolina on
Answered on Apr 9, 2019
Amanda Bowden Houser's answer
What is 'amiss' is you trying to do your own legal work and you are not an attorney. Would you ever in a million years think to yourself - "know what, I know I'm not a mechanic but I'mma go ahead a rebuild my car's transmission - how hard could it be". Compared to legal work - you'd likely have better luck rebuilding the transmission properly. You need to hire an attorney. Best of luck.

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