Domestic Violence Questions & Answers

Q: Can I refuse communicating with my ex husband if he has been harassing me and my family even though we have a child?

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Answered on Feb 10, 2016

Yes, you need to file a protective order and there will be a hearing and the Judge will decide the terms of the protective order and for how long.

Q: Hello, my father verbally abuses my mom and I recently walked in on him hitting her. What will police do if I call?

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Feb 9, 2016

If you call the police and tell them you witnessed your father hit your mother, they will arrest him and he will be charged whether she wants that to happen or not. Domestic violence is a hot button issue right now and it is becoming more and more apparent that many women are lying when they claim it didn't happen. With several high profile deaths in the last few years, where women had sought to have charges dropped successfully, the courts are less and less inclined to permit the victim to...

Q: What is a dedicated dv pretrial

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Feb 9, 2016

Many courts operate separate dockets (schedules of cases) for domestic violence issues. These dockets are typically handled by a single prosecutor and often involve special treatment options. A pre-trial is a meeting at the court between the government and the defendant and/or his or her attorney. A dedicated DV pre-trial is such a meeting scheduled on the court's domestic violence dockets. The prosecutor's office has a victim advocate no doubt. If you have questions regarding a specific case,...

Q: Why won't they drop domestic violence charges even if the woman says so?

1 Answer | Asked in Domestic Violence for Georgia on
Answered on Feb 1, 2016

it's not the woman's case; it's the state's case so if they want to prosecute the woman is merely a potential witness.

It is not the woman's case; it is the State's case. The woman is a potential witness but doesn't make legal decisions for a crime such as this.

Q: Can I be presecuted for DV wile in diversion But get another one when im innocent can I still be prosecuted on the first

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Jan 29, 2016

You really need to get a lawyer now. Sometimes there mere fact of an arrest is made a violation of diversion. This is, of course, unjust because innocent folks are occasionally arrested.

Q: can I put a restraining order on my sons dad and his girlfriend?

1 Answer | Asked in Domestic Violence for Arizona on
Answered on Jan 25, 2016

If you can prove the threats, they may support a protective order. I'd be cautious about this, though. Please evaluate whether you truly think it's necessary because if it's found to be needlessly filed, you could be responsible for any costs (including attorney's fees) incurred by the respondent(s) to quash the order.

Q: How do i get discovery without a lawyler?

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Jan 24, 2016

make written request to prosecutor if criminal. DOMESTIC VIOLENCE DEFENSE

by Kenneth A. Vercammen, Esq.

New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical injuries, police may arrest the man. The police are required to give the victim information about their rights and to help them. Among other things,...

Q: My bf tried taking my phone and i didnt give it to him we started yelling at each other and the window at my porch were

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Jan 24, 2016

DOMESTIC VIOLENCE DEFENSE

by Kenneth A. Vercammen, Esq.

New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical injuries, police may arrest the man. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J....

Q: I have a DV order that I am in process of having lifted and I was arrested, can she go with me to court?

1 Answer | Asked in Domestic Violence for California on
Answered on Jan 18, 2016

Yes it would, but if you were arrested, there may be a restraining order against you and speaking to your wife may be a violation!

Q: How do we get rid of a so-called son-in-law who bullies us (my wife and I) constantly?

1 Answer | Asked in Domestic Violence for California on
Answered on Jan 18, 2016

This sounds like elder abuse. You need to get an attorney as soon as possible to protect you. Get a restraining order. If your son-in-law is living with you (and it sounds like he is), you can kick him out in a day or two. Please do not try to do this on your own. The situation sounds volatile. Take care.

Q: My boyfriend is in jail for domestic violence and he has priors. Will he do prison time?

1 Answer | Asked in Domestic Violence for California on
Answered on Jan 18, 2016

He could. It probably depends more on if he is on parole. If he is, it will be a violation. If no, they will likely have him spend a few days in jail and place him on probation.

Q: Is there a way to have a dissolved injunction expunged from the record?

1 Answer | Asked in Domestic Violence for Florida on
Answered on Dec 17, 2015

The argument is that it is scandalous and should be stricken from the record.

Q: I called police on hubby, he was arrested for DA & DDC. I didn't file a statement & want case dismissed

1 Answer | Asked in Domestic Violence for Rhode Island on
Answered on Dec 10, 2015

The case is now in the hands of the prosecutor and the judge. They have the authority to decide if the case will be dismissed. hopefully, he retained a good attorney to assist him in navigating the process. Without your cooperation, it is very difficult for them to make a case. Judges are very careful with cases like this as sometimes the accused has somehow influenced the accuser into recanting their testimony(I am not saying that this is the situation in your case but that is why things work...

Q: Can my husband show up with me to the preliminary hearing and drop the domestic assault charges on me that he filed?

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Dec 9, 2015

Short answer, no. Once charges have been taken out, the only person who can dismiss the charges is the Judge. The Commonwealth attorney can ask for them to be dismissed, but only the Judge can dismiss them.

Q: My father was arrested for domestic violence and now he has a court date and my mother wants to drop the charges.

2 Answers | Asked in Domestic Violence for New Jersey on
Answered on Dec 7, 2015

Yes, your father could face jail time. The fact he was arrested may lead to a case going forward against him, even if your mother wants to drop the charges. The case could be transferred to the Criminal Division of Superior Court or it could be decided in the Family Part. Without a complete set of facts and a review of all pertinent documents the your question cannot be answered more specifically. However, if it is transferred to the Criminal Division of Superior Court, you will need the best...

Q: I signed charges on my boyfriend for domestic violence and now i dont want to pursue the charges can i be charged

1 Answer | Asked in Domestic Violence for New Jersey on
Answered on Dec 5, 2015

I would suggest that you get a lawyer as yes you could be charged if they can prove you gave false information, but this can be handled with making the chance of this happen very small with a lawyers advise.

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