They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »
If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.
Boyfriend and I had an argument it became physical and my friend called police they made me write a statement and say I wanted to press charges... He sees judge in morning I want to recant but how do I do this?
Contact the District Attorney's office in the county where the case in question is pending and ask about filing an affidavit of non-prosecution. Clearing your warrant before you meet with the DA would be a good idea as well. Good luck.
I have a warrant they didn't take me as long as I made a statement and said I would press charges now I regret it and want my bf home he has court in the morning and they filed a 30 day no contact order what do I do?
You may make any statement you desire; what the State does in response to any such statement is another matter. You cannot force dismissal of criminal charges or removal of a protective order. Talking with an attorney would help. Good luck
I am mobile home co-owner (Registration & Title). Is there any way including what he says is my not being on rental agreement (which I am), whereby he could accomplish this? Violence has escalated each time, until police came last weekend (9/19). My wrist is bruised and swollen due to his... Read more »
Police can ask anyone anything they want anytime anywhere. What can be done with the information and whether it will be admissible as evidence in any court proceeding is another issue. Talk with your attorney.
Once the police have been called it is out of your hands. If someone has been charged with a criminal offense, they need to hire a criminal defense attorney right away. The sooner an attorney is hired, the better.
I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »
Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For...Read more »
perjury in parent/child progress reports, failure to disclose conflict of interest, uses threats to control parent, minimizes reports of child abuse, using DV by proxy, and prolonging case for financial gain.
What are my options/rights to ensure MFT can no longer exploit future/current... Read more »
Has prior history of child in danger meant he has third party ppl contacting me telling me not to go to court he is attempting to obtain custody or visits but it’s in the child’s best interest to cut all ties he’s never been in our daughters life until a year ago after he was released 2 years... Read more »
I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).
and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »
You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.
I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case... Read more »
I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?
You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.
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