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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Louisiana on
Q: What are the chances that the charges can be dropped for battery of a dating partner by strangulation?

I’ve already filed the dismissal of charges form with the DA’s office.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 28, 2022

The prosecutor/District Attorney will make the final decision on whether or not to pursue the matter, however, the best thing which can be done is for the dating partner to retain and attorney and begin preparing the defense of the case, including mitigation or mitigating factors in favor or a... Read more »

1 Answer | Asked in Domestic Violence for Kentucky on
Q: The ex of my sister lie for Domestic Violence and won the case without evidence how she can fix this problem ?
Timothy Denison
Timothy Denison answered on Jan 26, 2022

Your only remedy is to ask to reconsider or appeal the decision to the Zcourt of Appeals.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a dv felony 4 charge. I read that they have 270 days to bring me to trial. It's been almost 2 years. Can they do
Matthew Williams
Matthew Williams answered on Jan 24, 2022

The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: My husband put his hands on me last night & i am going to the police today. Will they make him leave our home? He refuse

I have been a victim of domestic violence for the 17yrs I've been married. Now I do not mean I was hit every day but about once a year my husband gets very violent with me and in front of our 2 kids. About 4-5 yrs ago it was really bad and I called the police but did not press charges,he was... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 23, 2022

Hire a divorce lawyer to file for divorce, custody, child support and spousal support before the state takes your kids.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: What is the process for getting an order of protection extended when it expires? Do I have to go back to court?

I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Jan 22, 2022

There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.

1 Answer | Asked in Domestic Violence for Michigan on
Q: If I had my boyfriend arrested for DV and he goes to his pre-trial court date and asks to go to trial….

Will they summon me (the victim)? And if I don’t show up, will they drop the charges?

Brent T. Geers
Brent T. Geers answered on Jan 20, 2022

Yes, you will need to testify. And there is a statute that allows prosecutor's to use what you told the police. You'll want to be careful about what statements you made and will make, so that you don't end up charged with filing a false police report.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: No evidence in my file and it's almost trial
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 19, 2022

So? Were you expecting the police and prosecutors to put evidence in the public file? Ask your criminal defense attorney what evidence she has received in discovery and if she has everything she requested. She should be able to show it to you (except other witnesses' private information) and... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: What does M RVK/ASSLT FHM IMP B CIR stand for?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

My guess is: Motion to Revoke / Assault Family or Household Member, Impeding Breath or Circulation.

Unfortunately, there is no standard set of abbreviations and the only way to be 100% certain is to ask the office responsible for it... all anyone else can do is guess. The attorneys...
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1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... Read more »

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My husband is in jail for dv he got arrested was out on bond and got arrested again I need advice on how to make this

Better I never intended for any of this we've been married for a long time and he takes care of our family I need to get him out of jail out of trouble and back to work

Anthony C. Satariano
Anthony C. Satariano answered on Jan 18, 2022

In Ohio, whether or not the State proceeds with DV charges is up to the prosecutor. It is not up to the victim. Your husband should consult with a criminal defense attorney.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: The mother of my husband's other 2 children admitted to setting him up so that she could press domestic battery charges.

She admitted to setting him up so she could press the charges on him out of revenge for us being together. He was charged with domestic abuse by strangulation and child endangerment. A restraining order was issued on him. She has been harrasing him since the day he got out of jail. 200-300 messages... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

Your husband have an attorney? If not, he should immediately retain an attorney on the criminal matter, as well as potentially look at revising whatever current order exists re: his other 2 children,.

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1 Answer | Asked in Domestic Violence for Georgia on
Q: If damages occurred by my attacker am I required to repair or pay for it
Joshua Schiffer
Joshua Schiffer answered on Jan 14, 2022

So the attacker caused property damage and you are inquiring if you are responsible for it? Thats hard to answer without more facts as you may have independent duties to repair (such as leased property) that are in play regardless of the criminal process.

Very commonly the prosecution will...
Read more »

1 Answer | Asked in Domestic Violence for Louisiana on
Q: How long from arrest to trail in a domestic abuse battery case in Louisiana?

My girlfriend was arrested two days ago and a bind set at $5,000. I cant make her bail and was wondering how long she will have to sit in jail before she is released. She was defending herself.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 14, 2022

If you want her out, then you should try to make bail-----borrow the money from a friend or friends and whatever amount you have, let the court know and see if the bond can be reduced to that amount to allow you to bond her out. Of course, depending on the circumstances, you might be the victim in... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: do I have to go to my preliminary trial?

My lawyer is saying the state's attorney is reducing my charges. He is saying I do not have to go to my preliminary hearing now. He said the State’s attorney’s office said we should not go – which is the usual course of action when there is a reduction. I just wanted to make sure this is... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jan 13, 2022

You were not scheduled for a preliminary trial. You were scheduling for a preliminary hearing to determine if probable cause existed to charge you with a felony, presumably 1st degree assault. The State evidently determined that insufficient evidence existed for the felony count and the formal... Read more »

2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
Leland Hulbert answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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2 Answers | Asked in Car Accidents, Domestic Violence and Small Claims for Illinois on
Q: My ex has my car that i paid for. He has the car because both names are on the car. He totaled it and wants the title.

There is a restraining order so this is why it’s difficult. What do i do about the car situation and the title? I believe he’s getting money from the insurance company.

Chase Van Oostendorp
Chase Van Oostendorp answered on Jan 13, 2022

Is your ex your ex husband? If so, does the Divorce Decree state who retains possession of the vehicle? Is the restraining order against you or your ex?

These factors will have an impact on what your relief may be in this situation.

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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
Michael Mayoral answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

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