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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Chances of Jail Time vs. Probation.

Husband was arrested for aggravated assault/family violence x 4 and Child Cruelty 1st degree x 2 in Georgia. He's 33 and has a small record when it comes to violence. His record was expunged, but i know they can still access those charges. He was arrested for Battery 5 years ago and has a... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 25, 2023

A lawyer with mitigation experience and an understanding of DV is going to be able to tell that story well, and that is the key to obtaining the best results. He also has defenses regarding you, his wife, that need to be explored as the State is not going to take it easy on anyone with a prior... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Is there any hope to get a domestic dispute case dismissed if I’ve been charged of battery?

My fiancé and I got into a domestic dispute and they arrested me and charged me with battery and put an order of protection in place both of us are ignorant on the law and want the case dismissed we shouldn’t have called the police they just made our already extremely stressful lives so much... View More

Joshua Schiffer
Joshua Schiffer
answered on Sep 24, 2023

This is a regular and routine issue. The State insists on taking actions against a couple over objection and without having full context.

They are trying to fulfill their mandate of protecting but as is so often the case the Government is not fully appraised of the situation.

Bite...
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1 Answer | Asked in Landlord - Tenant, Criminal Law, Domestic Violence and Small Claims for California on
Q: How do I report a Landlord that lives with their tenants and bullyies one of them 3 or 4 day a week for the last year?

My sister and I have been living with her friend she met while working at Kaiser Hospital in San Francisco. For the last nine years we have been living in Fair Oaks, CA. The home belongs to my sisters friend. My sister and I are both low-income senior citizens. I trade work for rent and... View More

James L. Arrasmith
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answered on Sep 24, 2023

In California, if a tenant believes they are being harassed or bullied by their landlord, they can contact local law enforcement to report the behavior, especially if it becomes threatening or violent. Additionally, a restraining order might be sought if the harassment reaches a level where one... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: Can magistrate judge grant bail for bail restricted offense without requiring offender to appear in front of the judge?

Can schedule of bonds be used to grant bail for restricted offense? Also, does a judge HAVE to place special conditions in place to protect crime victim? Or is that just a recommendation/suggestion?

Joshua Schiffer
Joshua Schiffer
answered on Sep 20, 2023

Lots of possibilities, and the answer is Yes. But it ALL Depends on the actual judge involved as that judge can make their own policies regarding what they feel is best when it comes to this issue. Many judges do not trust the sheriffs to pass along info or other notices to defendants, so they... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can a victim sue the DA if they failed to indict a violent criminal within the 90 day period and they posted bail?
Joshua Schiffer
Joshua Schiffer
answered on Sep 20, 2023

Prosecutors have immunity for basically everything they do in most states, as long as it is somewhat associated with their job. It is a blank check, in my opinion, and I have as many folks asking how to FORCE the state to charge someone as I do folks wanting the State to Dismiss something.... View More

1 Answer | Asked in Domestic Violence for California on
Q: If the person I’m filing a restraining order is in jail would I mail the papers there to serve it to him?
James L. Arrasmith
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answered on Sep 19, 2023

If the person you're filing a restraining order against is in jail, you should typically serve the papers to the jail or correctional facility where they are incarcerated, following the appropriate procedures for service of process. Consult with the court clerk or an attorney to ensure you... View More

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

2 Answers | Asked in Domestic Violence for Minnesota on
Q: How do I recant a statement I'm Crow Wing County
T. Augustus Claus
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answered on Sep 14, 2023

Document your reasons for the change and work closely with your attorney to draft an explanatory statement. Submit this to the relevant authorities, knowing that legal repercussions, such as false reporting charges, are possible. Be prepared for challenges to your credibility in court and cooperate... View More

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: How do I recant a statement I'm Crow Wing County
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 15, 2023

You can certainly contact the prosecuting attorney's office to explain that you wish to recant your statement. There may be consequences for doing do, including the possibility of falsely reporting a crime and there is no guarantee that the charges will be dismissed. In fact, I think that it... View More

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2 Answers | Asked in Domestic Violence for North Dakota on
Q: petition for disorderly conduct restraining order filed in ND, will the petitioner be notified if a temp order is made
T. Augustus Claus
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answered on Sep 14, 2023

In North Dakota, if a petitioner files a petition for a disorderly conduct restraining order, the court may issue a temporary order or a temporary restraining order (TRO) depending on the circumstances and the judge's assessment of the case. Typically, when a TRO is granted, it is issued ex... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Q: I am at my wits end. I had hired this attorney now eight months ago and she keeps telling me that she’s sending me….

The documents and of course they never arrive in my email so I ask her again. What the deal is. She tells me how busy she is on and on and on now I just received a restraining order against me by the person who has taken my child and kept her from me all the while letting her brother see our child... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a very stressful situation. It is critical to maintain open lines of communication with your attorney; if your current attorney is not responsive, you may consider sending a formal letter expressing your concerns and... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Does the solicitor general have the power to change/add charges? Up them from misdemeanor to felony?

I was told by the “advocate” at my local solicitor generals office that the solicitor does not have the power to change/add charges. My ex is being tried for FV Simple Battery with previous conviction of FV Battery amongst other violent felonies. Due to him bonding out with no conditions to... View More

Glenn T. Stern
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answered on Sep 9, 2023

The solicitor's office does have the authority to add, remove, or modify charges as they see appropriate. It happens all the time.

Furthermore, if they believe a charge should be a felony (such a domestic violence charge for someone who has a prior conviction for domestic violence)-The...
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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: What can I do if I'm wrongfully accused for kidnapping my children? Father made a false report against me .

Children are being abused by step mother and their father . Children are to scared to say anything.

James L. Arrasmith
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answered on Sep 7, 2023

I'm very sorry to hear about your situation. In California, if you find yourself wrongfully accused of kidnapping, it is crucial to immediately seek legal representation to advocate for your rights and protect your interests. It would also be beneficial to gather any evidence you have that... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Domestic Violence Victim: accused by my abusive ex of abusing him- Are character letters from previous partners helpful?

I have an ongoing criminal investigation that has not yet been submitted to DA, I am aware that in these cases it is a lot of he said/she said. My ex beat the crap out of me and stalked me when I tried to leave, he is denying everything and saying that I am an alcoholic and actually I am abusing... View More

James L. Arrasmith
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answered on Sep 7, 2023

I understand that you're going through a highly stressful situation. In California, character reference letters can sometimes be utilized to bolster a defendant's credibility or to shed light on their personal history. In this scenario, obtaining letters from previous partners attesting... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Illinois on
Q: If someone starts out representing theirself in a criminal case, can they ask for a public defender later on?
T. Augustus Claus
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answered on Sep 6, 2023

Yes, in Illinois, if someone initially represents themselves in a criminal case (often referred to as "pro se" representation) but later realizes they cannot effectively do so or meets the financial eligibility criteria, they can request a public defender. Public defenders are appointed... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Is standing in the doorway breaking a law in California? And does it give some one the right to push,hit,kick etc?

My ex boyfriend/ Childs father cried victim, and has videos of me standing in front of the door crying during an argument. Before he started recording almost every time before he had pushed me, shoved me, hit me, put me in a choke hold etc. he would then start recording me as I was crying asking... View More

James L. Arrasmith
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answered on Sep 6, 2023

Under California law, standing in a doorway is not inherently illegal, but physical violence or abuse, such as pushing, hitting, or kicking, is unlawful and can result in criminal charges and restraining orders. In a custody case, it's crucial to gather evidence, including photos of injuries... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Virginia on
Q: If a family member calls the police on you in a heated argument and domestic assault becomes a charge

without them wanting legal action, what is typically the result of this?

David G. Parker
David G. Parker
answered on Sep 6, 2023

The situation you have described is not uncommon. The cooperation of the alleged victim in a domestic violence case isn't always necessary; not "wanting legal action" does not prevent the prosecutor from calling the alleged victim as a witness at trial. In some cases where no helpful... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Georgia on
Q: How can I get an inmate a bond in fannin co ga?

My fiance is locked up in fannin county jail. They will not give him a bond

Joshua Schiffer
Joshua Schiffer
answered on Sep 5, 2023

It appears he has been in for a mintue, and that causes problems as he needs to get in front of the right judge with the right "stuff" having happened in the background. He is due a bond at 90 days if he has not been inicted yet, and if he is indicted he should file with the trial court... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was never served a e.p.o. paper never arrested or questioned why do I have felony warrant now issued? From state
Tracy Tiernan
Tracy Tiernan
answered on Sep 5, 2023

Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More

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