Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: Can me and my girl friend go under common law marriage in ga if we been there five years and have a child together

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Answered on Mar 29, 2017

No, common law marriage was abolished in Georgia in 1997.
View Details »

Q: Can I challenge temporary or permanent orders in the state of Colorado?

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Family Law for Colorado on
Answered on Mar 27, 2017

You can challenge both orders. It is usually unwise to challenge a temporary order because they are of such a short duration (and also not usually cost-effective for the legal fees). Permanent orders can also be challenged by: (1) requesting a rehearing (usually within 21 days of the order), (2) appeal or (3) requesting a modification (this applies most to family cases AND must occur after the cooling-off period and/or meet the changed circumstances requirement).
View Details »

Q: If a person charged with domestic battery but the person doesn't press charges will the charged be dropped

1 Answer | Asked in Domestic Violence for Florida on
Answered on Mar 26, 2017

This question was posted in the Texas forum but is about a Florida case. Re-post this question with the location set to Florida.

In Texas, the answer depends on the jurisdiction. For example, in Travis County the prosecution doesn't necessarily care what the alleged victim wants and will subpoena the alleged victim to testify in court even if he or she wants the case dropped. Some other counties are more inclined to dump a case like that.
View Details »

Q: Can have a demostic violence charge and not face prison time

1 Answer | Asked in Domestic Violence for Massachusetts on
Answered on Mar 25, 2017

You shouldn't discuss such case facts in a public forum, as this can be used against you in your case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
View Details »

Q: My roommate was convicted of child abuse. Can he be evicted and/or lease terminated?

1 Answer | Asked in Criminal Law, Domestic Violence, Real Estate Law and Landlord - Tenant for Colorado on
Answered on Mar 25, 2017

You can try to buy-out the tenant's interest or reach a private agreement for the tenant to leave. You cannot force an eviction or termination of the lease unless you are allowed in the lease agreement. If there is violence directed towards you or the children you can proceed with either an injunction or domestic violence claim (which also grants and injunction). Beyond that you cannot force the roommate out legally. Also be forewarned, if you make the living arrangement too uncomfortable you...
View Details »

Q: If you have order protection and some made complaint aginst you but they didnt press charges how can the police can

1 Answer | Asked in Domestic Violence for New York on
Answered on Mar 24, 2017

Individuals don't "press charges", they only report crimes. Police investigate crimes. Only the District Attorney can bring criminal charges or not. They can subpoena witnesses such as the alleged victim to testify, even if they don't want to testify. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
View Details »

Q: If psychiatrist reports a DV case, what happens next?

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Mar 24, 2017

Police may investigate and the DA may charge the alleged abuser with a related crime, possibly a misdemeanor for DV. See: http://domesticabuse.stanford.edu/reporting/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
View Details »

Q: If I press charges on someone for domestic violence and file for a restraining order do I have to go to same court

1 Answer | Asked in Domestic Violence for California on
Answered on Mar 22, 2017

You can request a restraining order in civil court or family court. You would appear in court for that. You can report DV to the police, and the DA can bring criminal charges and call you as a witness. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
View Details »

Q: I was wondering what are the oregon laws on custody and Visitation when the father uses illegal drugs??

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oregon on
Answered on Mar 22, 2017

Your question doesn't make sense. With respect to custody and parenting time the court generally makes a customized order for each case. Generally speaking you need to keep your child out of any potentially dangerous situation and that includes keeping the child away from a parent who is actively abusing drugs. It sounds like you have already gotten a protective order and you are just waiting for it to be served. If the protective order states that you don't have to let your child go and...
View Details »

Q: hi there I want to know how can take my husband out from home? he abuse me and my children spychologically

1 Answer | Asked in Divorce, Civil Litigation and Domestic Violence for New Jersey on
Answered on Mar 22, 2017

For an experienced matrimonial attorney, your case is not that difficult. You need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. Your questions and concerns cannot adequately be dealt with in this forum. You need the best attorney you can afford, do not let geographic considerations be a factor in your choice of an attorney. Good luck.
View Details »

Q: Can you still live with your spouse after a dv

2 Answers | Asked in Domestic Violence for California on
Answered on Mar 21, 2017

If there is a restraining order in place that prohibits contact, the victim of domestic violence would have to seek a modification of the order to allow for contact. Determine what the court orders are or if there are no court orders, see if there can be an exception on the order to allow for contact.
View Details »

Q: Can I sue a former Romantic Partner for Emotional Abuse, Physical Abuse, Negligence in New York?

2 Answers | Asked in Domestic Violence, Family Law, Libel & Slander and Personal Injury for New York on
Answered on Mar 21, 2017

YES, so long as this happened fairly recently in the past, which it did, and there are difference statutes of limitations for many of the torts (civil crimes basically) she committed against you. For example, assault and/or battery must be brought within ONE year, while you have THREE years to bring a claim for negligent infliction of emotional distress, etc.

One of the best claims you have against her is for defamation (libel/slander). When you say "She would always tell people nasty...
View Details »

Q: My friend has a poa for my minor children in dallas txs. I am here to revoke that poa. She is refusing. What can i do

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Answered on Mar 21, 2017

You should schedule a sit-down consultation with an attorney that practices family law, especially child custody issues. The question is also labeled "Domestic Violence" so I'd like to remind you that these posts are visible to the public, including prosecutors, so you want to be careful about what you share online.
View Details »

Q: can children who are age 12 and 15 that were witnesses to event be forced to testify

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Virginia on
Answered on Mar 21, 2017

Children can be subpoenaed to testify to what they've seen. Speak to your defense attorney about your trial strategy, and please don't post info about your criminal case on public forums such as this. Keep it between you and your lawyer.
View Details »

Q: can petitioner be arrested for violating order of protection

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on Mar 20, 2017
View Details »

Q: Charged with domestic violence. What to do?

2 Answers | Asked in Domestic Violence for New Jersey on
Answered on Mar 19, 2017

You should immediately hire a good criminal lawyer and if you can talk to him tell him to admit to nothing to the police. Most of us criminal lawyers offer free in office consultations during normal business hours. If you need an after hour or weekend consultation most attorneys will charge you, but when its an emergency, its an emergency and you should not worry about money. If you cannot afford an attorney, a lawyer will eventually be appointed for him but this could be from a few days...
View Details »

Q: I am being accused of violating a protection order my ex took out in Kansas City MO even though I live in Arlington TX.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Mar 19, 2017

To clear the warrant, you will have to post the bond. You will also have to get booked into jail unless you can get a judge to waive bookin. Your best bet is to hire an attorney to help you navigate that process.
View Details »

Q: How do I drop a restraining/protection order against my boyfriend who is in juvenile hall?

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Answered on Mar 18, 2017

The DA, not the victim, makes such decisions. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
View Details »

Q: Does venue change if DV and Ex Parte order is filed in a different county than the alleged acts claimed to have​ occured

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Mar 17, 2017

See my answer to your identical question here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
View Details »

Q: Does venue change if a DV/Custody order is filed in a different county than the acts claimed to have allegedly occured?

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Mar 17, 2017

Venue is based mainly on the most recent location of residence of the divorcing parties, not where abuse occurred, necessarily. Other factors are relevant too. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.