Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: If a judge tells you to take out a protective order against someone do you have to

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Jul 26, 2016

It depends - was it a suggestion made by the judge during the case, or was it actually ordered that you file for a protective order? Failing to obey a court order could cause you to be charged with contempt of court. Consider reaching out to a family law or general practice attorney in your area for guidance.
View More »

Q: Hi my boyfriend has two felonies. He's facing his 2nd domestic. Will he be locked up for a long time?

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Michigan on
Answered on Jul 25, 2016

Each successive offense increases the chances for incarceration. Therefore, your boyfriend is likely to be sentenced to a minimum of some jail time.
View More »

Q: I charge my ex bf assault n domesticated but honestly I don't want him to get jail time how do I stop it from makin bad?

1 Answer | Asked in Domestic Violence for Minnesota on
Answered on Jul 21, 2016

The prosecutor makes the decision whether to drop charges. In your particular case, charges should NOT be dropped. I understand that you are facing an emotional situation, but the fact of the matter is that you deserve much better than your boyfriend. Men do not hit women. Men do not emotionally or physically abuse others. Men behave with a higher level of decency. Please call Day One at 1-866-223-1111, they help victims of domestic violence and connect them with resources.
View More »

Q: Can I apply by myself to remove the conditional green card before the expiration date because of domestic violence

1 Answer | Asked in Domestic Violence, Family Law and Immigration Law on
Answered on Jul 18, 2016

There are questions and answers similar to the mentioned situation on our website at http://aba-us.com/other-services/?lang=en. You can take a look for general information. Good luck.
View More »

Q: It's been about 2 months I press charges on my ex boyfriend can I still drop them

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Texas on
Answered on Jul 18, 2016

Yes but then if he biffs you chances are they won't refile them and may be suspicious of your motives. Talk to a counselor--seriously--sounds like an abusive pattern where he's now in contrite mode, then you get back and the whole sorry mess starts over.
View More »

Q: Had a domestic violence charmed with battery case dismissed after done one year probation

1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Colorado on
Answered on Jul 14, 2016

The best advice is to schedule an appointment at the Denver USCIS office. Domestic violence and battery are "crimes of moral turpitude". Note, I am assuming you are a legal, permanent US resident--if you are a citizen, there are no restrictions.
View More »

Q: In Colorado, can a child testify in Court in a Civil Protection order case? Kids are 12 and 14. Protection Order

1 Answer | Asked in Domestic Violence for Colorado on
Answered on Jul 14, 2016

Yes, they can. Make sure to note the respective ages when you submit your witness list. Be warned, courts do not generally like children testifying and really do not like children testifying against one parent (at the behest of another parent).
View More »

Q: Im US resident and want to help my boyfriend who is undocumented immigrant. What should I do?

1 Answer | Asked in Immigration Law and Domestic Violence for Virginia on
Answered on Jul 13, 2016

If he has been the victim of a crime and has applied for a "U Visa," he is likely already on the best path. If you were married, you could petition for him as your spouse, but he may have to return to his home country for processing. If he had an attorney help with the pending application, he needs to speak with his attorney. If not, he needs to take his paperwork to an immigration attorney to review the situation. Good luck.
View More »

Q: I am 17 and in NJ. My 27 year old ex is stalking, hitting and threatening me. How do i get a restraining order?

3 Answers | Asked in Domestic Violence for New Jersey on
Answered on Jul 13, 2016

You need to retain experienced domestic violence counsel right away. Good luck.
View More »

Q: husband has been charged with domestic violence we have a lawyer but is there any way to get case dismissed before trial

1 Answer | Asked in Domestic Violence for Virginia on
Answered on Jul 11, 2016

If he has a lawyer, he needs to ask that person if there is a way to address the case before the trial date. Many jurisdictions will not advance a case sooner on the docket without a compelling reason to do so.
View More »

Q: Order Setting Hearing/DV W/O Temp Injunction-Judge What does this mean my sister was trying to put a restraining order

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Answered on Jul 10, 2016

From the title, I assume it's an order signed by a judge setting a hearing on a domestic violence hearing. It is before a judge (as apposed to a standing magistrate, I guess). What part don't you understand?
View More »

Q: My wife had put a CPO on me under domestic violence and an ex parte order to gain custody of my children it's a m1

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Ohio on
Answered on Jul 5, 2016

If you were convicted of an M1 domestic violence charge, you cannot get an expungement and face an uphill battle on the child custody front. If you were convicted of violating the protection order, whether you get an expungement will be fact dependent. The issue there will be whether there was a victim under the age of 16. If your child is a protected party, that could certainly be an issue. Again, you will face an uphill battle on the custody front as well.
View More »

Q: What steps to take as an (adult) daughter living with parents and the father is extremely abusive?

1 Answer | Asked in Domestic Violence and Family Law for California on
Answered on Jul 4, 2016

From the way you have worded your question, it sounds as if you are a friend or family member. You are describing a very dangerous situation. If a minor child is at risk, you may want to encourage the mother or adult child to reach out to either the police or Children's Protectve Service. This may be a situation where CPS may determine they need to step in to protect the younger child from harm. It would be a kindness to discuss resources with the adult child including how she might get...
View More »

Q: ex bf has beaten me up more than 6 times what can i do? What can happen to him? He has choked me almost killing me

1 Answer | Asked in Personal Injury and Domestic Violence for Texas on
Answered on Jul 4, 2016

I trust you have filed a criminal complaint. Your state may have a crime victims compensation act to help with your damages.

You would certainly want your thoughts known at any bail hearing and ask that any bail hearing include protection for yourself. Talk to the victim assistance coordinator at the DA's office that is handling this.
View More »

Q: Does a court still retain jurisdiction over someone if due process was violated but caught later in the case?California

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Jul 2, 2016

Your question is unclear. If family court gets jurisdiction because someone has appeared in court, the court may have jurisdiction for that case or hearing. Usually due process issues have to be raised by a party immediately. Could you provide more details, please.
View More »

Q: How can I proceed in keeping custody of my child in CA? Im a fit mother with a 2 yr old girl. Im from Ohio.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Jul 2, 2016

Was there a trial in Ohio? If the Ohio Courts have already held a trial and entered custody orders, unfortunately the California Courts are bound by that order or judgment. It is very difficult get California even to accept jurisdiction if there is still a case pending elsewhere. Your local Domestic Violence program may be able to get you in touch with a lawyer who can help you. Have you ever sought Domestic Violence Protection orders against this man either in Ohio or California? The...
View More »

Q: Can I drop DV charges against my Ex if it has been over 2 year w/o an arrest?

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Domestic Violence for Alabama on
Answered on Jul 1, 2016

The best way is just not show up for court and the DA will have to dismiss the case for lack of prosecution
View More »

Q: I married a US citizen in NYC almost 3 months ago. Im now 2 mo pregnant. He left me and got married to a another woman

1 Answer | Asked in Family Law, Immigration Law, Child Support and Domestic Violence for New York on
Answered on Jul 1, 2016

Did he get married again before getting a divorce? That marriage will not be valid if you did not get a divorce. Contact an attorney and talk in private to help you with this process.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough...
View More »

Q: I am in need of a Parental Responsibilities Evaluator, but I do not have the money to get one. Are there grants or probo

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Colorado on
Answered on Jul 1, 2016

There are no programs for PREs. You likely will never be able to find a PRE that works for free. PREs are hired guns and usually charge between $5,000-$15,000 for an evaluation. CFIs (court family investigators) are a less expensive option (statutorily they cannot charge more than $2,000 without court approval). CFIs are not subject to waivers or pro bono requirements. There is a list on the CO court webpage for CFIs in your judicial district, you can see if they will work for reduced costs...
View More »

Q: If a 14 year old girl gets into a fist fight with her 48 year old mom what are the consequences.

1 Answer | Asked in Juvenile Law, Criminal Law and Domestic Violence for California on
Answered on Jul 1, 2016

The 14 year old child would be subject to Juvenile Court Jurisdiction. Juvenile Court has discretion about how to deal with the child. The mother is an adult. Given the level of force you describe, it is likely that the local District Attorney might bring serious charges against the mother. Children's Protective Services may also become involved, to protect the child. CPS when it intervenes can require mental health and counseling services, and it can remove the child from mother's care....
View More »

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.