Aaron Bundy Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

Limitations on claims are governed by statute and are usually so fact-sensitive that you need to speak to an individual lawyer as soon as you can to determine whether you may bring a claim. With that said, Okla. Stat. tit. 12 § 95 places a one year limit on civil claims for assault & battery.... View More

Danya Bundy Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

Most civil claims have an applicable statute of limitations that defines the window, or time period, when you may bring a claim. Generally, a civil claim for assault or battery must be brought within 1 year of the event. You should speak privately with a lawyer if you wish to assess your specific... View More

The best thing to do is to talk with the person's criminal defense attorney to see how you can help and if posting bail is possible in the case, albeit do understand there is a very high probability that that person will be under a no-contact order, at least until after the trial. This means... View More

If someone alleges an assault, either to police or in family court for example, that could qualify as "trouble" for the person accused. If facing a criminal assault charge in court, the defendant can raise the defense of self-defense, if he or she has some evidence to support that... View More

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More

It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More

You are a 'witness' to whatever happened that started the criminal charges involving your ex boyfriend, and the DA's office has issued a summons for your testimony. Whether you have a *right to refuse is very different than not participating or cooperating in the prosecution or not... View More

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More

The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.

Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the... View More

A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More

An order to communicate about you child via the OFW app or another is very important for setting boundary's and building trust. If the RO states it must be via the App, then it could be a violation. One issue is whether he understands the limits of the authorized discourse or not.... View More

Whether acts or omissions constitute discipline or neglect/abuse depends upon the specific facts and circumstances presented by the competent and admissible evidence in a lawsuit which will be adjudicated by a finder of facts (either a judge or a jury).

Generally, reasonable discipline... View More

Glenn T. Stern Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2024

I would say it's probably pretty likely, assuming the other battery warrant is also for a misdemeanor. If you really wanted to stack the deck in his favor, you could reach out to the prosecutor's office and tell them that you are the victim in the case and that you want them to give him a bond.

Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2024

I understand the complexity of your situation, and it's important to clarify how court orders from different courts interact in New York. In general, Criminal Court orders take precedence over Family Court orders, especially when it comes to orders of protection or no-contact orders issued in... View More

If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More

If the protection order is against him and he violated it, then you can contact law enforcement and make a police report. Depending on the contact, the prosecutor may file criminal charges against him for violating the protection order based on your report.

If you were the one served with... View More