Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: My boyfriends 9 yr old son hits me all of the time, can I have him arrested on DV? he also hits my 6 yr old daughter

1 Answer | Asked in Family Law and Domestic Violence for New York on
Answered on Jul 26, 2017

Therapy may be required rather than police intervention: he's a child. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: If a 16 year old is on probation for Pety larceny and just got a domestic assault charge by the state what be outcome

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jul 26, 2017

That sounds like a probation violation. What does the probation order say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Once a police report is made for domestic violence, is it up to victim whether charges are pressed or is it up to the DA

1 Answer | Asked in Domestic Violence for Georgia on
Answered on Jul 26, 2017

Once the State gets involved in prosecuting the case, it is up to the State whether to proceed with the charges. However, usually, the prosecutor will take the victim's position regarding further prosecution into account when deciding whether to proceed with the case.
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Q: Do I have to file an injunction. Feel like I'm being forced to do so.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Florida on
Answered on Jul 26, 2017

You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.

But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
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Q: if you choose not to serve the other party and neither of you attend court will the case be dropped?

1 Answer | Asked in Family Law and Domestic Violence for California on
Answered on Jul 26, 2017

If you are referring to a request for a DVRO, yes, if you fail to serve and you don't appear, the matter will be taken off calendar.
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Q: My wife was charged with PC 243(e)(1), any chance of not being convicted/on her record?

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Answered on Jul 26, 2017

It's possible to avoid a conviction through a conditional plea whereby she would enter a plea of no context but sentencing would be put over for a year so she could complete 52 weeks of domestic violence counseling. It would be helpful to establish that there would be collateral consequences to a conviction that would impact her employability.
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Q: Greetings, I have a man odd situation, a new roommate moved in that had a cat, and so do I, I have a sphynx, we made an

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New York on
Answered on Jul 25, 2017

You can sue for damages related to conversion of personal property and breach of contract in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: I was arrested for domestic violence no charges were brought do I still have to do DV classes I live in California

1 Answer | Asked in Domestic Violence for California on
Answered on Jul 25, 2017

What was the judge's order? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. 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...
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Q: Does custody of prior children play a role in the custody you your child with that person? will i get custody?

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Jul 25, 2017

See my prior reply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. 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...
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Q: Does custody of prior children play a role in the custody of your child with that person? will i get custody?

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Jul 25, 2017

The court considers all relevant factors including the home situation, care of other children, recent history of violence, and so on. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: I suck my thumb and my mom started hitting my little sister when I do. Is this abuse illegal?

1 Answer | Asked in Domestic Violence for California on
Answered on Jul 25, 2017

You can report child abuse to CPS and the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: If I acknowledge in my paperwork, that my husband has been abusive to me on more than one occasion, in front of our son,

1 Answer | Asked in Domestic Violence and Family Law for California on
Answered on Jul 25, 2017

It sounds like you may need a lawyer to draft the necessary documentation to try to protect your rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I went to court judge sad six months 3 months in rehab and 3 months after care for a six month sentence I did five

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Answered on Jul 25, 2017

Have a lawyer review the judge's orders to determine what powers, if any, were granted to the PO. Also the PO's decisions should be reviewed to determine their legal and factual basis. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I...
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Q: Hello. Back in 1986, I was arrested for domestic violence. 240 PC & 242 PC. The case was diverted and dismissed.

1 Answer | Asked in Domestic Violence and Employment Law for California on
Answered on Jul 25, 2017

If you were arrested, then you were arrested. The case doesn't disappear from history just because it was dismissed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: I have a conviction for spousal battery from 1995, is it still on my record? if so, can it be removed?

1 Answer | Asked in Domestic Violence for Minnesota on
Answered on Jul 24, 2017

You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.
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Q: I am being charged with a domestic assault where nobody was touched, and the prosecutor is using my juvenile record

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Answered on Jul 24, 2017

These are great questions to ask your criminal defense attorney - get one as soon as you can.
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Q: Will avoiding the detectives make them drop the case?

1 Answer | Asked in Domestic Violence for Georgia on
Answered on Jul 24, 2017

It is no longer your final decision, about whether charges are brought. The report, and subsequent investigation can support the charge. The police will need you for the prosecution, but if you fail to obey a subpoena, you can be held in contempt of court. Plus, you cannot remain silent, once on the witness stand. You are not married, and you have no marital privilege.
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Q: Is a fight with the parent of your child considered domestic violence

1 Answer | Asked in Domestic Violence for Georgia on
Answered on Jul 24, 2017

Yes. If done in the child's presence or observation (e.g., hearing it, seeing it), then you can face domestic charges.
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Q: Husband charged with 5 M1's, 2 M3's and 2M4's. He has priors what would most likely be the outcome?

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Answered on Jul 23, 2017

Considering the priors, any conviction is likely to lead to some jail time. From this point forward, it's not likely a judge will cut him any slack unless he is in need of mental health or substance abuse treatment, in which case some may consider treatment options, though most likely it would be inpatient to start.
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Q: Can I get around the publication part of the name change if I had a ex-boyfriend who was molesting?

1 Answer | Asked in Civil Litigation, Domestic Violence and Family Law for Colorado on
Answered on Jul 23, 2017

Ultimately the judge decides whether or not the publication requirement is required. If you have health/safety concerns, there is a realistic possibility that a judge may waive the publication requirement, but there are no guarantees. If the evidence of molestation is documented and proven (say a conviction) versus allegations (even if they are 100% true), the chances of a waiver increase. Unfortunately, you will not know until you file and have a hearing...
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