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Domestic Violence Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: what does State's Notice of Amendment mean
Andrew L. Bennett
Andrew L. Bennett answered on Sep 22, 2020

It means they are putting the court and all parties on notice of an amendment to something such as the charging information or some other document.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can the cops question a 4 yearold about her mom getting hit
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 22, 2020

Yes, she can be interviewed about what she saw even if she is too young to testify in court. Talk to your criminal defense attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a warrant cops made me write a statement how do I recant?

Boyfriend and I had an argument it became physical and my friend called police they made me write a statement and say I wanted to press charges... He sees judge in morning I want to recant but how do I do this?

Grant St Julian III
Grant St Julian III answered on Sep 22, 2020

Contact the District Attorney's office in the county where the case in question is pending and ask about filing an affidavit of non-prosecution. Clearing your warrant before you meet with the DA would be a good idea as well. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I recant a statement I felt I had to make against bf after argument got physical and friend called cops?

I have a warrant they didn't take me as long as I made a statement and said I would press charges now I regret it and want my bf home he has court in the morning and they filed a 30 day no contact order what do I do?

Grant St Julian III
Grant St Julian III answered on Sep 22, 2020

You may make any statement you desire; what the State does in response to any such statement is another matter. You cannot force dismissal of criminal charges or removal of a protective order. Talking with an attorney would help. Good luck

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Can a DVO, once issued but later dismissed, be expunged?

A case in which a DVO hearing was held and a DVO was issued, then dismissed at the request of the petitioner was not in effect for one month.

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Yes, if dismissed, can be expunged.

2 Answers | Asked in Domestic Violence for California on
Q: Hello. I am in serious need for help concerning domestic violence by (former partner), who wants to evict me.

I am mobile home co-owner (Registration & Title). Is there any way including what he says is my not being on rental agreement (which I am), whereby he could accomplish this? Violence has escalated each time, until police came last weekend (9/19). My wrist is bruised and swollen due to his... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2020

More info needed.

make an appointment with a criminal/family law attorney in your city asap.

before going in write down a summary of all the facts.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can the cops question a four year old about assault on their mom
Grant St Julian III
Grant St Julian III answered on Sep 21, 2020

Police can ask anyone anything they want anytime anywhere. What can be done with the information and whether it will be admissible as evidence in any court proceeding is another issue. Talk with your attorney.

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for California on
Q: We’re can I find pro bono attorney I all ready got restraining order but regardless courts allowing baby daddy rights

Although federal courts agree he’s a risk to our daughter but now I have to battle custody wen he’s a stranger to my daughter

Dale S. Gribow
Dale S. Gribow answered on Sep 20, 2020

MORE INFO NEEDED

CONTACT LEGAL AID IN YOUR CITY.

I WOULD ENCOURAGE YOU TO WRITE OUT A DETAILED SUMMARY OF THE FACTS AS "FREE LAWYERS" DON'T ALWAYS HAVE A LOT OF TIME. BY WRITING THINGS OUT THE LAWYER DOESN'T HAVE TO PLAY SECRETARY.

I SUSPECT YOU MAY HAVE...
Read more »

2 Answers | Asked in Domestic Violence for Illinois on
Q: Can the state press charges for a domestic of no arrest were made?

Husband and I were fighting after drinking heavily. No arrest were made and neith of us pressed charges

Juan Ooink
Juan Ooink answered on Sep 20, 2020

Once the police have been called it is out of your hands. If someone has been charged with a criminal offense, they need to hire a criminal defense attorney right away. The sooner an attorney is hired, the better.

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: I am the mom. How can I transition from supervised visitation to sole custody of my son? His father is a domestic abuse?

I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 20, 2020

Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for California on
Q: Court-ordered marriage family therapist (family court) causing substantial psychological harm by committing

perjury in parent/child progress reports, failure to disclose conflict of interest, uses threats to control parent, minimizes reports of child abuse, using DV by proxy, and prolonging case for financial gain.

What are my options/rights to ensure MFT can no longer exploit future/current... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

more info needed.

seek a consultation with a family law attorney in your community.

1 Answer | Asked in Domestic Violence for California on
Q: Need a Pro bono attorney have domestic violence court the 25th father of my daughter Attacked me an took off w my kid he

Has prior history of child in danger meant he has third party ppl contacting me telling me not to go to court he is attempting to obtain custody or visits but it’s in the child’s best interest to cut all ties he’s never been in our daughters life until a year ago after he was released 2 years... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 19, 2020

more info need.

seek legal aid in your community...but talk to a lawyer and maybe police too.

2 Answers | Asked in Domestic Violence and Juvenile Law for California on
Q: What legal action can a 15 year old girl do with an ex boyfriend thats threatening her?

My friend says her ex boyfriend is stalking her and threatening to shoot her. I’m telling her to call the police but she doesn’t want to get her parents involved. Legally, what can she do?

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2020

MORE INFO NEEDED.

IN MY OPINION, YOU WERE RIGHT.......CALL THE POLICE AND DISCUSS WITH FAMILY.

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2 Answers | Asked in Domestic Violence for Maryland on
Q: Hi, My final protective order was dismissed. Will shielding hide the interm and temporary RO too?

I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).

If... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

It will hide the entire record from public view. Once the final is denied, the temp and interim do not matter. They are expired. If you believe that you have reason to contest, then yes.

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My boyfriend is going through trail for corporal punishment against me the d.a picked up after i drop it. Should i go

What would that say to the judge if i went not for him so much as to know whats really going on because he is lying about the whole thing

Dale S. Gribow
Dale S. Gribow answered on Sep 17, 2020

MUCH MUCH MUCH MORE INFO NEEDED.

I WOULD NOT DISCUSS ON AN OPEN FORUM LIKE THIS.

IF YOU ARE TALKING ABOUT DOMESTIC VIOLENCE, THEN THE DA WOULD BE PROTECTING YOUR RIGHT.

IF HOWEVER YOU DON'T WANT TO TESTIFY I SUGGEST YOU TALK TO A DEFENSE LAWYER FOR GUIDANCE. YOU...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I'm looking for case law concerning Miranda warnings.

I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2020

I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Domestic Violence for Colorado on
Q: no custody arrangments, im now out of state my ex has child is reg. SO. what can i do to see that I get time with my son

i have no $ because it goes to child support

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2020

You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.

1 Answer | Asked in Domestic Violence for Illinois on
Q: My Mother is a Circuit Clerk She filed a restraining order on me

L

Juan Ooink
Juan Ooink answered on Sep 16, 2020

You need to hire an attorney to assist you with this matter. The last thing you want is an Order or Protection against you. Hire an attorney now.

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