Your current state is Virginia
In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »
answered on Feb 2, 2023
The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.
You need a family lawyer experienced with CPS cases to advise and assist... Read more »
My friend was charged with domestic violence. No cop present with someone else saying she did it. There was a mark on his face but he did that himself not her.
answered on Feb 1, 2023
A person can be charged with domestic violence based on a statement given by a third party who claims to have witnessed the acts. A police officer does not need to personally witness the violence. In fact, it is extremely rare that the police officer personally witnesses the violence. Often, it... Read more »
I would like to hunt and protect myself but I feel helpless.
answered on Jan 31, 2023
Domestic Assault is worse than some Felonies, and you should have known that 25 years ago prior to pleading. I assume that conviction is on your NCIC. You may wish to examine the legal weapons you can possess. There are muzzleloaders that can kill an elephant.
answered on Jan 31, 2023
If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.
answered on Jan 30, 2023
Sentences on different courts can run at the same time rather than back to back.
My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a... Read more »
answered on Jan 30, 2023
YOU MUST REMEMBER THAT THE PEOPLE OF THE STATE OF CALIFORNIA ARE THE VICTIM..........NOT YOU.
ONLY THE DA CAN DECIDE ON FILING..............
THE JUDGE JUST DEALS WITH SENTENCING IF THERE IS A PLEA OR CONVICTION.
I WOULD TALK TO HER LAWYER TO EXPLAIN YOUR POSITION AND HOW YOU CAN ASSIST.
My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »
answered on Jan 30, 2023
Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.
Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »
answered on Jan 28, 2023
The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »
She was drunk and angry,yelling and threatening me.,My brother ask her to leave.,She wouldn't.,my brother is 70 years old
answered on Jan 27, 2023
MORE INFO IS NEEDED.
YOU SHOULD EITHER SET UP A CONSULTATION WITH A LOCAL CRIMINAL LAW ATTORNEY OR, AT THE FIRST APPEARANCE BEFORE THE JUDGE, ASK TO HAVE A PUBLIC DEFENDER APPT'D TO REPRESENT YOU.
I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.
answered on Jan 27, 2023
Getting it in the mail is service of the Subpoena. You should appear.
Is the granting of a TRO (Temporary Restraining Order) considered “Affirmative Relief” — even without yet a Final Hearing?
Or is a TRO a different type / category of relief?
(The Final Hearing has been continued / delayed to allow Discovery.)
Even though it is a TRO... Read more »
answered on Jan 27, 2023
Why do you ask: "considered affirmative relief" for what purpose?
Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... Read more »
answered on Jan 25, 2023
If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.
The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »
answered on Jan 25, 2023
There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »
answered on Jan 23, 2023
Hire an attorney to prepare for a Preliminary Hearing. Do not get in more trouble.
I want charges dropped. Subpoena was mailed not served. Do I have to appear at the pre-trial?
answered on Jan 22, 2023
Yes if you were subpoenaed. Some judges work on DV’s at pre trial.
In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »
answered on Jan 22, 2023
You should file a violation petition with the court and perhaps a modification petition to change the supervisor of the visits.
In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »
answered on Jan 25, 2023
You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.
I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... Read more »
answered on Jan 21, 2023
If you want them prosecuted, you need to make a police report.
You should also get a restraining order. Harassing and stalking can be difficult crimes on which to get a conviction, but someone violates a restraining order, that's much easier.
answered on Jan 21, 2023
According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner.
altered*
answered on Jan 19, 2023
Hire a lawyer in your area. If you try to DIY and make a mistake, the RO may be issued and then you would need to hire a lawyer to file an appeal on your behalf which would be far more expensive.
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