Domestic Violence Questions & Answers by State

Domestic Violence Questions & Answers

Q: I'm a mother of 2 boys have been with my husband for 16 years which have been hell I'm a victim of domestic violence

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Answered on May 29, 2017

You need to consult with a family violence attorney or center for family violence. Additionally, you may have a claim for VAWA - which is a way to gain legal immigrant status based on being a victim of family violence. You might go to a family violence shelter, sometimes called a Women's Shelter, if the situation warrants. A person cannot hold someone's illegal immigrant status over them as a way to make them behave how they want (I know the reality is that it happens every day); however,...
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Q: My friend's wife put him in jail for domestic violence.is his wife required to attend the court hearing?

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Answered on May 28, 2017

Yes, his wife will have to attend the preliminary hearing if the case is filed as a felony and the trial if the case is filed as a misdemeanor. An experienced criminal defense attorney an evaluate his mental illness and how it might help mitigate

his situation.
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Q: If a person went to jail for domestic violence and battery and my residence this person's house and they have a no

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Answered on May 28, 2017

Your right to remain at that property is based upon your legal status as either an owner of the property or a legal tenant. If you are not an owner or do no have a valid lease. It is my opinion that you can be evicted legally.
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Q: Order of protection?

1 Answer | Asked in Domestic Violence for New York on
Answered on May 27, 2017

The DA makes determinations of whether to bring criminal charges or not, and they may subpoena you as a witness. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: Im separated with my wife,there is no child support order from court. Hiw can i support my son. And how can i see him.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Massachusetts on
Answered on May 26, 2017

You can file for child custody in court. Child support is paid to the mom pursuant to a court order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: My boyfriend got in a argument with his whole family and he hit his sister boyfriend with a bottle

1 Answer | Asked in Business Law, Divorce and Domestic Violence for California on
Answered on May 26, 2017

He may face felony assault/ battery charges, and the sentence depends in part on his priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: Can my sons father get a restraining order dropped its been in place for 6 months now and he didnt even respond.

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

Go to MNCourts.gov and find the "Affidavit and Order for Dismissal" form. Then, file it as instructed by the website.
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Q: I am involved in a domestic abuse marriage and I need a lawyer to help me file for divorce

1 Answer | Asked in Divorce and Domestic Violence for Georgia on
Answered on May 25, 2017

Not sure what your questions is, but if you cannot afford a lawyer and you want to get divorced you are out of luck. There are no free lawyers just like there are no free doctors, free meals or free cars. If you need a lawyer, save money, get a loan, sell items, or do whatever it takes to hire a lawyer. I don't know about you but even if I could find someone to work for free as my lawyer, I highly doubt I would be satisfied with the outcome!

Good luck!

www.JudgeCase.com
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Q: At what age can I marry in ny and can I sue someone over the age of 18 for threatening me cause I'm 15.

1 Answer | Asked in Family Law, Domestic Violence, Criminal Law and Personal Injury for New York on
Answered on May 24, 2017

Sex with a minor is illegal. Marriage with a minor requires parental and court approval. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: can I modify a tpo

1 Answer | Asked in Family Law and Domestic Violence for Georgia on
Answered on May 24, 2017

You can request that the court only order supervised visitation that can either be supervised by you, an agency or someone that you approve of.
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Q: I want to get a protection order against my son's father for the good of my son. Would I be able to do that?

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Ohio on
Answered on May 24, 2017

You can file for a protection order, but typically, actual or threatened violence is required. Make written notes of the times and dates of various incidents of him being mad or aggressive, and take those with you to court on the visitation he is requesting. Also take any witnesses wit you who can also tell the court about his bad behavior. Use the Find a Lawyer tab to consult a local family law attorney who can help you do this properly.
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Q: I have video evidence that the accusations against me are false how do I submit that in a broward county courthouse

1 Answer | Asked in Domestic Violence for Florida on
Answered on May 23, 2017

Every courthouse, probably every courtroom in every courthouse, has different procedures and equipment. It would be best if. several days before the hearing, you arranged with the clerk of court to familiarize yourself with the equipment. You should also be prepared to have someone (either yourself of someone else) testify about how the video was recorded, preserved, etc.
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Q: My boyfriend got charged with demostic violence charge how long can he not be around me

1 Answer | Asked in Domestic Violence for Arkansas on
Answered on May 23, 2017

It depends on the Court. The prosecutor typically asks for a restraining order. You should be able to call the prosecutor and ask.
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Q: I have a protection order against my ex, will he ever be charged with a crime?

1 Answer | Asked in Domestic Violence for District of Columbia on
Answered on May 23, 2017

You can report crimes to the police for investigation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
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Q: does a failure to present a rebuttal to DV RO make the hearing for a perm RO invalid?

1 Answer | Asked in Domestic Violence for California on
Answered on May 22, 2017

No. Failure to respond will likely result in your default, and the restraining order will issue without opposition.
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Q: what is current California law regarding rebuttal of a DV restraining order?

1 Answer | Asked in Domestic Violence for California on
Answered on May 22, 2017

Any defenses must be determined after a review of all the facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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: how do i drop a tpo with stipulations added to it to drop it

1 Answer | Asked in Consumer Law, Family Law and Domestic Violence for Georgia on
Answered on May 21, 2017

You cannot drop a TPO and then add any stipulations. Any stipulations have to be contained within a court order. If you dismiss the case, no stipulations will exist. If you have filed for divorce, you can ask the divorce judge to enter a parenting plan that has the stipulations you want, but you should not dismiss the TPO until and unless that happens.
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Q: Court called and said judge had called off, n they will call to reschedule, will my order of protection remain in force

1 Answer | Asked in Domestic Violence for Illinois on
Answered on May 20, 2017

Check wirh the clerk. The judge should have extended the cyrrent order until the next court date.
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Q: My older brother's girlfriend sent me a message to kill myself. Do i report her to the police?

1 Answer | Asked in Family Law, Domestic Violence, Internet Law and Military Law for Indiana on
Answered on May 20, 2017

It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
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Q: Need a Lawyer, but Can Not Afford One

1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for North Carolina on
Answered on May 19, 2017

If you are "dead broke" - who cares if she makes threats to make you "financially suffer"? What it sounds like you need to do is simply separate (not live together) and likely also have no or minimal contact. Do that for one year and you are eligible for divorce. Divorce is fairly cheap - $395 gets the job done from start to finish for most people and you don't have to do much more than provide some information and review and sign a simple 3 page divorce complaint. You can get more...
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