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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My ex-husband is currently in jail on a MTR. He had a hearing for motion and order to dismiss. What does this mean

His original charge was F/V impeding breath in Texas. He was on probation for 2 years and got a violation for poss. Of Marij. So they revoked him and jailed him. He’s been in jail for a few months now with no bond, he has a MTR hearing in November. But recently had a motion and order to dismiss... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 19, 2021

You are incorrect when you say "they revoked him". They did not revoke his probation. They (the prosecutors in his case) filed a Motion to Revoke his probation and he is waiting for his hearing on that motion. Only the judge in his case can revoke his probation.

You should ask...
Read more »

1 Answer | Asked in Domestic Violence for Arkansas on
Q: if there is a no contact order in place, is it legal for the victim and her family to still contact the defendant?

my boyfriend was charged with domestic battery 3rd degree over a yr ago. He is currently on 5 yrs probation with a no contact order in place. The victim and her family members have contacted him several times throughout this year. He has not responded at all to the victim at all but she continues... Read more »

Terry Jones Zach
Terry Jones Zach answered on Oct 19, 2021

That would depend on whether her contact/communication can be construed as harassment. Typically, a no contact order only applies to the defendant, your boyfriend, and the person seeking the no contact order is not prohibited or punished for reaching out to him regarding their child. However, the... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 19, 2021

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Domestic Violence for Washington on
Q: If I called police because Of threat of domestic violence, they didnt make arrest but do they file report of the call?

I called police on my husband because I was scared for my life, although there were no visible injuries but I had panic attack, so they didnt make any arrest. Do they file report of the call made without charges being pressed? Or they dismiss it and not keep in record? I need a copy of report if... Read more »

Stacie Lynn Naczelnik
Stacie Lynn Naczelnik answered on Oct 15, 2021

The police will often create an incident report. If you called 911, you can request the call records, but they don't keep them for very long, so you should make that request ASAP. The incident reports will remain available, but you will need to request those records directly from the law... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was recently arrested for domestic assault after pulling my boyfriends beard.

Ooooooooopooo

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2021

Hire a competent attorney to represent you. That charge is worse than many Felonies. Do not make any more statements on a public forum or to LEOs. Do not contact the alleged Victim in any manner. Hopefully it will be Dismissed or Diverted, then

Expunged.

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: I was assaulted by my significant other in my hotel room. I called 911& escaped.He lied. I was arrested for DV. Help?

My boyfriend was abusive & wouldn't leave my hotel room. I called 911 and ran to lock myself on the car. When he had spun & thrown me, he caught my broken tooth on his arm so it was bleeding. When police arrived at the room he lied. They came to the car and told me to get out... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 15, 2021

much more info is needed.

the police don't normally have 3 officers to take you down and normally do not shoot you up.

there is obviously much more to learn.

if you are being prosecuted, the court will appoint a public defender to represent you.

that person will...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Q: Can you go to jail for dropping charges against someone

My daughter’s biological father ask me to drop charges so he could get custody of his other kids

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 14, 2021

If you fill out a drop charge form you should be OK. If at any time you say you were not telling the truth, then you have committed a crime.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: can my cousin he's a lawyer defend a plaintiff in a case against me?
Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

That is not a per se ethical conflict. But if he has provided legal advice to you, then you want to ask him to recuse himself (and all information about you). I would be most worried about him using information he knows about you to collect a Judgment. The lawyer is treading on dangerous... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: is it legal for the state attorney to file two separate battery charges for the same altercation
Michael  Mayoral
Michael Mayoral answered on Oct 13, 2021

Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant... Read more »

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3 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Georgia on
Q: My husband is keeping our son from me. He kicked me out. I'm worried. He is an addict and criminal with records of both.

My husband and I are looking to get divorced. I am being told that I am kicked out of the house I have been in with him for 8 years now and that he is not allowing me to take our son. My husband is a very bad person who has been in trouble with the law his entire life. He is an addict meth. He has... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 12, 2021

I am so sorry to hear about your struggle, and luckily the pathway has an easy first step. Rather than a Criminal Defense lawyer you need to make an appointment with a qualified Family Lawyer to start the separation/divorce process. There are tools in that process to specifically address the... Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: What should I do when my ex used my friend to tell me to sign papers stating I falsified a restraining order?

I was granted a restraining order from my ex (which we both went to court and he admitted). Now, a mutual friend is trying to make me sign papers saying I lied about it all because he wants custody of his daughter that he had with his ex wife.

The mutual friend said my ex and his current... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2021

much more info is needed.

i would suggest making an appointment with a lawyer in your area and explain all this to get options and provide all the info.

you can also go to the DA who is prosecuting him...i assume.

you know him better than we would and whether he would use...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can I be abused of kidnapping if the mother got arrested for domestic battery against me? Child is with my mom in Ga

I’m from Ga living in FL and my mother has offered a safe place for my child to go seeing as how the mother of my child got arrested yesterday for violence against me and do not want to be risking it anymore around my child in the same house as well with our names on it. She is now bonded out and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2021

I think you mean 'accused of kidnapping". She could accuse you, but it's extremely unlikely that anyone will take the accusation seriously.

1 Answer | Asked in Domestic Violence for Georgia on
Q: I was charged with the family violence act by the state. this is my first time in trouble. What happens now?

My spouse and I got into an altercation that we involved the cops to mediate but turned into me being arrested as the aggressor. I was bonded out and told to make no contact with the victim i.e. my spouse I was also told by a couple cops that I could have my spouse overturn the no contact order by... Read more »

Joshua Schiffer
Joshua Schiffer answered on Oct 7, 2021

You need to be open and honest with your attorney, as the medication issue is HUGE when it comes to mitigation. Your Spouse can also use that information to press the State to treat you properly as much as she does not control whether the state presses charges or not. She may also be able to use... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Louisiana on
Q: I just got a tpo on my ex. What happens if he doesn't get served and still harasses

I'm in Louisiana, he's in Georgia.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 7, 2021

You can get a private process server.

1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: 18 years married. Domestic abuse. HIS NAME ONLY ON ALL ASSETS. Rights to alimony & half of assets if she divorces him?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 6, 2021

What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: offender pleads guilty to abuse on our kid then cps gives mother sole physical legal custody then offender dose a 2

cps closed mothers cps case dismissed and reversed case father then did a 2year class w criminal judge father appears at mothers home committed dv on mother criminal judge dismissed dv even with evidence / witness then the judge was relocated to family court giving offender = custody rights... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2021

more info needed.

i would either with a lawyer or on my own contact the Presiding Judge and maybe your congressman and local authorities.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Idaho on
Q: prosecuting attorney hasn’t contacted me to let me know what’s happening with my case. do i need my own lawyer?

i filed a police report against my ex because she kicked me in the head & the state is pressing domestic battery charges against her. she has pre trial in 3 weeks & online in the court repository it said “notice of defense of alibi” does that mean she’s going to say she was never with... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 5, 2021

You have the right to hire an attorney, if you want to? You are the State's witness and a "victim" pursuant to the Victim's Rights Statute in Idaho. Under that law, you have the right to meaningful notice of how they're handling this prosecution. Be patient, and... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: pro se what can be filed post judgment protective order if the victim keeps contacting them by Facebook?

Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... Read more »

Anna L Self
Anna L Self answered on Oct 5, 2021

I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.

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