If I'm understanding your question correctly, no. Just because a complaining witness is in jail, the state doesn't have to dismiss the charge against you. In fact, he being in jail makes the state's job easier as they know where she is and can easily bring her to court to testify...Read more »
I took the phone out of her hand and put it on the counter. She then came after me. Not once did I hit, grab or push her. They called the police and they told my that I am being charged with domestic violence and harassment. I don't know what's going to happen, and obviously my parents... Read more »
Since you are a juvenile that’s how you will be charged, as a juvenile. Ask for a consent decree since it’s the first time you’ve been in trouble. A consent decree means you consent to being on probation and once you are through with probation the charge just goes away. If you have some...Read more »
During the COVID 19 outbreak my older sister and I have kept our parents isolated in their home, taking them things as they need and interacting with them from a distance. I called my mom Friday to see what she was doing, and my younger sister, who has been going to work everyday, blew our... Read more »
Interesting question and very timely. You are asking for a judgment on a practice matter. A restraining order (which I believe would most appropriately come in the form of an Elder Protection From Abuse Order (EPFA) is very unlikely to be issued on your facts. Are your parents mentally competent?...Read more »
getting in each other's faces. No punch was thrown. So whenever the police arrived, he told us that if one of us don't "own up" to throwing the first punch, we're both going to jail. I didn't want my brother to get lock up so I said I hit him so he go to jail. And now... Read more »
A misdemeanor DV conviction can destroy lives due to the unforeseen consequences. From the context of the question, it appears that you have already been adjudged guilty of Domestic Violence 3rd Degree. The two ways to have your Second Amendment Rights restored/ revived, that I can think of, are 1)...Read more »
I was taken to jail and charged with Domestic Violence 3rd degree, I have bruises from my wrist to shoulders both arms, she had nothing. Her boyfriend called from another county 911 and reported it, he wasn’t even here? How did I get arrested? Never been to jail or arrested I’m 46 years old and... Read more »
You case will likely be set for an Arraignment, Pre-Trial/Plea Docket, then, if not yet resolved, a Jury Trial. However, every case can be different, so your best bet is to retain counsel as soon as possible.
Depends on if its First, Second or Third degree; depends on the facts and allegations; depends on the accused person's background and their personal circumstances. There are a number of factors that need to be considered. However, the accused person should consider putting themselves in the...Read more »
I despise this young man. He is controlling, abusive & won't let her have friends. They have split up several times but she always takes him back. I am desperate to get her away from him. What are my options?
If you do so before she is 18 you can file a CHINS petition. That is your best option. Get in touch with an attorney in your area and get this done. That is a court petition that can be filed through the juvenile court that says she is in need of supervision.
Only if they satisfy the requirements of the statute: The victim must be "a current or former spouse, parent, child, any person with whom the defendant has a child in common, a present or former household member, or a person who has or had a dating relationship, as defined in Section...Read more »
She has called Madison county sheriff's, they refuse to take him to jail.There is children in the home my mother has custody of a 5 year old and 2 year old. My brother is on that crystal meth and he is in a pain clinic as well he has his son pee in a cup when he goes also they sell there sons... Read more »
Hello, you should seek an elder law attorney immediately. If true, this may be elder abuse and there is an order of protection that a court can order. Please contact an attorney in north Alabama to help you help your mother. Best of luck to you and your family.
In Alabama, and dad wants to see his son like crazy but no one in the family will help him to see his 5 year old son because they 'don't want to get involved'. She has a restraining order against the dad because he yelled at her last year (she is one of those who is using the system... Read more »
If this is an Alabama matter, I will comment as follows: take the order, which was issued by a court based on your conduct, and see what it says. If it says you can't contact the child -- then you can't contact the child. Your remedy is to go back to Court and ask the Court to grant...Read more »
My fiance was recently arrested for this crime which is a class B Misdemeanor. I did not want him to go to jail and expressed favor towards his side on the incident report. My 2 year old daughter was in the home but did not see any of it. He has several priors for minor posession charges but no... Read more »
If your fiance is found guilty of interference with a domestic violence 911 call, it is extremely likely he will be put on formal probation. In order to put himself in the best position, he should consult with an attorney to discuss the options he has and the best possible outcomes.
DHR is going to be looking at your ability to understand that you have to protect your child. They call this "protective capacity." They are going to look at the circumstances of the abusive behavior and what you may need to to to prevent this from happening again.
Last night she called the police because I asked her to pay the bills on the 4th of next month, the police came and asked me to leave, I am a senior disabled handicapped male with 8 back surgeries and an Cardiac stent.
I see no reason for this type of treatment by the police, I had to leave... Read more »
in the 3rd degree after he threatened to kill me. What would be the best way to get these charges dropped and FILE criminal charges against him for false accusing me as well as the threat against my life. I do not need this stain on my record, have never been arrested beforehand, and have never had... Read more »
I assume this is an Alabama issue. THe police arrested you because they believed there was probable cause that you were the guilty party. Hire a criminal defense attorney and listen to what he or she tells you. DO NOT attempt to defend this yourself. GO see a lawyer.
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