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Alabama Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Alabama on
Q: What will happen if I don't want to press domestic violence and harassment charges against my 18 year old son?
Sheila Crumley Field
Sheila Crumley Field answered on Jul 30, 2020

Nothing. They will probably put the case in an administrative docket for six months and then if there are no further problems they will dismiss it.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: criminal law case if a planiff is in jail on a felony charge can my lawyer ask the judge for a dismissal with prejudice?

In my case as a defindent on the grounds she as no rights no more to pursue charges on me because she in jail.. Yes or no?

Travis T Juneau
Travis T Juneau answered on Jul 28, 2020

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 »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: I met my husband in California 12yrs ago. 9yrs ago we moved to Alabama where he is from we are getting ready to file

Divorce. I want to take the kids back to

California with me. My husband is telling me that

I am not allowed to take the kids. Can i take my to Ca? I do not have any friends or family in Alabama. All the so called family is his mama brother and sister.

Kristine Jones
Kristine Jones answered on Jun 21, 2020

Hello. It depends. You both can agree on taking them to CA, or try it before the judge and let him/her decide.

1 Answer | Asked in Domestic Violence for Alabama on
Q: I am 16 and my step dad and I got in to it. Neither of us had any marks or injuries. My Mom then put a camera in my face

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 »

Sheila Crumley Field
Sheila Crumley Field answered on Apr 23, 2020

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 »

3 Answers | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Can I get a restraining order?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 31, 2020

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 »

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1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: How do I get a DV removed from my record? A couple of years back, me and my brother had a disagreement. So we started

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 »

Travis T Juneau
Travis T Juneau answered on Mar 16, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Was assaulted by my 25 yo daughter in my home

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 »

Kyle D Pierce
Kyle D Pierce answered on Feb 29, 2020

It sounds like you definitely need to consult with a criminal defense lawyer. I, or a lot of other folks on this site, would be happy to talk with you.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: whats the process after being indictded by the grand jury
Kyle D Pierce
Kyle D Pierce answered on Feb 13, 2020

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.

1 Answer | Asked in Domestic Violence for Alabama on
Q: If a man is charged with domestic violence and it is his first offense will there be jail time?
William Jaksa
William Jaksa answered on Aug 11, 2019

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 »

1 Answer | Asked in Domestic Violence for Alabama on
Q: My 17 yr old daughter left home without consent & living in a hotel with her abusive 20 yr old boyfriend. Is this legal

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?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 15, 2019

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Alabama on
Q: Husband and I was charged with DV 3rd harassment dual arrest no aggressor. State has issued us a protection order.

Neither one of us touched the other we have no marks of the such. What should we do, or maybe can be done?

Brian Joseph Lockwood
Brian Joseph Lockwood answered on May 30, 2019

You need to contact an attorney in your local area as soon as possible. The charge is of a type that can haunt you on background checks, etc., if not handled properly.

1 Answer | Asked in Domestic Violence and Criminal Law for Alabama on
Q: Man and woman have baby together and man gets in physical fight with COUSIN of woman can that be domestic violence?

Police had to get involved to control situation.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 12, 2019

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 »

1 Answer | Asked in Domestic Violence for Alabama on
Q: I plead guilty to domestic violence/harassment in the 3rd over 10 years ago. Can I still obtain a conceal carry permit?

I have NEVER been charged with a felony nor have I had any legal trouble since 10-12 years ago.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on May 12, 2019

THe answer is probably no. If you have been convicted (which you have by pleading guilty and accepting a conviction) you are not eligible to carry a concealed weapon.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Alabama on
Q: My mom is 70 my brother lives with her in Alabama he is emotionally and physically abusive to her.

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 »

Kristine Jones
Kristine Jones answered on Mar 11, 2019

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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Alabama on
Q: Can a wife ban her husband from seeing his son at his school if she has a restraining order against the father for her?

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 14, 2019

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 »

1 Answer | Asked in Domestic Violence for Alabama on
Q: I have a question about the possible repercussions of an "Interference with a 911 domestic emergency call" Mobile,AL

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 »

Brian Joseph Lockwood
Brian Joseph Lockwood answered on Jan 17, 2019

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.

1 Answer | Asked in Domestic Violence for Alabama on
Q: I had to call the cops on my exspouce for domestic violence dhr wants to meet for a investigation what's that consis of

The violence was not with my son but i was holding him when i got hit ..my son was not harmed in any way.im no longer with him and moved out

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 7, 2018

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.

1 Answer | Asked in Criminal Law, Divorce, Civil Rights and Domestic Violence for Alabama on
Q: Hello, I am 75 years old, I have filed for divorce in Florida, we live with our son in Alabama,

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 28, 2018

I am an Alabama Lawyer. I don't handle Fla. divorces

1 Answer | Asked in Domestic Violence for Alabama on
Q: My ex husband used physical, financial, and psychological abuse which I’d like to report after two months of being

divorced I am no longer scared of him. Is it too late to report?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 8, 2018

If you are divorced, you are too late. You should have raised those issues at trial.

1 Answer | Asked in Domestic Violence for Alabama on
Q: My grandfather instigated an altercation with me, then proceeded to call 911 and have me arrested for domestic violence.

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 »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jul 19, 2018

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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