answered on Feb 7, 2023
The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an attorney,... Read more »
answered on Feb 7, 2023
The prosecutor or District Attorney's office has the final say on all matters forwarded to it. The office will (should) take into considered that drop charge/affidavit of non-prosecution in deciding whether or not to formally file charges. If the accused has or can afford to hire an... Read more »
Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... Read more »
answered on Feb 3, 2023
I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... Read more »
Will NM pursue violators out of state? Will they refuse a divorce? Will LA arrest and extradite?
answered on Jul 14, 2022
Based on your post, and while I do not know the specifics of all of this, my recommendation is that you should have your fiance take care of the New Mexico business ahead of time and before you get married. You do not want his past to all of a sudden impact you present or your future.
Who leaves after a domestic argument and do I have any right to the home?
answered on Jun 27, 2022
Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »
answered on May 16, 2022
This cannot be answered based on the information given. Bonds are set by Judges and there is no set amount published for the state. While some districts may have a general scale, it varies depending on which district sets the bond. And more importantly, it depends on the specific allegations,... Read more »
Took diversion program made two payments haven't for the next three months due to losing my job an being convicted made it hard to get one now I failed the program for not making a payment but was bless to have a family offer to pay it out for me how do I get back in an if not can I still pay... Read more »
answered on May 5, 2022
Assuming what you write is accurate, then if you are in diversion then the current charge is still pending. My suggestion is that you contact the people running diversion and see if you can re-enroll. Alternatively, get an attorney to represent you on this and have him contacted the people... Read more »
I am not going back. The relationship is over. Do I need to do anything today?
answered on May 3, 2022
Perhaps it is the lawyer in me, however, if you do not have one representing you, then I highly recommend that you seek a consultation with a lawyer in your area to discuss your situation. At said consultation, the lawyer should should be able to ask all of the questions and obtain the... Read more »
answered on Jun 6, 2023
If you filed the petition and you had an attorney file it on your behalf, then please speak to your attorney and discuss this. If you filed it without an attorney, then please use the Justia Find a lawyer tab and search for family law/cusody/support lawyers in the parish the petition was... Read more »
Turned into little wrestling match how can I help drop the charges
answered on May 10, 2023
My advice is that you hire a criminal defense attorney to guide and represent you through this----domestic violence cases are no longer a joke and if there was no criminal conduct involved, then you want to contest these charges. Good luck.
In Baton Rouge, Louisiana
answered on Feb 14, 2023
Although it might not assist in the prosecution of your matter, you can post bond.
answered on Jun 30, 2022
A suit for defamation is not precluded from what's in your post, however, whether or not you would recover would depend on the specific facts of your matter.
answered on May 31, 2022
If the child is not 18, then the child's tutor can sue on behalf of the child. Usually the tutor is the parent of the child, but if there is no parent, then the guardian, however one might have to legally qualify ask obtain the right from the Court to sue on behalf of the child---it's... Read more »
I'm representing myself in a domestic case and I'm unsure of what paperwork I'm supposed to file before my pre motion court date
answered on May 9, 2022
This is why you should not represent yourself and instead get an attorney. If this is a criminal matter, then you can ask the Judge to appoint an attorney to represent you----the Judge will ask you a series of questions to see if you qualify and if so, he will appoint an attorney. if this is a... Read more »
The defendant listed in restraining order is also the owner of the company which owns the home.
answered on Apr 28, 2022
Yes the DV victim can get exclusive use of separate property or community property. Hire a family law attorney.
Childs mother and boyfriend have a very physical and rocky relationship and are constantly fighting and breaking up only to get right back together. Recently I had to get a restraining order against the boyfriend for my child (she is 7) and myself basically because mother called me middle of night... Read more »
answered on Apr 28, 2022
Keep a calendar of calls and incidents
Take your child to a counselor to disclose her version and fear. Hire private eye to do a background check on the boyfriend. Hire a lawyer to file for emergency custody.
answered on Apr 14, 2022
Hire a lawyer and don't give a statement without your lawyer present. Stay away from the person who may have accused you.
answered on Apr 3, 2022
It may be unless the DA has photos, signed statement and cops appear in court
confused on an issue of meaning of first offense. is this the first time you were charged with this crime or first time ever charged with a crime?
answered on Apr 1, 2022
Depends on context. There are many criminal statutes that one can be arrested on a first offense, second offense, etc., so it is not first time ever charged with a crime, but a particular offense. From a prosecutorial standpoint, one can be charged with a first offense crime multiple times and... Read more »
He was charged with a felony for domestic abuse. If i drop the charges will he still do jail time
answered on Mar 19, 2022
If it is felony domestic abuse and he was taken into custody, then there is most likely a required cooling off period --jail time---involved before he can bond out of jail. After that, whether or not he is charged in criminal court with formal charges and what happens to the charges depends on the... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.