If you are the victim of ANY crime you should contact the police and make a report.
If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...Read more »
Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.
Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.
I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?
The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that you've been...Read more »
If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.
My daughter told the school that my husband hit me. He has never been violent, but we do argue. CPS was called, and came to my home to do an interview. No police were involved, and no report was made on the night of the alleged incident. I have no marks on me. I told the CPS worker that I feel 100%... Read more »
Anyone can make a complaint to the police, but a police officer's job is to initially determine whether probable cause exists to believe that someone is subject to arrest for a crime. Under the facts you indicate, it doesn't sound like the police could do very much here. IF CPS did contact the...Read more »
Yes. In Michigan there is essentially a no tolerance stance when the police are called to a domestic violence incident and more often than not someone is going to jail and getting charged. Depending on your story and what outcome you wish to have would make it necessary for you to hire a...Read more »
I dont think they are safe with him, i have a ppo against him, but the terms of custody are set up loosely and he was released from jail, went to their school, pulled them out of class early and snuck them out while i was waiting in line to pick them up.
Most recently, he exploded at my two children (from my first marriage- ages 9 and 11) to the point that they are afraid to come back to our home. (I share custody with my first husband and they are currently staying with him) He yelled at my son (11) that he would "knock him the f**k out". I am in... Read more »
Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.
I left the marriage due to domestic abuse and adultery. I snuck away with nothing but my clothes and car, while he was at work. I have been homeless since leaving the marriage but at least I am now safe. He makes a 6-figure income and is in a high-profile position for the City of Battle Creek. I... Read more »
You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.
To some extent as restitution under criminal statutes, and to some extent as part of divorce proceedings. Claims of emotional or mental abuse are highly complex, and so you'd definitely need to consult with an attorney about your particular situation.
About a month-and-a-half ago my fiance and I got into a drunken altercation. I asked the police if I could make a statement at a later time and they said no they needed it fresh in my memory. I was highly intoxicated and wrote things that I didn't mean, now he is being charged with domestic... Read more »
Cops said the case would be submitted to a prosecutor and the father already has numerous demostic violence offences on his record and a assault on the same son a few years prior... note that there where no serious injurys
If police responded to the incident, they submitted a report to the prosecutor who decides whether or not to bring forth charges based on the evidence presented to him or her. There doesn’t have to be injuries for someone to be charged with assault or domestic violence.
My husband put a hole through my wall and I removed him from my home.My husband's mother came to my home to take him home with her. I allowed my husband back inside due to cold weather conditions. She arrived at my home; I was about to open the door and she kicked it in. She yelled at/threatened to... Read more »
You can report the incident to police and the prosecutor will decide whether or not to bring criminal charges against her. In addition, you can seek to get a restraining order (personal protection order) against her. This would entail completing the proper paperwork and filing it with the circuit...Read more »
My son stole my credit card and bought a gun online and failing class and getting suspended. His father disciplined him and left some marks. Cps was called and he was arrested. Hes never had trouble with the law before and no record. What should he do. Plead guilty or go to trial. If he pleads not... Read more »
Child abuse in the second degree is a serious felony charge that carries up to 10 years in prison.
He should plead not guilty at his first court hearing, which will be an arraignment. At that time, the judge will also set the bond amount. It is in his best interest to retain a criminal...Read more »
My girlfriends step dad attacked her and her mom and was arrested for 2, 2nd offense domestic violence, we all live in the same house but he is not allowed back right now due to his charges. He filed a PPO on myself because I got involved and broke up him strangling my GFs mom. If for some crazy... Read more »
Yes, you would have to leave if he was granted a PPO against you. If you feel that the PPO isn’t warranted, you can seek to terminate it. This involves filing a motion to terminate the PPO with the court and scheduling a hearing date. I would suggest hiring an attorney to do this for you...Read more »
Yes she came to my house trying to get in talk about another woman being here and was going to go after the other person I did not let her in I kept on hold your back until other person got out of the house and left that I let her go but that she was hitting me I kept pulling it back get her back... Read more »
Hire a criminal lawyer immediately. Don't talk to anyone, including police, until you have consulted with a criminal defense lawyer. Once you consult with the lawyer, he/she will likely advise you to turn yourself in, (assuming there is a warrant out for your arrest). Based on your question, it is...Read more »
If you have a lawyer, you should address this with that person as a matter of trial strategy. But I can tell you that a deposition before trial is unlikely to sway the prosecutor. You will have the opportunity to have your day in court, and that's likely the best time and place for your witnesses...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.