There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited...Read more »
was woken to girlfriend yelling throwing my stuff. jumped up and grabed the back of her neck to retrive my phone before she threw it. then right away went and got dressed to leave as she called police. what can i do?
You need to get an attorney on board ASAP. Police will likely be investigating you for an allegation of domestic assault. This is a serious offense that you should not handle on your own. You should have representation prior to making any statement to law enforcement.
By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the danco to... Read more »
If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.
My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... Read more »
I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... Read more »
There is a chance to get the charged dismissed or keep it off of your record. The way to accomplish this is by hiring an experienced criminal defense attorney. An attorney can work to minimize or perhaps completely avoid any consequences for the allegations that have been made against you.
Or health of the child. What is included in this? Is asking who is gonna pick up my daughter or where someone will meet me to get her something that would be allowed to be asked or could I be arrested for that?
In my mind, discussing pick up and drop off would fall under discussing parenting time. But you certainly should not meet her or have any contact with her outside of the OFP. You should not argue with her. You should not even respond to contact that addresses issues outside of the OFP.
So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?
No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.
Order states, "Mother is free to contact her children by phone and social media" visitation is "contingent on child's desire to attend". 3rd party custodian tells the Judge my children "have no desire to attend". 3rd Party Custodian is daughter of our abuser, and always helped her father abuse us.... Read more »
Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make...Read more »
The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »
In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a...Read more »
The best way would be to hire a criminal defense lawyer to help with it. As for which motion, a motion to withdraw a plea could work. Then, at the hearing ask the prosecutor and judge for help getting it changed. In the end, the Court Administrator will need to correct the court's record. After...Read more »
The charge is Disorderly Conduct, dropped from a DV that he shouldn’t have been charged with in the first place. No prior offenses. No criminal record. Stable job for 15 years. Happily married with 2 kids.
A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is better...Read more »
It depends on all of the other evidence, but in all likelihood they will not dismiss the charges and the matter will go to trial. The jury will then have to make a decision about whether they believe your testimony or the statement that you gave the night of the incident.
The question is unclear. What happens to false charges? Or what happens to a person who makes a false allegation? Much will depend upon the full picture of all the circumstances. A happy or sad ending is possible for either. Caution is warranted. Beyond that that maybe a phone call would...Read more »
He did have a rule 20 done and they are committing him to a mental hospital, and I believe having our daughter and I in his life would help him. He's currently in jail facing charges that are false and made up.
As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota...Read more »
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