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Missouri Domestic Violence Questions & Answers

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Missouri on

Q: What can be done for a 16 year old seeking emancipation? There is a possibility of emotional and mental abuse involved.

Currently a runaway.

Lydia Seifner answered on Apr 22, 2019

You do not have the legal capacity to decide where you wish to live until you are 18. You may qualify for emancipation if you are able to financially support yourself, in which case you should talk to an attorney to assist you in filing for legal emancipation.

If you cannot support...
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1 Answer | Asked in Domestic Violence for Missouri on

Q: My boyfriend called the cops to get me on third floor or into heartland. They arrested me. I have mental disorders.

I black out. I have biploar disorder, anxiety, depression, add, ADHD. My boyfriend was just trying to help me and the cops arrested me and I was already in a blackout/mental breakdown. I hadnt been on my meds as my physcotrist died a month or so ago and that day I was going to get my medicine. I... Read more »

Ronald J. Eisenberg answered on Apr 14, 2019

Definitely hire a criminal defense attorney. The outcome of your case will likely differ depending if you represent yourself or get someone who knows what he is she is doing to represent you.

2 Answers | Asked in Criminal Law and Domestic Violence for Missouri on

Q: What's the punishment of a 4th degree domestic assault without a lawyer?

Gary Kollin answered on Mar 27, 2019

Although I am not a lawyer in Missouri, the possible punishment for the crime is the same whether you have a lawyer or not

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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Missouri on

Q: Unmarried. Undeclared father has children and will not return them. Police will not assist me (mother) to get them.

Shouldn't I just be able to get them if there is no order or established paternity? Why is this still considered a civil issue if fathers rights are not valid

I have no resources and am going crazy. He was and is abusive.

What can I do?

Lydia Seifner answered on Mar 20, 2019

If there are no court orders giving him custody of the children, then yes, you can go get them. It's a civil issue because it is handled by the civil and domestic courts. Police generally don't like to get involved in domestic matters. So unless he is physically restraining you from the property... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Domestic Violence for Missouri on

Q: im 17 and living on my own in MO. my mom is saying she can put me in a mental hospital until im 21.

i moved out of my moms 6 moths ago and she has threatened me to either come home or she will send me to a mental hospital until im 21, even tho i am mentally stable.

Lydia Seifner answered on Jan 31, 2019

You can't put anyone in psychiatric facility if they are mentally stable; it's a doctor's call to admit someone for treatment, not a parent's decision because they're mad at their kid. It just doesn't work like that. She can however, report you as a runaway and send you to juvenile detention. I... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on

Q: If a 16 year old hit an adult with a metal baseball bat forcefully, will they get charged as an adult? It's Not 1st time

16 year old previously has been charged for assault on the same adult (me). 16 year old is my boyfriends daughter . She has assaulted me a total of 9 times but only charged twice. This time it is assault with deadly weapon. Wat will happen to her ?

Joseph Harvath answered on Jan 14, 2019

They could be. That decision is left to the discretion of the Prosecuting Attorney

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Missouri on

Q: filed a false report out of anger

caught my husband cheating called cops said he hit me but he didnt and they wont listen his first courtdate is tommoro what should i do i have a witness that says he didnt hit me should i go to court??

Lydia Seifner answered on Mar 27, 2018

You should go to court and admit that you lied; they'll dismiss it.

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1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Missouri on

Q: Ex-husband punched son in the face while I was talking to my son on the phone. The call was recorded. Police did nothing

My son had a bruise/redness/scratch by left eye. He also slapped the right side of his face leaving handprint and bloodied his lip. The police officer didn't believe my son, even though I told them the incident had been recorded. No pics taken by officer, I took some inside the police station. No... Read more »

Lydia Seifner answered on Mar 19, 2018

If the officer did not call social services, then you should. Also contact an attorney local to you ASAP about seeking a child protection order for your son and possibly to modify you custody order so you son is not living with your ex.

1 Answer | Asked in Criminal Law and Domestic Violence for Missouri on

Q: I have a 13 yr old Misdemeanor Domestic Case the judge ordered me Supervision for 1 yr and anger management

Classes was i convicted of my crime and can it be expunged to receive a foid card

Andrea Rogers answered on Mar 16, 2018

If you successfully completed probation on a suspended imposition of sentence (SIS), your case was closed and there is no conviction.

Misdemeanor domestic assault is not eligible for expungement.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on

Q: Non custodial parent stopped paying child support for past 2 months. Owes back pay also, can they have rights terminate

Non custodial parent has lived out of state now, for past year and half and Barely sees child. When he does it becomes a toxic environment for both custodial parent and child. Parents were never married and do not have any other court orders besides child support. The non custodial will not let... Read more »

Lydia Seifner answered on Mar 1, 2018

If you were unmarried when the child was born, and have never had the father's rights declared in court with an enforceable visitation schedule, then he does not currently have rights to the child. You may deny visitation.

Be aware that at any time, he may seek a paternity action to...
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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Missouri on

Q: I was deceived into signing over the rights of my child by the father, how can I gain the rights back?

Lydia Seifner answered on Feb 26, 2018

You can't actually sign your rights away unless there is someone else to take your place, like an adoption by a step-mother. Likely he received sole custody granting you very limited visitation. You can seek a motion to modify to re-establish contact, if the circumstances since the original... Read more »

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for Missouri on

Q: What does “consent judgment against (name) for full order of child protection - civil suit disposed” mean?

I saw this in a newspaper article and am confused on what it means. Against makes it sound not good for the person but then it says disposed so is that good? Also what is the full order of child protection?

Lydia Seifner answered on Feb 18, 2018

Consent judgment means the parties agreed, or at least one party did not show up and contest the action. A full order of child protection is an restraining order on behalf of the child; and disposed means that the court has made a final decision. The whole thing means that a restraining order on... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Domestic Violence for Missouri on

Q: I pled guilty to a domestic violence charge in 1988. I'm now applying for a job at a school, should I report it?

The conviction was in Washington State and I haven't been in any trouble since.

Andrea Rogers answered on Nov 4, 2017

The conviction will show up on your criminal record, so your best option is to disclose it on your application if they ask about your criminal history, and explain what happened and how you have changed your behavior since that time. The fact that it was so long ago and you have had no legal... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Missouri on

Q: I testified against my boyfriend for domestic violence but I pleaded the fifth and they still made me testify. What can

What can I do to get him out of jail

Peter N. Munsing answered on Jun 22, 2017

Why? You don't want to get back with an abuser. He is where he should be. Sorry, but it's up to his lawyer to try to get him out. Not your job. You apparently did what you could do but the evidence was such that he got put away. That should be a message to you.

1 Answer | Asked in Family Law and Domestic Violence for Missouri on

Q: My sister's boyfriend is threatening her and is abusive. What can I do to help her get safely out of the situation?

I know my sister is being mentally abused and now I fear it has progressed to physical abuse. I think he is threatening her with hurting the family if she leaves. He is also, we believe, an undiagnosed schizophreniac. What can I do to help her get the help she needs to get rid of him and protect... Read more »

Kristen Thurmond answered on Apr 28, 2017

Your sister has to want to leave. If you personally witness any physical abuse, you can call the police. Just know that if you report it and your sister does not want to leave, it could make things worse at home for her and the kids. Until your sister is prepared to leave, there is not much you can... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Wrongful Death for Missouri on

Q: can a case that was just dismissed 3 years ago, that involved a death of a child be reopened?

Medical examiner said it was accident so after 58 or 85 days the guy was in jail for murder charges just got released. The stories don't add up and not do the injuries the child had even dfs said there was multiple injuries they discovered on the child and the injury he obtained from this so called... Read more »

Peter N. Munsing answered on Jun 23, 2016

If it went to trial, no--the double jeopardy clause prevents retrials. The problem is that the DA's office has to be convinced that having had the case thrown out once it's likely to succeed now. In a criminal case it has to be shown beyond a reasonable doubt that the person charged did it--that's... Read more »

1 Answer | Asked in Domestic Violence for Missouri on

Q: I want to report domestic violence but I don't want charges filed is this possible?

Kenneth J. Geniuk answered on Oct 28, 2014

I do not know the particulars of your situation, but domestic violence is a serious matter that should not be taken lightly. That being said, a victim of domestic violence can request an order of protection from the circuit court, and the proceedings would be a civil matter, not criminal. If the... Read more »

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