More information is required. Depends on if it was domestic violence related, aggravated assault or simple assault charged as a indictable offense. Your record also factors. Yes you could face jail and max fine for aggravated assault is $15K. Be wise and retain an attorney.
I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?
This is a case where you need to sit down with an experienced family law attorney to review each of the allegations advanced against you in your ex's domestic violence complaint to determine what proofs are needed to respond to the claims / testimony needed and how best to present that...Read more »
If your question is whether a person can be charged with domestic violence and have a TRO entered against them, go before a superior court judge on the charges and have the court dismiss the charges - the answer is yes. A judge can take testimony from the parties and determine that the allegations...Read more »
What legal recommendations is there for a 34 yr marriage where the wife has worked PT while raising the children and being a homemaker, who is ready to retire, as children have moved out of the house. The husband has been angry and given the wife the silent treatment for 6 yrs. He pays rent, taxes,... Read more »
Thank you for posting this question. Marital financial abuse is a very serious issue, but the Courts do provide methods by which it can be addressed. While the Court cannot compel marital counseling, it can certainly grant a Judgment of Divorce that respects and acknowledges your rights (and your...Read more »
I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »
A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.
You are going to need to retain a NY matrimonial attorney, with extensive domestic violence trial experience, if these complaints are filed in NY, but if they are being filed in NJ, then you need a NJ attorney. Your question has omitted a significant amount of facts, which would be necessary to...Read more »
A domestic violence final restraining order was entered against you 5 years ago by default since you failed to appear at the hearing and you want to know if you can now move before the court to set it aside and have a trial on the merits of the claims. The answer is that it is possible, but it will...Read more »
My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... Read more »
Generally most people are charged at the scene. However more and more many people are receiving a criminal complaint by mail and this can take 1 to 5 years before the statute of limitations would run. If you get a complaint in the mail immediately hire a good criminal lawyer
While there is a moratorium on evictions, it sounds like there is domestic violence potentially at play. You may be able to obtain a temporary restraining order which would require his removal at least temporarily.
Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... Read more »
The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont...Read more »
He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues... Read more »
It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an...Read more »
I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... Read more »
how could i get arrested for simple assault and a case versus the state when there is no physical evidence of any violence committed or potential threatening violence/harm, and the “victim” specifically says they aren't a victim of anything to the cop repeatedly. Also, the cops proceeded... Read more »
This is the first time I violated. I was messaged from an account that didn’t identify him as himself. Once I realized it was him we argued and then he called the cops. I have a summons for court on April. Should I expect jail time?
You could certainly get jail up to 18 months in general, but a good lawyer should be able to help you stay out of jail, especially if this is a first offense. Set up one of the free in office consultations that most of us criminal lawyers offer.
If a charge has been issued then you have been “arrested”. Fortunately you are being processed on summons and not warrant which would require processing at the jail. You are facing a matter which on first offense could possibly lead to probation but the criminal record is a problem plus it...Read more »
A lawyer can definitely help him, but you need to take the first step and hire one of us to defend him. If you cannot afford a lawyer a public defender will be appointed for him, but don't expect them to give any priority to his case as most are snowed in with cases.
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