Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »
The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP...Read more »
The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »
There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an...Read more »
Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.
If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.
If you are being criminally prosecuted and she is...Read more »
Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »
What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense...Read more »
The arrears will go to your heirs if you pass away and have a will or trust. But since you are alive, you really need to retain an experienced matrimonial attorney to go after the $160,000. It needs to be reduced to a Judgment and Docketed in Trenton as a statewide lien. Then an Information...Read more »
I don't know why a domestic violence restraining order's requirements are not being enforced by the court/probation department. My suggestion is that you sit down with a family law specialist, with experience handling domestic violence matters to review the terms of the court's...Read more »
The Clerk cannot expect you to know the statute, talk to a police officer or have one call the Garfield Municipal Court Judge and if it is appropriate ask for the issuance of a TRO, commonly known as a Temporary Domestic Violence Act restraining order. You are going to need a matrimonial attorney...Read more »
Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.
he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me
There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will...Read more »
The first question is what has he said to you as to his reason for not leaving? If you and he have been living together for 10 years, has he paid or contributed to the monthly mortgage expense? Has he given you money on a regular basis over that period of time for expenses for the house? Have there...Read more »
Call the police and file a Temporary Restraining Order, which will put a stop to this, or if he violates it, then it is a criminal offense. Next you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to represent you. With modern technology, you can...Read more »
The answer depends on the conditions of your probation. That being said if your restraining order came with a criminal charge which they commonly do then its a good chance you would be violating your conditions of probation. Now that i have said this only your attorney or you know your...Read more »
Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »
Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go...Read more »
Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... Read more »
Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public...Read more »
My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »
He needs an attorney. When police observe signs of physical injury they must make an arrest. Your statement may be seen as the result of pressure from the husband. An attorney will know the correct way to pursue dismissal. Get him an attorney.
You need to meet with a family law attorney experienced in handling domestic violence matters. In the complaint ( which presumably was served on you by the police), on page 1, it will have the allegations made by your wife to get the temporary restraining order and the dates for each item. I dont...Read more »
My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »
Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system...Read more »
If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if...Read more »
Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?
The focus in a Domestic Violence Trial, for a Final Restraining Order is very narrow. If the Court decides that you are entitled to an FRO, then you could be entitled to full and exclusive possession of the former marital residence. You and your children do not have to be the ones to leave. So you...Read more »
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