Lawyers, Answer Questions  & Get Points Log In

North Dakota Domestic Violence Questions & Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on

Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

I’m originally from Wa, and have lived in North Dakota with my daughter up until a year and a half ago when I needed immediate medical attention because of severe Crohn’s disease, malnutrition and heart failure. I am now on the mend and would like my daughter to live with me in Wa because that... Read more »

Stefan Dunkelgrun answered on Aug 24, 2018

For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

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

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

On a sunday evening my girlfriend struck me without warning and without our voices being raised, I instinctively responded and had struck her and put her on her back AFTER she blind-sided me. She had hit me again and i returned the punch and rolled off her and repeatredly told her to leave. 2... Read more »

Lucas Wynne answered on Aug 14, 2018

It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

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

Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants

Have been issued for my arresf 1 for simple assault domestic and the other for interfering with a 911 call what are my options and do they have a case its been almost 2 months since the warrants have been issued

Nicholas Nelson answered on Jun 18, 2018

With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.

Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney,...
Read more »

View More Answers

1 Answer | Asked in Domestic Violence for North Dakota on

Q: Do I have to let sheriff serve me with restraining order paper or can I have him send them?

Lucas Wynne answered on May 16, 2018

Accept service either way, hire a lawyer to fight the restraining order if you think it is unjust.

1 Answer | Asked in Domestic Violence for North Dakota on

Q: I got a domestic violence unlawful use of a car and reckless endangerment, what can I do?

In North Dakota

Lucas Wynne answered on Apr 3, 2018

You can and should hire a lawyer, you will not be able to effectively handle these charges on your own. Attorneys like myself offer free consultations and serve clients throughout the state.

1 Answer | Asked in Domestic Violence for North Dakota on

Q: What if a third party witness to domestic violence decides to retract his original statement made to police?

I received information over the phone that a friend was injured during an argument with her boyfriend. After giving a statement to the police, she told me that she'd actually had fallen down the stairs due to no fault of her boyfriend. I contacted the police the next day and retracted my... Read more »

Lucas Wynne answered on Mar 2, 2018

The prosecutor may still bring charges, even if your statement has been retracted. Why? Firstly, because you did not witness the incident. More importantly, because victims of domestic violence often retract their statement and it is in the state's interest to pursue domestic violence incidents.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Dakota on

Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date

Lucas Wynne answered on Oct 15, 2017

You need to consult with a lawyer to specifically address your question. Unfortunately, addressing this question on the internet could be detrimental to your case.

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

Q: I did not respond to an affidavit therefore the judge ruled in favor of the plaintiff, what do I do next?

The court date was for temporary until the initial court date. I am the defendant in the case and doing this pro-se and the plaintiff has an attorney. There are also dual protection orders. The plaintiff has broken his and there is a seperate case for that.

Lucas Wynne answered on Aug 24, 2017

There is not enough information in your question to provide an answer.

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.