Get free answers to your Domestic Violence legal questions from lawyers in your area.
A witness in the case served me thru mail from California to Oregon where I live, cuz judge allowed it after he found I was evading service. Then I filed documents asking the other parent to provide me with evidence and to quash service and terminate the order and my motions/requests went... View More
answered on Jun 3, 2024
First, you should file a motion to set aside the restraining order with the California court, explaining that your previous motions to quash service and request evidence went unanswered. Emphasize that the court’s lack of response has deprived you of due process and that the restraining order is... View More
Order could of been dropped the same day I hade my hearing in jail. The alleged victim is trying to set the story straight based off information the police got on hearsay and it’s effecting our lives big time. My girlfriend is pregnant and needs me to be there for but with the no contact order in... View More
answered on Feb 13, 2024
If you truly don't get along with your court appointed attorney, ask the Judge for a different one. Court appointed defense attorneys are how indigent defendants are taken care of and are paid by the State. Why would any other attorney volunteer their time and not be paid when you have a... View More
I Avoided the DA because me and my family are afraid and I have no transportation. So will they help with any of it
answered on Nov 6, 2023
Talk to the DA and see what, if anything, they are willing to do. Being afraid to talk with them, however, doesn't really make much sense given that you probably are the star witness against BF so as soon as he gets out he may come looking for you in order to stop or at least discourage you... View More
recent marriage and she has called me to yell at me for giving my son a sinus nasal spray, she doesn't communicate with me and tell me that she took my son to the ER, She told me that there is no court order that says she has to let my son talk to me?
answered on Oct 13, 2023
A step parent has no legal authority over a child. The legal authority is reserved to the biologic or adoptive parents. Unless there is a court order, a new spouse married to an ex does not have any authority to decide how to raise the child and certainly cannot tell you whether you can or cannot... View More
My ex was very violent. Me and my current got in a very heated argument and I went into fight or flight because of ptsd. My current restrained me during the incident and some bruising was caused because of my struggle. I called the cops while still in a hysterical ptsd state of mind. I have mental... View More
answered on Jun 17, 2023
Sorry but it is not up to you whether the charges are dropped or if the District Attorney proceeds to trial and attempts to get a criminal conviction. Actions have consequences - both for you and for him. You can talk to his criminal defense attorney if you wish to see what, if anything, you can... View More
my mom is constaltly recording me and threatening to send them to people that would include the police and the videos arent even bad it just me telling her I don't like what she is doing and after she hurt me and I have a scar from it she got a video of my crying and she says she will send... View More
answered on May 22, 2023
Assuming you are clothed during these videos and are not otherwise involved in illegal activities, they are legal. Your mother is within her rights to record a conversation between the two of you. Oregon law is more murky as to whether she can record you when she is not part of the conversation.... View More
I got into a fight with my boyfriend and he threw me down a few times and I fought back but gave him a bloody nose I got arrested but want to fight no guilty for self defense can they turn around and arrest him if I am found not guilty for self defense
answered on Mar 11, 2023
Yes, they CAN arrest him, regardless of the outcome of your situation, but it is highly unlikely. The police officers that responded at the time made the decision to arrest you and not him. They could have arrested him; they could have arrested you; they could have arrested both of you; they could... View More
We previously had domestic violence issues that resulted from both of us escalating petty situations. He was arrested early this month for violating his probation and making contact with me. I want contact with him. We share a child. I do not want to go to this hearing and speak. Can I object to... View More
answered on Nov 4, 2022
Actually a no contact Order IS a restraining order and while he can ask to have it lifted (you can't per se since the Order isn't directed at you), these sorts of requests are very common and are very rarely granted. You are under subpoena and your presence is NOT elective or voluntary.... View More
I used a move taught to me for this called ois when do I give my evidence to the DA I went through the 705 page discovery and told my lawyer what is what for each page did a color chart sent my evidence but when does the DA get it..I'm innocent I can prove I did exactly what I was trained to... View More
answered on Jun 10, 2024
First, you don't seem to post a question for anyone to answer. Second, regardless you should be asking ALL questions to your existing attorney - they are the most qualified to answer and know the details of your case. Finally, you should NOT post any of the details on line. Prosecutors can... View More
In april, my husband (40) and daughter (15) we're having an argument about her avoiding her chores. She went into the bathroom, laid on the floor and kicked the bathroom door, breaking it. When my husband went in to see what was going on, she kicked him, then got up off the floor and hit him... View More
answered on May 30, 2024
This, and most other questions are best asked of his criminal defense attorney. They are much more familiar with the case details as well as have likely discussed the matter with the District Attorney's office who is prosecuting the case.
I have evidence of my neighbor stalking me as he shows up everywhere I go within 10-15mns. He's tracking not following me but haven't found the gps device yet. It's daily & he's relentless. The cops even went to his house & told him to stop plus avoid me which did... View More
answered on Apr 4, 2024
Of course you can sue in circuit or small claims court. Can you win? Not likely on the facts presented.
I have a child with a parent who had assaulted me in the presence of the child in 2017 and has not had contact with them since. They were arrested, charged and took a plea deal. I would like to change his name but want to avoid this other human being as much as possible. I was trying to figure out... View More
answered on Mar 8, 2024
Search Google for Oregon Minor Name Change. The first answer will be a fact sheet from the Oregon Judicial Department. Follow the instructions. It is pretty straightforward.
Hope that helps.
He has been arrested 3 times for abusing me, I've lost everything my home my friends and if I'm convicted I will lose my ability to be a caregiver in the us
answered on Feb 10, 2024
This is a question for your defense attorney. You should not post anything about the incident online and only talk with your attorney about it. Your freedom could be at stake.
I am an alleged victim. I was wondering if I can get a court appointed attorney because I recanted my statement for being on pain medication and intoxicated
answered on Dec 3, 2023
If you are charged with a crime, you likely will be eligible for a court appointed attorney. No crime, no appointed attorney.
answered on Oct 16, 2023
You don't begin to provide enough information for anyone to even understand your situation let alone properly advise you. Do understand though that generally (legally speaking) service animals and emotional support animals are not classified as pets (rather they are working service animals)... View More
My DV advacate tried to call the landlord for me and texted and left voicemail that they will pay the past due rent if 1600 but want a lease in my name and he evaded phone calls and we went to court the judge ruled for landlord because a third party promised to pay and that doesn't stop... View More
answered on Jan 6, 2023
Asking the same question multiple times doesn't change the answer. The rental assistance protections you likely are thinking of was a COVID emergency program that expired last September and is no longer in effect.
answered on Sep 23, 2022
Public defenders are notoriously over-worked and able to devote limited time to each client. A private attorney works for you and will put in as much time as they believe necessary, assuming you can afford to pay them.
The big issue is if you can afford a private attorney, you should not... View More
When we spoke to my mother she was very clear, not confused or disoriented.
She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More
answered on Feb 4, 2022
I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.
A tenant awakes to his landlord (who is also his mother), inside of his apartment. The landlord is drunk and aggressively harrassing the tenant who was telling the landlord to leave. Landlord refuses to leave, and physically attacks tenant ,causes huge scene. Once the landlord his practically... View More
answered on Sep 10, 2021
You need to immediately talk with a local landlord tenant attorney. You likely have damage claims against the landlord and perhaps criminal as well. Anytime you tell a landlord to leave the inside of your home (or anyone else for that matter) and they do not, call the police!
We have lived together for the last 3 years. We have 2 children together. I am the sole homeowner and work full-time. She works part-time and refuses to leave because she can't afford to live on her own. She is extremely abusive to myself and our children. I have insisted that she needs to... View More
answered on Sep 3, 2021
It depends upon whether she can legally be classified as a tenant. If so, you go through the hoops to terminate her tenancy and evict if necessary. If not a tenant (likely given your brief description), then you have to file to eject her from the house. Eviction and ejection share similar goals -... View More
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.