Her new boyfriend and one of the children. When she arrived in Rhode Island she filed a domestic violence complaint with the courts in R.I. and she alleges the violence occurred in NC. Shouldn't she file in NC? Fyi- she filed this complaint to prevent my brother from driving to RI to bring the... Read more »
A2: Your brother would be well advised to consult with an attorney or two (one in each jurisdiction) to understand how the court handles the jurisdictional issue you present on his behalf. When there is a custody order in the foreign(to RI) jurisdiction, the case will normally be heard there. BUT,...Read more »
I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It...Read more »
My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact my... Read more »
I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »
Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your...Read more »
You (or he) needs an aggressive attorney. If you are the complaining witness, you can cooperate with that attorney and let the prosecutor know that you do not wish to go forward with any charges. Sorry I cannot be more specific, but this question requires more details about the facts. Good luck...Read more »
If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an...Read more »
It could be a felony. The fact you have ‘never been in trouble’ before is relevant at sentencing, but not in the decision to charge you. You need to have a private discussion with a lawyer who you retain to defend you and explore ways to defeat the charge or mitigate any punishment. I hope...Read more »
My father my grandfather were just involved in a domestic violence incident where my dad restrained him because he came after My Dad and I got out a hand my dad is on probation He is on probation but he’s been doing so good the last three years his fines almost paid off he’s on unsupervised... Read more »
You cannot ‘drop’ charges once the police file them. You can help your father by getting him a lawyer who can work with the prosecutor and make sure that he or she knows you were not injured and you don’t want to go forward. An experienced lawyer will make a big difference here, but you...Read more »
You can try. Without the facts, it’s hard to say if you will be succeed. If you were found not guilty, it doesn’t mean you you didn’t do it. It means the prosecutor couldn’t prove it. That’s the same burden the prosecutor faces in a new case. You might want to have a private...Read more »
I leant my daughter money to pay her rent for a few months a couple years ago. She promised to pay it back with this income tax return, when she txd me the day before to come in the morning, we got into a tif about the amount. So I got to her house around 10 am she asked only I come up and not... Read more »
It’s not too late. But you need to consult with a family law attorney. If he is the father of your child, you stills have the right to mak the court aware of his behavior and to ask for limits or restrictions on visitation with your child. You should contact a lawyer ASAP. Good luck.
The police can still charge you with a domestic violence crime even without the “victim” being on board, if they believe there is enough evidence. You should contact an attorney to coordinate your surrender and arraignment, as you could be held at the ACI as a bail violator if you are already...Read more »
Abuse in front of her don’t know what to do she has came home scared and crying uncontrollably on numerous occasions I don’t want to send her till I can get a court date would I be held in contempt for keeping her away ?
Somebody called the police. They took me to jail. After 3 hours I paid $50 and they left me go because no one had bruises or signal of violence. They told me my wife didn't present charges but the city. Now I have to go to court with a Judge. What should I expect during this appointment. I cannot... Read more »
You should absolutely consult with and hire a lawyer. You are being charged with a domestic violence crime. Prosecutors and judges take these crimes very seriously and the penalties can include jail time, counseling, and the no contact order with your wife.
After few months of not contacting the child, can that parent stop other parent from taking child out of the country? Can one parent stop other parent from seeing the child from other country, if that parent cannot stay here? what if other parent has no job and cannot afford attorney to take to... Read more »
That's quite a few questions. Depending on the travel of your case and any orders now in effect, the answers will vary. Meet with a family court attorney in private to go over the documents and evaluate your options.
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.