I am an immigrant on Daca and I am married to a U.S. citizen. My husband has criminal history. I've been suffering from many forms of abuse, including emotional, verbal and even physical. Because of his crimininal history , many times I hesitated to call the cops on him when he began acting... Read more »
Being accused of a domestic violence is not a condition that allows you to break a lease without being responsible for paying future rent obligations under the lease agreement. If you break the lease, you will be responsible for your obligations under the rental agreement. You would probably be... Read more »
My fiance just bailed out on an assault family violence charge and now he has a failure to appear warrent. And possibly other pending charges,. He also moved states while on bond
I'm not 100% clear on what you are asking but I notice that this question is asked from California about Texas law. Moving out of state is not necessarily a violation of bond. It depends on the conditions of bond. There are some conditions required by the judge and other conditons that are... Read more »
She harasses me by phone and leaves threatening voicemails with lots of profanity. I have not made any attempts to make contact with her. Should I?
Who cares if you had sex with her friend? That isn't illegal. If you don't want anything to do with her then you should probably just block her on your phone and on social media.
If it becomes unbearable then you could call law enforcement on the non-emergency number and ask for... Read more »
Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.
This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »
I was in a highly abusive relationship with a mentally unstable woman (wasn’t aware of her issues at the time).
One day she threatened to show me a video of her and a former sexual partner.
I refused and she caused a huge fight where she attempted to assault me, and we both ended... Read more »
Just delete her messages and block her on all platforms. Trying to make a legal case out of something like that will only prolong your misery.
Why would Cps have the right to take my child if we were the victims and what can I do
There will be an initial court date where you can tell the Judge that you contest the removal of your children by CPS. The court will ask you if you need a court-appointed attorney or if you will be hiring your own attorney.
I went to Ask for Help with a Legal Firm about A Case regarding My Health and Access to my Personal Medical Records!
I explain my case to the Lawyer assistant and a couple days later I Got a Letter Citating this on The Information!
"You have a Case and is known as statues of... Read more »
The statute of limitations is a deadline to start a case or forever lose the right to start. It makes it so someone can't bring a case against you for something that happened a long time ago. You can get a general idea about by reading the Wikipedia page but for specifics, you'll need... Read more »
No, because jurisdiction for criminal cases depends on where the offense occurred.
My ex-gf filed an application for protective order against me - and falsified the allegations completely. The Judge denied the application for protective order. So luckily - this is behind me - however, I REALLY want to seal this - so that I don't show up on the county courthouse search... Read more »
Hire an attorney or research Rule 76a of the Texas Rules of Civil Procedure. Be aware that a Family Violence protective order is based on the Family Code but a Stalking or Sexual Assault protective order originates in the Code of Criminal Procedure.
V
Relevance? Valid strategy? Simple oversight? Something else? Your lawyer is the only person who can really answer questions about why they are (or are not) doing something.
I was married to the man I am divorcing for 8 years with him for 10 there were many instances where there was family violence but I was to scared to file a report, Will that stop me from obtaining a protective order? I do not feel safe going threw this divorce as he has already Wished death on me... Read more »
You should discuss this matter privately with your divorce attorney. Here on Justia, we never have enough facts and specifics to do more than talk generally about the issues. If you don't have a divorce attorney you should hire one.
Anyway, the primary issues for this type of... Read more »
This male is an ex boyfriend who manipulated and used my past domestic issues to coerce me into giving him money and purchasing expensive items for him. We split up 3 months ago and recently I was diagnosed with am aneurysm.
You can sue Santa Clause but it's no use unless the person you sued is able to pay if you win. But suppose he is able to pay... I'm not sure what the cause of action would be. You are considering suing someone with a mental disorder for the way they behave BECAUSE of their mental... Read more »
Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called... Read more »
You would need to file a writ of habeas corpus and or a petition/motion for enforcement against noncustodial parent. If you win, the judge can issue a capias for his arrest if he still doesn’t return the children. Police usually won’t get involved unless there’s a capias issues against a person.
Without getting into specifics, a customer posted the following comment as feedback to a purchase he made from our business, "U BE THE 1ST GUY I SHOOT". There were also emails sent with profanity, as well as a comment posted on our Facebook page. The customer is located in a different... Read more »
A restraining order is issued in the context of a CIVIL case but it expires when the case ends. That said, sending a death threat and multiple harassing electronic messages can be the basis for a criminal Stalking case... and the victim of a Stalking can apply for a Protective Order... and that is... Read more »
You can't. Only the judge can do that. However, you can ask the judge to do it. The judge will want to be assured that the change will not put you at risk of additional trouble.
Will March 5th my boyfriend or fiance got arrested Well they have put an emergency protective order on him I did not want that nor Anything on him because he didn't do anything to me He did not hurt me any kind of way Well I I want to the county clerk Me a paper to fill out and then take it... Read more »
This type of order means he was arrested for a crime against you. You can try to talk to the prosecutors at the office of the District Attorney in the county where the case is pending. You could also try to talk to your boyfriend's criminal defense attorney.
The rules for removing a... Read more »
Im looking for a lawyer that is willing to pro bono and help me beat my oldest sisters self defense charge regarding her being charged with murder. Is anyone available?
If defended properly, a case like the one you described could end up consuming most of the attorney's attention for months if not years. If the attorney is not charging for that time then she will need to make up the difference in some other way, most likely by taking extra cases and working... Read more »
My mother in law recently brought her husband to texas from jamaica, legally of course. They were married in jamaica and i am not exactly sure the path she took to bring him over here. She is the sole owner of both the home she just purchased and the home she has had for years prior to them getting... Read more »
No, not without an eviction. If you threaten him with a firearm, you will commit Aggravated Assault with a Deadly Weapon, which is a felony of the second degree punishable by up to 20 years in the state penitentiary and a fine up to $10,000. If you actually shoot him then you could be facing 5 to... Read more »
Are you married? If so, what is your spouse’s immigration status? Yes we are married,he is illegaly here and I have papers
Do you have a child born in the U.S.?yes we have a child
This question should be answered by an IMMIGRATION attorney. Most of the attorneys who see questions marked "domestic violence" practice in the areas of Criminal Defense or Family Law. You should re-post this question and select "Immigration Law" as the practice area so it... Read more »
I sent in evidence to district attorney for domestic violence. Can I withdraw the evidence? Is there anything I can do for them to not use it in court?
You can ask them not to use it but you can't really unring a bell. The DA will probably need your cooperation to introduce the photo into evidence... and that basically means you would testify about things like the circumstance of when, where, and why the photo was taken, that it is an... Read 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.
