You'll need more than an unpleasant conversation to qualify for a protective order. The "threat" you described lacks the degree of imminence necessary to qualify as Family Violence pursuant to Section 71.004(1) of the Texas Family Code.
I got my conditional green card in 2016. i applied for a waiver to remove contion in 2018 as a result of domestic violence and this was approved. presently it has been 3years of been a green card holder can i apply for citizenship or i have to wait for 5 years because presently i am divorce from my... Read more »
In your scenario, the spousal naturalization provisions are applicable if the conditions on the resident status are removed based on an approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (FORM I-751). In these types of cases you...Read more »
I admitted to the officer that I hit my wife in the altercation her and I had, so the Officer said to me that someone has to go to jail and I said it's going to be me (the husband) that's going into jail because I admitted to hit my wife but the officer took my wife to jail instead when it should... Read more »
Has this conduct been reported to the police and CPS? If not, that would be the first things to do. CPS could set up a plan for her and CPS could consider your parents instead of foster parent(s) for her care. Of course there is no guarantee. But, violence should be addressed by the authorities....Read more »
Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and...Read more »
Your best bet is to simply go back to the attorney who helped you apply for the protective order.
Absent that, you can identify a protective order case with a success modification and go to the clerk's office and ask to look at the court's file. It is a public record so you can make a...Read more »
He lives in another state so I checked on line with the court system and it said the notice was unexecuted and it has another court date and it states “deadline to complete matter”? What does this mean?
It might mean the court is considering dismissing for want of prosecution but that is just a guess. If you want an accurate answeryou'll have to ask the court that posted the information about the meaning.
I turned myself in and was arrested on March 29 on bogus stalking charges, I bonded out and I have never been given a court date nor have I ever seen a judge and I call once a week to check in like I’m required to do, in the process of this my ex and his girlfriend have tried to put a protective... Read more »
This question is marked both Texas and South Carolina so I'm assuming the protective order was filed in Texas but that you live in North Carolina. If my assumption is wrong you can ignore the remainder of this response and you should re-post the question with information clarifying the applicable...Read more »
I was arrested for violating the protective order. Ex girlfriend stated to police she had the order dropped and called me to pick her up the order will be a year old in December. How affective will this police report be in my motion for dismissal? I was never arrested for family violence or... Read more »
Your girlfriend does not have the power to void a protective order; the only person who can do that is the Judge who issued the order. In my experience, what she told you will have no effect on the new criminal charges. Start calling local lawyers. Good luck.
She is very aggressive and my parents have a history of calling the police on her acting violently. She instigated a fight when she threw something at my dog and when I tossed it back, she attacked me. It was very awkward because she kept punching me and I tried to only get her face, both of our... Read more »
You can be arrested and taken to jail for assaulting the Tooth Fairy but you can only be CONVICTED if the prosecution can prove every element of the offense beyond a reasonable doubt. Self defense is a justification for the use of force. When the issue is raised by testimony or other evidence, the...Read more »
My girlfriend is 26 and has aspergers but lives in a abusive (domestic abuse) household. She has suffered this abuse since late elementary school from her parents, close family and so on. Now i want to help her move out but her mom demands that she can't and has threatened to call the police and... Read more »
I notice there are several practice areas flagged on this question. I will answer only with respect to Criminal Law and Domestic Violence. You'll need a Family Law attorney to answer the Guardianship issue ... and maybe also a therapist to figure out how you got emotionally invested in this...Read more »
The maximum penalty for a Class A Misdemeanor is one year in county jail and a fine up to $4,000.
If you are convicted of a misdemeanor crime of domestic violence then you permanently lose your 2nd Amendment rights to possess any firearm or ammunition and if you are not a US citizen you...Read more »
I am now divorced. My ex-husband was mostly verbal and psychologically abusive, at times physical. Dec. 2017 he was violent, angry and slapped my arms, pushed me into walls. Children were sleeping. I called 911, dispatcher told me wait outside. Female officer went inside with him, male officer... Read more »
A private citizen can't file a criminal case. You can report a crime to law enforcement in the county where the alleged incident occurred and the cops will investigate and decide whether or not to pursue a criminal case. There isn't much you can do about it if they decide against filing...Read more »
We were arguing all day and cops kept telling her to press charges, she did because she was upset but tried dropping the charges because me and her didn't actually fight with each other. And now she wants to say she lied so that I don't go to jail but I told her not to do that. I was drunk at the... Read more »
The state must prove the contact caused injury or pain to support conviction for a class A misdemeanor assault. Physical contact that is offensive or provocative, but not painful, could be a class C misdemeanor... except a class C can't be based on a reckless act...Read more »
The most important thing is that the accusation is false. The preexisting injury might also be important. Whether the paper says Alex or Alexandra literally does not matter at all. Furthermore, focusing on a little typo instead of the facts could make you seem guilty... so don't do that!...Read more »
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