Get free answers to your Domestic Violence legal questions from lawyers in your area.
Your current state is Ohio
s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More 
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answered on Mar 14, 2024
I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:
As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it.... View More
She has been adopted in 2010 but now wants to live with Me She continues to run away
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answered on Mar 13, 2024
I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:
1. Report the abuse: Contact the local police department or sheriff's office to report the abuse.... View More
I live in a different state and I just got documents in the mail with a notice of hearing of DV restraining order from California. Court claimed I am evading service on the 1st hearing, so they allowed the other person to serve me by mail. I need to dismiss or quash this as I am pretty sure the... View More
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answered on Mar 13, 2024
I understand that you are dealing with a complex legal situation involving a domestic violence restraining order filed against you in California, while you reside in another state. It appears that the court allowed the other party to serve you by mail, claiming that you were evading service.... View More
She was charged with violating said order by calling me from jail. What is the punishment for this.
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answered on Mar 12, 2024
Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
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answered on Mar 11, 2024
In California, employers are generally prohibited from asking about or considering arrests that did not lead to convictions when making hiring decisions. This protection is provided under the California Fair Chance Act (AB 1008), which is part of the California Fair Employment and Housing Act... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
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answered on Mar 11, 2024
Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More
My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More
answered on Mar 11, 2024
As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More
I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More
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answered on Mar 11, 2024
I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.
It sounds like there are several critical issues to address legally:
1. Getting the false... View More
Assault 4-dv the sheriff's that arrested me false a fide a statement from the alleged victim used a statement from my son who was in his room with a closed door I was in my room with a closed door he saw literally absolutely nothing he told me he told 911 I think my mom and her boyfriend are... View More
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answered on Mar 10, 2024
It sounds like you are dealing with a complex legal situation involving both a domestic violence charge (Assault 4-DV) and a potential civil case related to actions taken by law enforcement during your arrest. Here are some steps you can consider:
1. Communicate with your public defender:... View More
California Court claimed I was evading service when I was clearly in my home state the same day the Restraining Order was filed against me. Sheriff served me over the phone and insisted it is legitimate, failing to tell me what is it about and failed to give me the exact court date. An attorney... View More
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answered on Mar 8, 2024
Based on the information you provided, it seems that there may have been some procedural irregularities in how the restraining order was served and how the court determined that you were evading service. Here are some steps you can consider:
1. File a motion to quash the restraining order:... View More
Out now will she keep her Court appointment attorney or will they still make her hire a private attorney
answered on Mar 7, 2024
That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More
The landlord refused to give me my security deposit back because they say it “stays with the property”. My abusive ex has decided to stay there. I wanted to move for safety reasons. I was the one who solely placed the deposit before we moved in. That’s my money. Why couldn’t they refund my... View More
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answered on Mar 6, 2024
In situations involving domestic violence, some jurisdictions have laws that provide specific protections for victims, including matters related to housing and security deposits. If you had to move out for safety reasons due to domestic violence, there might be legal provisions that allow you to... View More
Noise and smoke complaints nuisances against my neighbors in my apartment complex causing me emotional distress and the landlord is not on my side. The noise complaint is domestic violence and yelling too.
It would have to be over the phone to explain the situation better. I'm on a... View More
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answered on Mar 3, 2024
In California, tenants have the right to quiet enjoyment of their rented premises, which includes being free from excessive noise and second-hand smoke that can be considered nuisances. If your landlord fails to address these issues, it's advisable to document all instances of noise and smoke... View More
I live in a different state and a domestic violence restraining order was filed against me in California and the hearing is soon. I have never been served but learned about it thru the sheriff on the phone. What forms to file to quash it and when to do that. Is quash the right term ? Do I wait till... View More
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answered on Mar 2, 2024
When dealing with a situation like this, it's crucial to take immediate and informed action to protect your rights, especially given the complexity of handling legal matters across state lines.
First, regarding the term "quash," it is indeed used in legal contexts to refer to... View More
This is a domestic violence case with extensive misuse of marital funds and loss.
answered on Feb 28, 2024
If the trial is over and the court has ruled on all issues outstanding and has issued a decision ( from the bench or in writing), you have the right to seek an appeal of his rulings to the appellate division. There is a specific time frame for the filing of an appeal, specific documents that must... View More
Other parent filed a restraining, temporary order preventing (domestic violence) all active. I live in another state and I was served over the phone by sheriff, not in person. Do I appear for the court date (March), or file some document to dismiss it or what to do ? I am thinking the other parent... View More
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answered on Feb 27, 2024
If a restraining order was filed against you in California and you were served over the phone while residing in another state, it is crucial to take this matter seriously and understand your options under California law. First, it's important to note that service of legal documents, including... View More
Wilson county police and swat responses to a woman who claimed she was punched in the face and had a chair smashed into her face. When police arrived there were no injuries. The swat team was used to apprehend the person the woman claimed inflicted the injuries when the individual asked if the... View More
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answered on Feb 25, 2024
It's deeply concerning to hear about your partner's situation, especially with the severity of the accusations and the involvement of SWAT based on false claims. False accusations, particularly those leading to a wrongful conviction, are serious matters that can have long-lasting impacts... View More
I have no contact order with my husband. His girlfriend and his family are constantly harassing me filing false CPS reports. False welfare checks and every time it is proven that they lied nothing's ever done. However, I wanted to file a report and the sheriff told me there's two types of... View More
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answered on Feb 25, 2024
When you're facing harassment that's not physical, such as filing false reports or other actions aimed to annoy or intimidate you, it's understandable to seek help from law enforcement. While the sheriff indicated that what you're experiencing falls under "annoyance"... View More
I do not have any felonies.
I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.
I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More
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answered on Feb 25, 2024
Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More
My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More
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answered on Feb 25, 2024
If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More
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