Get free answers to your Domestic Violence legal questions from lawyers in your area.
Your current state is Ohio
I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In California, if you file for divorce, the court will consider various factors when determining whether to award alimony, also known as spousal support. These factors include the length of the marriage, each spouse's earning capacity, their standard of living during the marriage, and any... View More
took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More
answered on Feb 12, 2024
You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More
Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?
answered on Feb 14, 2024
If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More
Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?
answered on Feb 12, 2024
You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024
Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2024
With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.
In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More
I took a guilty plea and got probation a 4 year suspended doc and had to pay fines and get mental health treatment. But I'm diagnosed with bipolar 1, schizophrenia, PTSD, and hdhd. I was incarcerated for the crime I was allegedly being accused of and the jail wasn't giving me my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
While it may be challenging to withdraw a guilty plea after it has been entered, it is not impossible. Mental health issues can be considered as a factor in seeking to withdraw a plea, especially if they affected your ability to understand the proceedings or make informed decisions at the time.... View More
An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More
answered on Feb 8, 2024
Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More
In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024
In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion... View More
I understand that a second FV Battery is enhanced to a felony but cant find any information for a second FV conviction if the subsequent conviction is Simple battery and not Battery.
His sentence for the FV Battery he was 120 days jail time.
As a repeat offender I expected some sort... View More
answered on Feb 7, 2024
Prior convictions under Georgia's Family Violence Act involving the same putative victim should result in mandatory felony charges for new DV arrests, however it is not so simple due to the overwhelming demands currently placed on the prosecuting agencies in GA.
Lots of reasons why the... View More
The police made it seem way worse on paper
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024
If you wish to drop charges against your boyfriend in a domestic violence case in San Joaquin County, it's important to understand that the decision ultimately lies with the prosecuting attorney's office and the court system. You can express your desire to drop the charges, but it's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
If you're going through a domestic violence case in California and the person responsible has also stolen items and money from you, it's critical to report these thefts to the police as soon as possible. Provide them with any evidence or information you have regarding the stolen items and... View More
I live in Washington state and have a current DVPO against my ex. The only contact allowed is third party for child visitation or email about visitation and time. He is constantly posting about me on Facebook referring to me as “my son’s mom” “my kids mom” calling me a terrible parent and... View More
answered on Feb 5, 2024
It will depend on the wording of the Order. Unless it prohibits public comment, it likely is not a violation. if it can be construed as an attempt to make contact with the protected person, it may be. The excessive email sounds like an issue. You ought to seek a modification of the order moving... View More
Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More
The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More
i I have been with my husband 15 years married ten. The last two he started being abusive and I filed for a protective order against him. He didn’t obey the orders so I left the house and tried to get on my feet starting at the bottom. I got a 1 bd apt and he won’t let me see the kids he says... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
I'm sorry to hear about your difficult situation. In cases of domestic violence and child custody disputes, it's important to prioritize the safety and well-being of both you and your children. You have rights in this situation, including the right to seek legal help.
You may want... View More
The DA is intimidating me and scaring me with the plea bargain that they are offering. I just need to talk to an atty who will answer some questions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
If you're feeling intimidated by the District Attorney's office regarding your husband's case and the plea bargain being offered, it's important to know that you have rights and options. The Criminal Protective Order (CPO) issued in domestic violence cases is intended to protect... View More
Since leaving my county of residence over a month ago and traveling several hundreds of miles for a family emergency to a county in a different state the local LEA has filed charges with the court of limited jurisdiction alleging I violated animal control statutes and committed acts of harassment... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024
The prosecutor can file charges without notice to the accused person and then you have to participate in all aspects of the court process (namely, hearings). Even when someone is arrested and let go or they go to jail for a night and no charges are filed, they might be unpleasantly surprised down... View More
I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024
I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be... 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.
