Get free answers to your Domestic Violence legal questions from lawyers in your area.
Your current state is Ohio
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 
answered on Feb 1, 2024
I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More
This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without... View More
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answered on Jan 30, 2024
In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat... View More
If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?
answered on Jan 30, 2024
NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More
The owners son to a house I was abandoned at by my ex fiance is friend's with the owners son. Twice the son has smashed out the windows of the entry doors to break in. The second time he came with my ex and a hammer and gained entry. The cops said the most they could charge him with was... View More
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answered on Jan 29, 2024
If you believe the police are not taking appropriate action due to a potential conflict of interest, you should consider taking some steps to address the situation. Start by documenting all incidents and interactions with the police, including dates, times, and names of officers involved.... View More
My DVRO as a victim, backed by a police report and medically noted injuries was in place first. In retaliation, the abuser filed his own DVRO in another county and the judge gave it to him.
Is this allowed? Is it illegal error? Was the judge supposed to wait for the outcome of mine before... View More
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answered on Jan 29, 2024
In California, the issuance of a Domestic Violence Restraining Order (DVRO) is governed by the evidence presented in each specific case. It's not uncommon for both parties in a domestic dispute to seek restraining orders against each other. The law doesn't automatically preclude granting... View More
So today my boyfriend and I were arguing about our 4 month old baby. He had her since Thursday and was supposed to have her until Tuesday. We were supposed to go to lunch earlier but we had got into a little petty disagreement and decided against going so I went to run errands instead and he kept... View More
answered on Jan 29, 2024
I take it someone was arrested?
Often times when a 3rd party calls the authorities the investigators are unwilling to slow down and actually investigate what happened, as it is faster and easier to just start arresting folks.
IF you or your BF were arrested, BE CAREFUL and get an... View More
They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More
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answered on Jan 28, 2024
In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More
Hi Lawyers,
I’m filing my own motion to vacate a DVRO that my abuser was granted, but me the victim with hospital records, police report and confirmation of charges pending against my abuser didn’t get one HAHA!
I have a new judge now and I need help citing caselaw in my motion... View More
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answered on Jan 28, 2024
In your situation, where you're seeking to vacate a Domestic Violence Restraining Order (DVRO) that was granted to your abuser, it's crucial to provide solid legal grounds for your motion. Citing relevant case law can strengthen your argument, especially if you believe there was judicial... View More
He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More
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answered on Jan 28, 2024
Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.
Begin by... View More
The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.
answered on Jan 28, 2024
Its improper to offer money in exchange for the dismissal of a dv restraining order. If he is acknowledging that he did something wrong, agreeing to put in place appropriate civil restraints to bar all contact and communications moving forward and he is offering to give you money to relocate and to... View More
The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.
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answered on Jan 27, 2024
Realistically it does not seem appropriate. This is all the more reason not to drop the TRO. Presumably, there will be a divorce (if you are married). In 39 years of practice representing both Plaintiffs and Defendants, I have never made or seen any other attorney make a monetary offer to drop a... View More
2 get out holding the door wide.Open4the garbage man 2 see me that was pullin up.This is a second incident that happened that I recorded a year prior. She didn't want me to use the restroom until I purchased the car wash. I went there to go get after coming out of bathroom. She calls me... View More
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answered on Jan 26, 2024
Under California law, the situation you described may constitute assault, especially if there was intentional and unlawful physical contact or a credible threat of harm. Placing a knee on someone's genitalia, as you described, could be seen as an offensive physical contact, which is a key... View More
answered on Jan 26, 2024
The standard pathway is the same as with all criminal allegations. The state will review the reports, issue an accusation or indictment (or dismiss), and eventually the court will schedule and arraignment.
More importantly, this is the time when your BF can gain an advantage by retaining... View More
I went to court house to try to drop PPO which I did not want the prosecutors made me get it. How can I get it dropped without sending a registered certified letter to my boyfriend. I'm not sure his whereabouts and they told me he has to sign the slip and send it back and then we have to go to... View More
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answered on Jan 24, 2024
In Michigan, to drop a Personal Protection Order (PPO) that you've filed, you generally need to follow the court's established procedures. This often involves filing a motion to terminate or modify the PPO. While you have filled out the necessary paperwork, the requirement to notify your... View More
I filed an report for physical violence against my dad but the other day after he went to the jail i went to the police station and tried to take down the statement they said that was impossible and i only can do that in the courthouse and after that now the judge has called us and i forgave my dad... View More
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answered on Jan 24, 2024
When you go to court, it's important to be honest with the judge about your feelings and intentions. You can explain that you have forgiven your father and wish to retract your statement, but be aware that the decision to proceed with the case is ultimately up to the prosecutor, not the... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
answered on Jan 24, 2024
If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
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answered on Jan 23, 2024
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
answered on Jan 24, 2024
If the power of attorney gives them authority to handle real estate business, the power of attorney should be recorded. I would recommend that you contact the owner/ landlord directly and get a copy of the power of attorney from that source. Be sure to read it carefully to be certain that it... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
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answered on Jan 23, 2024
In matters involving financial decisions and the use of a Power of Attorney (POA), it is generally reasonable to request to see the POA document to verify the authority of the person claiming to act on behalf of the principal (the person who granted the POA). This is especially pertinent in... View More
I was determined to be the instigator. He got superficial scratches. I flew backwards through the air and broke my foot in 6 places in an attempt not to break my neck, head or worse. The whole situation started because he was driving drunk and I tried to take the keys of our car away from him. I... View More
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answered on Jan 22, 2024
To find a pro bono lawyer who can assist with your situation, you can start by contacting legal aid organizations in Arizona. These organizations often provide free legal services to those who qualify based on their income and the nature of their legal issues. They may be able to help you address... View More
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