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Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Civil Rights, Domestic Violence and Legal Malpractice for Michigan on
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's

Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.

James L. Arrasmith
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answered on Dec 31, 2023

If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue.

The possibility of...
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I was a party of a case when I was a child. Can I get access or copies to this case?

I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to... View More

James L. Arrasmith
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answered on Dec 31, 2023

In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my

Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else... View More

James L. Arrasmith
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answered on Dec 31, 2023

In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the... View More

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More

Charles Candiano
Charles Candiano
answered on Dec 30, 2023

Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More

1 Answer | Asked in Domestic Violence for California on
Q: Could I get in trouble if I contacted my ex-husband mom? If I have a restraining order on me
James L. Arrasmith
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answered on Dec 29, 2023

Under California law, if you have a restraining order against you, it's critical to understand its specific terms and conditions. Generally, a restraining order prohibits contact with the person who sought the order, which in this case is your ex-husband.

However, the order may also...
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1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

1 Answer | Asked in Domestic Violence for California on
Q: Will it help me if my spouse shows up to my pre trial for a domestic violence court date?

She’s is the one who lied and called the cops on me the day of my arrest.

James L. Arrasmith
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answered on Dec 26, 2023

In a California domestic violence court case, the presence of your spouse at a pre-trial hearing can have significant implications. It's crucial to remember that each case is unique, and the impact of your spouse's attendance can vary based on the specifics of your situation.

If...
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1 Answer | Asked in Domestic Violence for California on
Q: How much of a 180 day jail sentence in LA county will I serve for domestic violence?
James L. Arrasmith
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answered on Dec 24, 2023

The actual time served for a 180-day jail sentence in LA County for domestic violence can vary based on several factors. Generally, in California, inmates may serve a portion of their sentence due to overcrowding and good behavior credits. However, the specific amount of time served can be... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin on
Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded

Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.

James L. Arrasmith
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answered on Dec 24, 2023

A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I sue 911 operator for handling domestic call negligently resulting in further anger to the abuser.

Operator kept telling me to hand phone to abuser who would of threw it out the window. When I pretended to hang up 911 call and abuser calmed down. 911 operator said my name resulting in extreme anger from abuser who threatened to kill me and then himself.

James L. Arrasmith
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answered on Dec 23, 2023

In California, suing a 911 operator for negligence is a complex matter due to the immunities and protections often afforded to emergency dispatchers and public entities. However, under certain circumstances, there may be a viable claim if you can prove that the operator's actions were beyond... View More

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Landlord - Tenant for California on
Q: My ex and I have been living for 7 months at a house his parents' own. Neither of us pay rent. What if he locks me out?

His parents own the place but do not reside there. They've been threatening to evict me. I am away for the holidays as worried he might lock me out. My things are at his place. What could I do to defend myself if this happens? Can I demand to get back in?

James L. Arrasmith
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answered on Dec 21, 2023

In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights.

If your ex locks you out, this could be considered an illegal...
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2 Answers | Asked in Domestic Violence, Federal Crimes, Personal Injury and Wrongful Death for Rhode Island on
Q: (b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what

(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences.... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under Title 18 USC Code Section 3613(b), the term "Criminal negligence" is defined as conduct that significantly departs from what an ordinary prudent or careful person would do in the same circumstances, to the extent that it shows a lack of proper regard for human life or indifference... View More

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1 Answer | Asked in Domestic Violence for Nevada on
Q: Can i get a subpoena notice through text in nevada for a domestic violence case as a witness?
T. Augustus Claus
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answered on Dec 21, 2023

While the method of delivering subpoenas can vary, receiving a subpoena notice through text in Nevada is generally not a standard practice. Subpoenas are legal documents issued by the court, and they are typically served in person by a process server, a law enforcement officer, or through certified... View More

1 Answer | Asked in Domestic Violence and Family Law for Tennessee on
Q: What kinds of documents or proof do I need to prove I’m in fear of my child’s father abusing him?

I have a temporary OP and need to know what I need to have with me at court to get the permanent OP granted. My son’s father is extremely abusive towards women and has been for 15+ years. I didn’t think he would abuse my son until he came home the other day from his house and went to school and... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

Given these facts, you should get your child into counseling. Unfortunately, it is unlikely you would be able to get the counselor to testify regarding his or her notes, given the short period between getting a temporary protection order and a full hearing on the merits. School records, previous... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What happens after a financial statement is filed by petitioner does he have to serve me to get a court date custody kid

For child custody parental determination

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 14, 2023

If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can't afford domestic violence classes what can I do
James L. Arrasmith
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answered on Dec 13, 2023

If you are facing difficulties affording domestic violence classes in California, there are several steps you can take. First, consider reaching out to local domestic violence organizations or shelters. These organizations often have resources or can direct you to low-cost or free programs. They... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: i go to trial against my ex he commited the assault on accident how can i get them to dismiss the charges

they charged him with aggravated domestic abuse battery but they don't wanna hear that he didn't intentionally hurt me and it wasn't physical assault i did call law enforcement because upon breathing in the pest killer Raid i couldnt breathe but upon law enforcement arrival they said... View More

James L. Arrasmith
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answered on Dec 12, 2023

In Louisiana, if you're seeking to have charges against your ex dismissed in a case of alleged aggravated domestic abuse battery, it's important to understand that the decision to prosecute lies primarily with the district attorney's office, not with the victim. If you believe the... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Can I be charged with unlawful possession if I’m at my girl friend house and she has guns? We have different address

We have different addresses and she wrote a statement and got on the stand testified she lied on me but they still charging me for something I didn’t do. I even have photo evidence she had a gun pointed at my face. I need help immediately please.

James L. Arrasmith
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answered on Dec 12, 2023

In Tennessee, being charged with unlawful possession of a firearm depends on several factors, including your specific circumstances and legal status. Merely being in a house where guns are present does not automatically make you guilty of unlawful possession. However, if there are certain... View More

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