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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What if I was the first one to hit the suspect on a domestic violence case?

A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the... View More

James L. Arrasmith
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answered on Nov 26, 2023

In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false... View More

2 Answers | Asked in Domestic Violence and Immigration Law for Michigan on
Q: Immigration query - domestic violence case.

Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More

James L. Arrasmith
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answered on Nov 26, 2023

Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.

First, consider reaching out to the...
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1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 26, 2023

Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More

1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

1 Answer | Asked in Child Support, Domestic Violence and Family Law for New Jersey on
Q: If there was neglect and wrongdoing in a IV-D Enforcement case what r the parents rights since a judgment wasn't paid

The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no... View More

James L. Arrasmith
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answered on Nov 24, 2023

In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal... View More

1 Answer | Asked in Domestic Violence for California on
Q: Bail bonds role and charges

My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she... View More

James L. Arrasmith
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answered on Nov 24, 2023

The role of a bail bonds company is to provide a surety bond, which allows a defendant to be released from jail before their court date. In your sister's case, the bail was set at $50,000, and typically, a bail bonds company charges around 10% of the bail amount as a non-refundable fee. So, a... View More

2 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: What is the bond for Domestic violence charges? What is the process to help domestic violence charges?

Hello!

My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get... View More

James L. Arrasmith
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answered on Nov 24, 2023

I'm sorry to hear about the situation with your sister. It's important to note that the bond amount for domestic violence charges can vary widely depending on several factors, including the severity of the charges, the jurisdiction, and the individual's criminal history. Since your... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: What is the bond for Domestic violence charges? What is the process to help domestic violence charges?

Hello!

My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get... View More

James L. Arrasmith
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answered on Nov 24, 2023

Under California law, the bond for domestic violence charges varies based on factors like the severity of the allegations, prior history, and local jurisdictional guidelines. It's essential to understand that even if her husband isn't pressing charges, the state can still pursue the case.... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for New York on
Q: What do I do when the authorities have not arrested the man who committed a violent sexual assault against me?

I have proof of the assault and a witness

James L. Arrasmith
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answered on Nov 23, 2023

In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them... View More

2 Answers | Asked in Immigration Law, Criminal Law and Domestic Violence for Minnesota on
Q: My wife got a misdemeanor charge against me for domestic assault. She's illegal immigrant legally married

She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More

James L. Arrasmith
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answered on Nov 23, 2023

In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.

The...
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2 Answers | Asked in Criminal Law, Civil Rights, Domestic Violence and Sexual Harassment for Georgia on
Q: I need an Attorney to call the Fulton County Sheriff's dept to see if there's Felony Warrants coming from Escambia Fl.

11/19/2023 Hello. I have a group of Africans that stole my identity claiming they own me. They forged fraudulent paperwork claiming they're married to me,claiming they're my financial responsibility. Claiming they own me. I found out they all served 20 years at Century Correctional... View More

Joshua Schiffer
Joshua Schiffer
answered on Nov 20, 2023

It doesn't quite work like that but you certainly need to pursue the folks trying to harm you. Since you are a victim of the fraud you need to make the appropriate reports with the appropriate authorities, as different agencies have different obligations/duties and are not going to be able to... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: is there a way to court order a domestic partner to respond to a notice attesting to their status on the relationship

they have not spoken with me in months and ive been told to just move on but the thing is if I do that and then they decide to come back and im with someone else, then id be considered cheating? even though its been moths, so id want an official statement or something

James L. Arrasmith
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answered on Nov 17, 2023

In California, there isn't a specific court procedure to compel a domestic partner to respond to a notice about the status of your relationship. If you're concerned about the implications of moving on, it's important to understand that being in a domestic partnership or a similar... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Illinois on
Q: My Daughters step father sexually abused her she’s 15, Dcfs said she could no longer be around him so her mom sent her

To live with me, the father. She’s been here one week transferred schools and is settling in well, now her mom found out her husband is going to jail and will not be there an she needs a sitter for the other children so she wants to take my daughter back. My daughter wants to go back because she... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2023

Under these circumstances, it is unlikely that you would prevail in this case unless you could prove that the mother knew it was happening and chose not to intervene. There are over 15 relevant factors but this is the biggest one in this situation. The law errs on the side of stability. If the... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Georgia on
Q: My ex has threatened suicide. How do I prevent visits until he is evaluated and helped?

My ex and I divorced in Colorado. I reside in Georgia and he is in New York City. He is a vet with PTSD. He told me 24 days ago, along with his other ex, that he thinks about killing himself daily. He continued to talk about just wanting to end his life, while talking about his other ex and I... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Nov 16, 2023

If you want the courts intervention before the father's next scheduled visit, you will have to immediately file for a modification an have the father served. Then ask the court for an emergency hearing and in that request it will have to specify the reasons for the urgency. If not, you will... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17

Greetings,

I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More

Leonard R. Boyer
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answered on Nov 15, 2023

The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More

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1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

James L. Arrasmith
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answered on Nov 13, 2023

In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More

1 Answer | Asked in Domestic Violence for California on
Q: Have temp dv restrain order on my ex. Had our 1st hearing, she asked for ext. How do I submit evidence that I need added

I have additional evidence that I was not able to include with the initial complaint. How do I submit it so she can't claim civil procedure was not followed and is able to get my evidence to not be considered in our hearing?

James L. Arrasmith
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answered on Nov 23, 2024

You'll want to file your additional evidence through proper legal channels as soon as possible. The California courts require you to serve any new evidence to the other party before it can be considered in your hearing, typically at least 5 days before the court date.

To submit new...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Elder Law for California on
Q: As a dependent adult how can I get assistance, and get away from my mentally ill abusive father?
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answered on Nov 22, 2024

Your safety and wellbeing are the top priority right now. If you're in immediate danger, call 911 or your local emergency services right away.

Contact Adult Protective Services (APS) in California at 1-833-401-0832 - they help dependent adults facing abuse and can provide resources for...
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1 Answer | Asked in Domestic Violence for California on
Q: Are there any free domestic violence classes for people with no income
James L. Arrasmith
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answered on Nov 21, 2024

Yes, there are free domestic violence classes available in Fresno for people without income.

The Marjaree Mason Center offers free domestic violence intervention programs, including both in-person and virtual classes. You can reach their 24-hour crisis hotline at (559) 233-HELP (4357) to...
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