Get free answers to your Domestic Violence legal questions from lawyers in your area.
Your current state is Ohio
i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More 
answered on Sep 30, 2024
Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More
answered on Sep 26, 2024
It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.
If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the... View More
My wife suffers from extreme mental health and we had a domestic dispute in front of our children. My wife was arrested and my children and I made some statements at the time that were not all the way true but we were mad and scared at the time of the incident. Now I have sent letters to the DA... View More
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answered on Sep 26, 2024
Both the police and the state treat domestic violence cases very seriously and are reluctant to drop them. Once they get involved, it becomes their case and they can proceed even without the consent or cooperation of the victim(s). You cannot simply ignore the subpoena. It may be wise for you to... View More
Will a warrant also be issued for the victim for an aggravated stalking charge?
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answered on Sep 26, 2024
No, with a "no contact order," the victim is not under any legal order of the court. So, when a defendant is under a "no contact" order, even if the victim approaches them or contacts them, it is still that defendant's duty to avoid the contact or face consequences from the... View More
After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More
answered on Sep 25, 2024
No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More
I filed for a protection order that is in place. Since then I have not felt safe with my surroundings. I have been messaged to have tabs kept on me. I see online defamation of my name and I am being called many things untrue. I only have ever created and provided safe space for myself and kids. My... View More
answered on Sep 22, 2024
You will have to gather the funds to hire an attorney, if you cannot obtain legal aide. As for the legitimation action, the court will decide what, if anything to award the father in that case, and you will have the opportunity to provide evidence and testimony to the court regarding what you... View More
My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More
answered on Sep 20, 2024
The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View More
Also, if they start hanging out together again what could happen? Could both be in trouble or just the one with the RO? Can they go together to get the RO removed?
answered on Sep 10, 2024
In all states, the person who the order subjects to restrictions must abide by the order until the order is changed or dismissed by a Court. The petitioner has NO RIGHT or ability to amend, suspend, cancel or dismiss a Court Order, only Courts can do that.
The change in circumstance is... View More
My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More
answered on Sep 9, 2024
By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More
My boyfriend got out on bond for domestic charges.i never pressed charges and asked if they can not instate a no contact order. They instated one anyways and I don’t want to wait a month to be able to see a judge at his next court date. States attorney never reached out or talked to me yet.
answered on Sep 9, 2024
You are not a party to the litigation and therefore you have no ability to file anything to change that process. You may talk to the State's Attorney to ask or to his lawyer to ask, as one of them would have to file a motion. Of course, you would want to know when the motion is heard so you... View More
This was a year ago and the person got 5 years probation a fine and of course no contact with the other person. The lawyer did ask this person if they could please nolo but they said no because they didn't know that you could do it after they had before but that's been 30 years ago.
answered on Sep 8, 2024
You need to get a second opinion from a local criminal lawyer as generally you can move to amend or clarify sentences on a motion, but no guarantees. Failure to use all your remedies is an appellate issue and can be ineffective assistance of counsel, but there is a lot of strategy at play the... View More
Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims... View More
answered on Sep 8, 2024
Act fast and try to nip this one in the bud!
Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against... View More
That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.
answered on Sep 15, 2024
The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More
attorney with multiple videos of her coming up and hitting me unprovoked and being the aggressor every time and I’m still being punished. It seems like he’s helping the DA instead of me. What can I do? I also have multiple witnesses who are ready to testify against her and he’s basically... View More
answered on Sep 7, 2024
If your court-appointed attorney isn't giving you a defense you're comfortable with, then you're absolutely free to hire a private criminal defense attorney. No attorney-- appointed or private-- will be able to guarantee any particular outcome. That said, because you get to choose... View More
The original attorney of the opposing party died. The opposing party told the court that they could not get the original records with her death and her office having shuttered. Access to these records are critical. What are my options?
answered on Sep 13, 2024
It could depend on tech-savvy the office was and what arrangements the attorney may have made for back-up records. If the records only existed in original paper form, and they're gone, it could be difficult. When you say "original" attorney, does that suggest a succeeding attorney?... View More
I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More
answered on Sep 6, 2024
If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More
The us married a us citizen but then gets a warrant for not going to court to now he’s got a removal date what can I do
answered on Sep 5, 2024
Your spouse faces an uphill removal proceedings battle:
1. He was deemed removable prior based on his criminal conviction of domestic battery
2. He re entered the United States which constituted another criminal infraction based on his procedural history,
3. While in the... View More
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answered on Sep 4, 2024
If you got arrested, that means the police believe you committed a crime. While I'm not sure what you mean by "initiator", any other party involved in this incident would be considered a victim and/or a witness. The victim or witness would not be in trouble for anything. Of course,... View More
Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1
answered on Aug 30, 2024
2 for 1 on county time is 100% up to the sheriff, and they can basically do what they want within reason as Glenn said. Most counties follow the general rule and WILL NOT commit themselves to anything in writing so they can retain flexibility.
That being said, a good lawyer can ensure... View More
Will I get the 2 for 1 days at the county jail that offers this aminety. How do I make sure I am getting thr 2 for 1
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answered on Aug 29, 2024
There is no statewide or statutory role that people get two for one credit at a local jail. What does that happens is entirely up to the sheriff's department. You can always call the jail and ask them what their policy is, but it is unlikely that they will commit themselves by telling you... View More
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