I’m really sorry you’re facing this difficult situation. Since you’re concerned about your physical safety, it’s important to prioritize that above all else. If you decide to confront your husband, try not to do it alone—choose a public place, have a trusted person nearby, or even... View More

If the DIY remedies are not working, you need to consult with a LOCAL lawyer one who knows the lay of the land and the important people involved) regarding potential additional civil and criminal actions.

Facilitating with local law enforcement can be very effective, and in lieu of that... View More

Dear Fullerton Resident,

I am more than happy to provide guidance on your question regarding how to request the lifting or modification of a Criminal Protective Order (CPO) issued in your domestic violence case in California. As the protected party in this matter, I understand your desire... View More

Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More

Glenn T. Stern Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2025

Anyone convicted of a domestic violence charge is banned from owning or possessing a firearm as per the Federal statute 18 U.S.C. § 922(g) (aka"the Lautenberg Amendment.")

As long as you have that conviction, you're not going to be able to have one. There may be a long-shot... View More

Glenn is correct and there are limited pathways to re-obtaining your 2nd amendment rights after a DV conviction.

But its a moving target, for sure.

BEST option is to retain a local Cobb person (like me of many others) to try and amend/change/vacate/void the old conviction.... View More

Your current felony probation status in Sonoma County for domestic violence and DUI charges does impact your sentencing eligibility in your Lake County auto theft case, where you’re offered a two-year plea deal and prefer state prison over county jail. Under California Penal Code § 1203, if the... View More

You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.

Given what occurred, you "may" also be able... View More

Leonard R. Boyer Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

You can certainly press criminal charges against both parties. Whether or not you can obtain a restraining order against the grandmother requires more facts. You may be able to obtain a Temporary Restraining Order (TRO) on your own. Then if you get the TRO, you will need to retain an experienced... View More

It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More

A family law attorney with experience representing victims in domestic violence matters can represent you in obtaining a final restraining order and can make a request for attorney fees related to that hearing when your final restraining order is granted. There are also State victims resources that... View More

Since the other side has filed a domestic violence complaint against you as well the one you filed against him / her, your best option is finding an experienced family law attorney who has TRIAL EXPERIENCE representing people in domestic violence trials and who knows how to put together a trial... View More

It can be filed as either a felony or misdemeanor depending on the alleged facts. To know for certain you need to have an attorney review the actual charges. This can be part of the hiring process and you do need to hire an attorney to help with your case.

Do not discuss the case with... View More

You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More

The courts will have to determine jurisdiction. It sounds like you just recently moved, and the residence of the minor child would have been in Oklahoma prior to you leaving. Which then most likely, the fathers motion will be heard here, and the Nevada court will most likely transfer their case... View More

It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More

If you were the victim of emotional or physical spousal abuse, then you could file an independent petition for a green card under the violence against woman act. The success of an application would depend upon the unique facts of your case. If he was an alcoholic, and he was threatening to withhold... View More

I think you should speak to an attorney. It would benefit you to sit down and discuss what goals you are trying to achieve and then an attorney can determine the best way to achieve those goals. Because what you should or shouldn't file depends on what relief you are actually seeking through... View More

You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The... View More