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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: Can they press charges if they hit you first with a weapon

Me and my husband went to Mt sisters house. My husband and her boyfriend got into a verbal altercation. Her boyfriend then hit my husband with some weapon. My husband hit him back. I was keeping my sister back so she wouldn't get hit by them and she hit me. I popped her not hard and told her... Read more »

Joshua Schiffer
Joshua Schiffer answered on Nov 7, 2021

Odds are if the cops are made aware, they are going to investigate and determine if they should arrest anyone. Getting a lawyer involved out front assists in getting your version of the events presented properly and with the most impact.

I advise if arrests appear imminent that you hire...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Are probationary orders only enforceable if the defendant is on probation?

"Orders under Penal Code section 1203.097(a)(2) are probationary orders, and the court has jurisdiction as long as the defendant is on probation". Otherwise the court does not have jurisdiction? therefore the order is only enforceable whilst the defendant is on probation? I'm not the... Read more »

Dan Moseley
Dan Moseley answered on Nov 6, 2021

That's correct. However, some orders, such as Criminal Protective Restraining Orders can be independent of probation. They have a life, that is, a period of duration entirely their own as set by the court. Violating a CPRO is a separate offense, whether one is on probation or not.

1 Answer | Asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona on
Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... Read more »

Rich J. Peters
Rich J. Peters answered on Nov 6, 2021

So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending...
Read more »

2 Answers | Asked in Criminal Law, Constitutional Law and Domestic Violence for California on
Q: Definition of an unlawful arrest.

Search of the vehicle resulted in Several felonies.

Dan Moseley
Dan Moseley answered on Nov 5, 2021

An arrest can be unlawful for many reasons. Everything depends on the facts and circumstances of each particular arrest. In the law, black and white answers are rare.

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1 Answer | Asked in Domestic Violence for California on
Q: boyfriend arrested after a fight we had court issued restraining order recently he went to jail for violation of dvco

I love him and I think it's crucial to have my support I want the best for this man the fight started over money which I found days later in my car he is not a threat and is there anything I can do to be able to get charges dropped please help

Dale S. Gribow
Dale S. Gribow answered on Nov 3, 2021

much more info is needed.

this question should be presented to his lawyer who will have all the facts.

what you are asking is akin to asking a doctor if there is any way for your boyfriend with a medical condition to survive.............just because you have a doctor, doesn't...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: In the state of Florida is it a law that you have to press charges on your abuser with an open CPI Case?

They are trying to take not give me back my kids what type of lawyer do I need to hire to sue the are doing discrimination of me and my Rights

Michael  Mayoral
Michael Mayoral answered on Nov 3, 2021

It is not a Florida law that says that you must press charges, however, generally speaking, the Florida Department of Children and Families can remove a child from a home if they can show the home is dangerous for a child because of ongoing domestic violence. You should consult with a family law... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Louisiana on
Q: Can a defense attorney contact victim to drop protective order against his client, via text message or phone???
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 1, 2021

This is specific legal advice. If you are the victim, contact the DA. If you are the defendant, your attorney should tell you no.

1 Answer | Asked in Domestic Violence for Maryland on
Q: I violated my probation on a no contact it is one of the conditions for probation.. the victim made a complaint will the

Police but no charges..the officer called my PO and told her I was in contact with victim.. so my question is is this a technical since it was a condition on my probation also will the victim be at my hearing he only made a complaint he did not press any charges

Mark Oakley
Mark Oakley answered on Nov 1, 2021

It's not a "technical" violation, like failing to pay a monthly supervision fee, but a violation of a special term of probation. Whether the PO will be able to prove the violation without the victim present to testify is another matter. Repeating hearsay phone calls from a... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I get a warrant squashed in violation of a harassment restraining order that has been dismissed

Defendant has an active misdemeanor warrant and is currently being held on a hold in another county. The issuing county has not responded for 48 hours. What do I do to either have him transferred to the issuing county or released with a citation?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 30, 2021

The fact that the HRO was dismissed has zero effect on the validity of the warrant for violating the HRO.

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Do I need an attorney? I'm currently abused, assaulted by a person who has served prison Time for assaulting me

Im homeless. In 2018 I was assaulted by a man inside my tent and the police just happened to be outside my tent whilst I was inside being strangulated and punched in my face. The person who assaulted me was arrested literally seconds after he attacked me. He had been assaulting me on a regular... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2021

SINCE YOU ARE HOMELESS, I AM ASSUMING YOU CAN'T AFFORD A PRIVATE LAWYER. IF YOU WERE THE DEFENDANT, THE COURT WOULD APPOINT ONE FOR YOU.

MAYBE YOU CAN GO TO LEGAL AID AND REQUEST ASSISTANCE.

YOU CAN ALSO CONTACT THE DA'S OFFICE FOR ASSISTANCE (FOR VICTIMS OF DV)....
Read more »

1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: It can get removed from prison records?

I have some cases from the courts and etc. because I really need help. and I need a deaf lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2021

IF YOU CAN'T AFFORD A LAWYER, REQUEST ONE AT THE ARRAIGNMENT......AND ASK THE JUDGE FOR ONE WHO SIGNS??? OR AN ASSISTANT WHO DOES SO.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: What are some ways a person can prove they are innocent if another falsely accuses them of domestic violence?
Michael  Mayoral
Michael Mayoral answered on Oct 29, 2021

Legally speaking, you don't have to prove your innocence, the State has the burden of proving you are guilty beyond all reasonable doubt. However, useful evidence of innocence is, for example, witnesses to the incident who can testify on your behalf, text messages or any other evidence of the... Read more »

3 Answers | Asked in Family Law and Domestic Violence for Georgia on
Q: My fiancé(20) has a controlling family. His father and sister beat him, so I (20) came to GA from TN to pick him up.

A few days later, we find out that there is a warrant for his arrest in GA that we believe his parents called and reported him for. But he did nothing wrong. Now his mother is harassing us and threatening us.

Regina Irene Edwards
Regina Irene Edwards answered on Oct 28, 2021

You haven't asked a question, but if he has a warrant, then he needs to turn himself in. If the mother is harassing you, you can just block her from your phone to solve that problem.

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1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: How far back do they search a criminal background in Georgia on a misdemeanor in another state?
Joshua Schiffer
Joshua Schiffer answered on Oct 27, 2021

All depends on who is doing the searching. There are a lot of different "background searches" available on the market, and they each have different parameters.

The better questions are what is the search for and what form of search is being conducted.

1 Answer | Asked in Domestic Violence for Illinois on
Q: Do I need an attorney ? My ex is trying to get a restraining order on me a month after our breakup.

I have screen shots from Facebook of our conversations and when I told her I am done with the relationship and I am applying for college she got angry and is now trying to put a restraining order on me. My court date is the 28 of this month.

William Wolf
William Wolf answered on Oct 25, 2021

Yes. You need an attorney to represent you in court.

This is no joke. An order of protection can have serious consequences when it comes to your future.

Get one with experience defending against these orders right away.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If some one busted my lip and spit in my face and they have hiv what can I do?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2021

You can report them to the authorities and request that you assailant be criminally prosecuted. If you contract HIV, the charges would probably be much more serious.

And, again if you are infected, you would also cause to file a civil lawsuit.

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1 Answer | Asked in Domestic Violence for Illinois on
Q: My son's exgirlfreind is trying to put a restraining order on him. Should he contest it? Should I hire a lawyer for him?
William Wolf
William Wolf answered on Oct 24, 2021

Yes. He should have a lawyer who can explain all the consequences to him of either fighting the request for what I assume is a domestic violence order of protection or not contesting it.

There isn't enough information to answer your question about whether he should contest it. He...
Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New Jersey on
Q: Is a confession valid if my accuser coerced me into making it?

someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 23, 2021

The answer depends on many factors, but yes it may be able to be used against you. I suggest that you speak with a lawyer as we don't know all the details of your confession or case to properly advise you.

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1 Answer | Asked in Domestic Violence for Florida on
Q: My daughter was beaten and strangled with a leather belt by x boyfriend infront of her 2 sons all on video .

Now he has found away to flush her out from hiding for there life. he filed emergency sole custody and got it and had a pick up order for her children now police came to her safe house and arrested her with a charge of kidnapping her own children,took her boys and said they were going to cac but... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 22, 2021

Your daughter needs to go to a police station with the evidence you are talking about and report the crime. They should find probable cause to arrest him, eventually arrest him, and a stay away order will be entered to make it illegal for him to contact your daughter during the pendency of the... Read more »

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