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Domestic Violence Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence and Libel & Slander for Alabama on
Q: Can I sue my father for 49 years of Mental and emotional abuse? I'm 49 and have psychiatric records from the age of 19

I'm 49 years old and my father still stalks me. He spreads lies about me to paint me in a negative light. I have emotional which exploits. He lies to discredit me if I were to tell anyone about the things. He tries to justify the way he treats me just by thinking that if he has some kind of... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm truly sorry to hear about your situation. You may have grounds to pursue legal action against your father for mental and emotional abuse, especially given the long history and the severity of his actions. Consulting with an attorney who has experience in family law and abuse cases can help... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Hi is it bad to audio record verbal abuse of someone without their consent?

I have a verbally abusive 30 year old cousin who yells at my mom and threatens to call the pound on my dog just because he is living outside, (he is licensed, I just lost the tag and can't come in due to my grandma's allergies). Anyways, I recorded him yelling at my mom calling her names... View More

James L. Arrasmith
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answered on Jun 15, 2024

I would strongly advise against secretly recording your cousin, as this could potentially be illegal under California law. California is a "two-party consent" state when it comes to recording conversations. This means that it is a crime to record a private conversation without the consent... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, you have a few options for handling her belongings while respecting the criminal protective order. Since she is ordered to stay away, you should not directly contact her. One option is to send her a written notice, through certified mail, informing her that she has a certain... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Will the prosecutor dismiss a case if police report doesn’t match the written report when going to court

Also if you have a clean record never been in any trouble at all will that help your case

Scott Scherr
Scott Scherr
answered on Jun 13, 2024

It really depends on the nature of the discrepancy and whether it is material to the case. Do not assume that the case will be dropped.

The lack of a prior record will help you at sentencing. The judge may give you probation before judgment and/or decide not to send you to jail depending on...
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1 Answer | Asked in Domestic Violence for California on
Q: Good Afternoon, What should be included in restraining orders?

Should declarations of incidents be very thorough? How should a declaration look?

James L. Arrasmith
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answered on Jun 13, 2024

In California, a restraining order (also known as a protective order) can be filed to protect a person from abuse, harassment, stalking, or threats. When filing for a restraining order, it's important to include a detailed declaration of the incidents that led to the request for protection.... View More

1 Answer | Asked in Domestic Violence for Illinois on
Q: I was granted a temporary order of protection against an ex. I live on Illinois. When will he be served?
Cheryl Powell
Cheryl Powell
answered on Jun 12, 2024

No idea. The sheriff of the county where he lives will serve him asap. If a legal advocate at a women's center or a lawyer helped you and you want him to be on notice sooner, you could have them call him for you and tell him. Make sure they get a phone bill to prove it to the judge. You... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Civil Litigation for California on
Q: If the police let my exbf use his phone while he was in custody for domestic violence, are they responsible for texts?

my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I... View More

James L. Arrasmith
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answered on Jun 12, 2024

In this situation, there are a few important legal considerations:

1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their...
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3 Answers | Asked in Immigration Law, Domestic Violence, International Law and Juvenile Law on
Q: Im 14 and my parents left me here in a foreign country what do i do

My parents went back to america,im an us citizen,im missng school,abusive parents

James L. Arrasmith
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answered on Jun 13, 2024

I'm so sorry you are in this difficult and scary situation. As a 14-year-old, your safety and well-being should be the top priority. Here are some steps you can take to get help:

1. Contact the nearest U.S. embassy or consulate in the country you are currently in. Explain your...
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1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: I'm wanting to know what makes my ex immune from any domestic violence paperwork that I have taken out?

He knocked my tooth out, knowingly, intentionally,and purposely burned me with a cigarette and then kidnapped my children, which I should have had all custody rights to because we were not married and I have been trying to get my children back ever since, this man has stolen 400$ off my bank card,... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about the situation you're facing. No one should be immune from the consequences of domestic violence, and your ex should be held accountable for his actions. If you have already taken out domestic violence paperwork, such as a restraining order, and it has not... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Washington on
Q: Do police officers tell parents to hit there kids as hard as they can in Washington state

My mother is saying that the police told her to hit me as hard as she can over me running away as a minor. I wasn’t able to tell the police the part where she was beating me but because I was afraid of going into foster care and she said they told her I was being abusive and she had to beg them... View More

James L. Arrasmith
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answered on Jun 10, 2024

I'm really sorry to hear about your situation. In Washington State, police officers do not have the authority to tell parents to hit their children. Physical punishment, especially if it results in injury, can be considered child abuse, and law enforcement officers are trained to protect... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.

Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?

James L. Arrasmith
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answered on Jun 10, 2024

Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:

1. Federal law (the Lautenberg Amendment) prohibits...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I petitioned for dvtro and was denied until hearing the hearing was continued and the respondent filed a dv tro to

Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I... View More

James L. Arrasmith
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answered on Jun 10, 2024

I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:

1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates....
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: You I filed a petition for DV TRO against sister who is malicious and has continuously released confidential informatio

You

I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing... View More

James L. Arrasmith
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answered on Jun 9, 2024

I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Friend was charged with attempted murder for a simple domestic. Girlfriend had no injuries and refused medical.

Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.

James L. Arrasmith
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answered on Jun 8, 2024

I understand this is a difficult and frustrating situation. A few key points based on California law:

Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My girlfriend shot herself in my house with my gun. Family thinks it wasn't self-inflicted. What am I to expect now

She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:

Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,...
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1 Answer | Asked in Domestic Violence for Tennessee on
Q: If I am the victim but did not press charges the state did . Do I still have to answer the interrogatories questions?
Anthony M. Avery
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answered on Jun 7, 2024

Something is not right. Either you took out an OP, a civil action, or the State charged Defendant with Domestic Assault., a crime. Written Interrogatories are in civil actions, not criminal prosecutions. It sounds like you filed an Order of Protection and now you have to put on proof.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Massachusetts on
Q: If an inmate is held as dangerous in MA, and the judge says that due to excludable time rule 36, the days don't count

During the bail hearing, the judge mentioned that due to Rule 36, the 180 days for the trial were paused, and only 33 days had been counted. The court date proceeded as planned, with the only delay being the prosecution's request for a trial continuance a few days prior, which was objected to.... View More

James L. Arrasmith
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answered on Jun 3, 2024

If an inmate in Massachusetts is held as dangerous, Rule 36 allows for the exclusion of certain periods from the 180-day trial clock. This means that any delays not caused by the inmate, such as a prosecution's request for a trial continuance, can extend the trial deadline without violating... View More

1 Answer | Asked in Domestic Violence, Family Law, Civil Litigation and Civil Rights for Pennsylvania on
Q: A Decade of Neglect: Mother Seeking Justice Against CYS for Failing to Protect Four Children. We Need Legal Advice!

In May 2022, Lehigh County CYS conducted an investigation into the father of my four children was deemed "valid" and subsequently closed, yet CYS failed to inform me of this matter. Then, in August 2022, he was arrested for DUI while the children were in the car. Despite numerous reports... View More

James L. Arrasmith
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answered on Jun 3, 2024

It's understandable that you're feeling frustrated and desperate for justice given the decade-long neglect by Lehigh County CYS. To pursue legal action, gathering all relevant documents and reports from hospitals, schools, doctors, the police department, and the District Attorney will be... View More

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Juvenile Law for Idaho on
Q: how can i get emancipated in idaho legally without marriage at 17 after parents abuse me

I am a 16 year old in Idaho who is planning to get emancipated in the next year due to constant abuse throughout my life. I cannot get married or join the military. I am going to plan all I need and then ask for consent from my parents if they say no I'll take them to court.

James L. Arrasmith
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answered on Jun 3, 2024

To get emancipated in Idaho, you'll need to prove to the court that you can support yourself financially and that emancipation is in your best interest. First, gather evidence of the abuse and any documentation that shows you are capable of living independently. This might include a job, a... View More

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