Get free answers to your Domestic Violence legal questions from lawyers in your area.
For the depositions can the charges be dropped at a Arthur hearing? Or sounding? Or does it have to be done at trial?
answered on Nov 8, 2021
In Florida, an Arthur hearing may be held to see if the defendant should be granted a discretionary bond. If a victim "doesn't show" for this, it doesn't mean the charges will be dropped.
A victim doesn't need to appear at sounding.
If a victim repeatedly... View More
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
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... View More
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.
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... View More
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... View More
answered on Oct 13, 2021
Generally speaking, it is legal. For instance, if a defendant kicks someone, walks away, and then comes back and punches the person, that is an an example of two different acts of battery, and two crimes. However, such a matter requires a very detailed factual analysis to determine if the defendant... View More
I’m from Ga living in FL and my mother has offered a safe place for my child to go seeing as how the mother of my child got arrested yesterday for violence against me and do not want to be risking it anymore around my child in the same house as well with our names on it. She is now bonded out and... View More
answered on Oct 9, 2021
I think you mean 'accused of kidnapping". She could accuse you, but it's extremely unlikely that anyone will take the accusation seriously.
answered on Oct 6, 2021
What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... View More
My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... View More
answered on Oct 6, 2021
As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... View More
7 years ago was in a dispute with family member. Nothing physical but petitioner lied and said I was.
Deputies saw those claims were unfounded but the emergency DVI was granted till court hearing.
I didn’t want this family member around me no more as they were very dangerous... View More
answered on Oct 1, 2021
You should look up the state law where you are seeking a carry permit, but in Florida and federally, the prohibition against carrying firearms and permits generally pertains to current/in place domestic violence injunctions as well as past convictions for crimes of domestic violence, which, per... View More
I want to separate for my safety and the safety of the child. If I do, do I lose the chance of getting my citizenship? The US Citizen spouse is abusive in many ways, I have police reports, pictures etc. I work for attorneys in Family Law, I am aware of how divorce and injunctions work. However, I... View More
answered on Sep 19, 2021
Your situation is very sensitive to dispatch with just one remote legal opinion without a case review and your direct participation. It requires a comprehensive legal case assessment either in person or remotely by Zoom with an experienced immigration attorney of your choice.
At that time... View More
My landlord is trying to evict me. Is there any domestic violence laws that protect me?
answered on Sep 9, 2021
No. You are responsible to the landlord for the rent. The landlord is not a party to your relationship, has no interest in your relationship, and the law does not require the landlord to purposefully suffer a financial loss because of your failed relationship.
Partners
answered on Aug 21, 2021
If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.
answered on Jul 31, 2021
Comply with the temporary injunction. Get an attorney.
This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... View More
answered on Jul 23, 2021
No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.
My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... View More
answered on Jul 13, 2021
Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.
She attacked me I have a black eye and my other eye is swollen and she tased me. She had no marks but she called police the next day. I went to jail for 1 day. I just got out. Can I file charges of my own
answered on May 25, 2021
Your question is confusing, was it your daughters or your sons? Anyway - you can try. It is up to the state whether charges are filed. Usually the first person to call the cops wins. Do you really want to file charges against your children? Get an attorney, have her call the prosecuting... View More
Putting up cameras in my house without my permission. Threatening that they dare anybody come out and say something as in violence. Scarring my minor child saying she is going to call DCF and take to take my youngest child. All in retaliation of my sisters husband who I have an injunction on for... View More
answered on May 5, 2021
There are requirements to obtain a Domestic Violence Injunction that include being the victim of violence or imminent fear of becoming the victim of domestic violence. If someone is letting someone into your residence that has an injunction against him, your remedy is to report the violation to... View More
Laws are strict in N.J. about relocating but I have support family a job here and nothing in N.J. he is demanding visitation court agreed to it. I do not trust him with my son or want him in his life at all he never was around or a parent when we were there. My son is happier with him not here.... View More
answered on Apr 15, 2021
Step one is to establish your residency in Florida. You will need to live here six months before you can take advantage of the Florida courts. Until then your fight is in NJ.
answered on Apr 13, 2021
An “Adjudication Withheld” on a felony, or on a misdemeanor crime of domestic violence, requires that three years has have elapsed since the completion of all sentencing provisions, including any probation or court fines.
My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... View More
answered on Mar 25, 2021
1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.
2. The second line of defense is to hire a very experienced trial... View More
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