Get free answers to your Domestic Violence legal questions from lawyers in your area.
I was charged with "possession of a weapon while committing a crime." - The neighbor's teenager said I tried to run over my fience'...NOT TRUE!
When the police arrived I was in my vehicle, they asked if I had any weapons after a moment I remembered that in the bottom of... View More 
answered on Nov 1, 2019
"Under ' "the wing span" ' limitation of Chimel, a search incident is limited to that area within the lunge, within the reach, within the grasp of the arrestee—the area 'which may fairly be deemed to be an extension of his person'—the area in which the... View More
answered on Oct 19, 2019
Both. He may have a defense to the theft, but I imagine the police are going to want to hear all about that from him. A part of TPO's is not doing anything to prevent the petitioner from leaving/traveling/etc. Appears to be a valid path to me.
Good Luck!
Josh
www.chancoschiffer.com
answered on Oct 18, 2019
Call the police as that is a clear violation of most standard TPO forms. If the Police will not help, a lawyer can assist by filing a contempt.
Act QUICKLY, and be safe!
Good Luck!
Josh
Me and my boyfriend have been together for over a year now and have a daughter together we recently got in a heated argument and things got out of hand and he ended up slapping me and some of the neighbors and kids outside saw and called the police I don’t want to press charges I believe we can... View More
answered on Oct 15, 2019
The State controls the charging decision, not the victim, so you can make your feelings known however you do not get to "choose" what the State does.
If you want to help him, get him a lawyer who can plan a defense using your cooperation that is efficient and effective.... View More
My 15 year old cousins mom filed a runaway report on September 26. We the family yet have to believe she had to do something with his disappearance but police wont do anything because she filed the report as a runaway..
answered on Oct 3, 2019
There is no set number of days. Whether law enforcement considers a person missing will depend on the specific facts of each case.
answered on Oct 2, 2019
Yes. Many lawyers work for both accused and putative victims. Please email me at Josh@csfirm.com and we can connect.
Sincerely,
Josh Schiffer
In need of some serious legal advice. Do you have a minute? My husband has a negative background over 20+ years ago. I believe the findings were terroristic threats, simple battery, carry concealed weapon w/o license and theft by taking. The job is with the dept of human services. We would like to... View More
I was in a very emotionally abusive and manipulating relationship with my ex for 4 years. I finally got out of the toxic cycle and I am happier than ever. However, he never stopped bothering me and sending me threats. From constant emails, texts, phone calls, bullying me on social media, he has... View More
answered on Sep 27, 2019
Thats crappy that a lawyer acted as a therapist before answering the pending question, but I get it. That lawyer probably wanted to help you the best way they knew how, and that is by showing you their experience.
In short, you can file an order against the person in their state. That CAN... View More
Substance found in me and my child's system at time of birth. A safety plan was put in effect but was revised without my knowledge. I havent been informed of the new plan which apparently I'm not part of. But they say nothing has been changed but his cousin now watches her. Also he is... View More
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answered on Sep 27, 2019
You need to consult with an attorney about your options. No one can give you specific advice about an ongoing case without hearing your story and reviewing the case file.
He busted a window at our home and was charged with criminal trespassing.
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answered on Sep 4, 2019
Yes, You can file for a Temporary Protective Order (TPO) in the county where you live.
This person has been texting me on Facebook messenger for several weeks. I have asked them to leave me alone and it has not stopped. This person is also reaching out to my spouse with the intentions on creating havoc in our household. She calls his job, text his phone, and also reaching out to... View More
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answered on Aug 28, 2019
You can block people on facebook. If your husband feels he is being stalked, he can apply for a protective order.
answered on Aug 26, 2019
It's difficult to provide advice not knowing the details of your case, but if you have been served a subpoena and you don't show up you could be found to be in contempt. You may want to consult with an attorney who can review the facts of your case in detail and provide you with guidance.... View More
The order includes the child and gives the mother full custody.
answered on Aug 26, 2019
Yes, a legitimation petition can still be filed and depending on the circumstances of the protective order, can still be granted. You should speak with an attorney as soon as possible to determine your options for having the protective order modified as it relates to contact with the child.
She was brought in unconscious by her husband and he said she slipped in the tub and hit her head. She was in a coma for about 6 hours or so due to trauma to her head .The injuries to her head and bruising to her body is inconsistent with the story the hospital said. She said he didn't do it... View More
answered on Aug 21, 2019
The hospital acted as they are legally required to. Most jurisdictions have laws and regulations that require nurses and doctors to either investigate when they are suspicious of domestic violence and/or call the police. Usually, as soon as they suspect their may have been some/any domestic abuse... View More
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answered on Aug 15, 2019
It can.
19-13-1. "Family violence" defined
As used in this article, the term "family violence" means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents... View More
So my wife and i had an argument and she pushed me. It caused a bruise on my arm. I probably hit the wall. 911 was called and they came. She was not home. I was angry and said exaggerating things. I didnt want her to get arrested and plead them not to but they filed battery domestic violence and... View More
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answered on Jul 1, 2019
You can't drop the charges, only the state can.
My wife’s ex husband tried to force his way into my home so I pushed him enough to get him out of the house. He has filed a pre-warrant for simple assault. I have a witness that is a minor and three police officers told us that I had every right to defend my home and that the aggressor could not... View More
answered on Jun 11, 2019
The court has set a hearing to determine whether there is probable cause to issue an arrest warrant. You will need to attend the hearing, and I would suggest hiring an attorney for the hearing.
For more info visit my website at www.LevinLawyerGa.com
answered on May 28, 2019
It really depends on the law enforcement officer who it is reported to whether they use their discretion to charge an individual with interference with custody. Whenever there is a violation of the custody order, you have the option of pursuing a civil contempt in court. Generally, criminal... View More
The man and I got in a fight over him getting mad that I was late picking him up in his car. The man had pushed me down and tried to tackle me, in result I tried to get away and took his protein shake stuff opened it and threw it at him. It got all over his apartment. This resulted in us ending up... View More
answered on May 14, 2019
You most definitely need an attorney to defend you. You risk losing a lot if you lose at trial and/or go without an attorney to represent your interest.
answered on Apr 30, 2019
Retrieval of your items should have been addressed in the TPO action. If she is still withholding your items and they were not dealt with in the TPO, you can file a civil action against her for recovery. If the Temporary Protective Order provided that you are to be permitted to retrieve your items... View More
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