Get free answers to your Domestic Violence legal questions from lawyers in your area.
answered on Jul 23, 2017
Yes, the case can be reported to the DA, but I'd do this with guidance and oversight from a public defender or private criminal defense lawyer. This is because LATE reporting is always suspected as being false or retaliatory. Plus, if you received public funding for medical treatment, lying... View More
A friend of mine has full custody of his children. His ex constantly calls the Department of Family and Children Services and the police and makes claims that the children are being physically and sexually assaulted. The ex has not visited the children for more than 6 months but calls the two... View More
answered on Jul 23, 2017
It sounds like a crime, and possibly is a crime. Various statutes control such harassing behavior, even if it is being done to another party. If you have a criminal defense lawyer, ask him or her about whether the attorney will assist you in presenting this set of facts to the District Attorney for... View More
answered on Jun 26, 2017
Once the state has initiated charges, the victim has no absolute right to drop the charges, as they are not the victim's to drop. Any dismissal must be issued by the prosecutor at that point.
Even though the husband does not want a restraining order.
answered on Jun 11, 2017
If the Husband does not want the protective order, the Court will not order the party to stay away from the Husband. He will need to file the order to obtain a protective order against the other woman on his own behalf, unless he is not mentally capable of filing on his own.
answered on Jun 1, 2017
Proving parental alienation can be complex. You should consult with an experienced family law attorney to discuss the specifics of your case.
I can't afford a lawyer at this time.
answered on May 25, 2017
Not sure what your questions is, but if you cannot afford a lawyer and you want to get divorced you are out of luck. There are no free lawyers just like there are no free doctors, free meals or free cars. If you need a lawyer, save money, get a loan, sell items, or do whatever it takes to hire a... View More
I want to modify a tpo so my wife can see my kids but I want it to where she cant have anyone around them. certain people. she is around meth dealers and users and lives with a meth dealer and user, what do I do to ensure she cant have my kids around anyone
answered on May 24, 2017
You can request that the court only order supervised visitation that can either be supervised by you, an agency or someone that you approve of.
i want it dropped against my soon to be ex wife but i dont want the drug addicts around my children how do i drop it and add the stipulations
answered on May 21, 2017
You cannot drop a TPO and then add any stipulations. Any stipulations have to be contained within a court order. If you dismiss the case, no stipulations will exist. If you have filed for divorce, you can ask the divorce judge to enter a parenting plan that has the stipulations you want, but you... View More
answered on Apr 23, 2017
Forever, for DUI. It may be possible, depending on the terms of the domestic violence case disposition, that it may be subject to record restriction, but from your description, it is not possible to assess this. It would depend on the exact manner the case was resolved.
Suggest you see a... View More
I am the respondent of a stalking 12-month protective order. My wife is the stepchild and my brother-in-law is the stepchild of the petitioner. Does that mean I cannot see my wife and brother-in-law?
answered on Mar 31, 2017
The protective order names the protected parties. If the relatives are not named as protected parties, then the restraining order does not apply to them.
answered on Mar 29, 2017
No, common law marriage was abolished in Georgia in 1997.
my fiance hit me out of anger and his mother wants to press charges, can she when I dont want to press charges? I am just curious. She didnt see it though.
answered on Feb 25, 2017
Yes, anybody is allowed to report a crime that they witnessed. It is not OK for your fiance to hit you. Ever. There may be some domestic violence programs in your area to help you get counseling and assistance with this.
What steps can i take from here what are my options. I want nothing to do with this person she took the tpo on me out of spite. I recorded last nights indecente. I even asked her to leave and she wouldnt she just kept talking.
answered on Feb 22, 2017
You can't do anything. You are in violation of the order by speaking to her. If she comes to your house again, call the police and say that you have a TPO and you don't want to get in trouble by her being there.
For many years my father has verbally abused my mother and I and would threaten to drop any financial support for school, healthcare, etc. Is it wrong to be verbally abused and threatened?
answered on Feb 21, 2017
Of course it is wrong. If she is being abused, she needs to call the police and / or file for divorce.
answered on Jan 29, 2017
If the divorce is uncontested, you can set the child support amount. However, some judges require parties with children to go before the judge to get the divorce. You will need a child support worksheet, child support addendum, decree, complaint, Acknowledgement, parenting plan, settlement... View More
If my husband is abusive with me and has a simple battery charge and an aggravated assault charge and he will not sign the papers how can i get a divorce please help
answered on Dec 19, 2016
If you cannot afford an attorney, call the county bar association in your county to see if there are local pro bono referrals.
If you don't qualify for a pro bono attorney, there may be county specific divorce forms you can complete so you can start the process. You don't need... View More
What is the difference between mental cruelty and no-fault regarding grounds for divorce, how they affect settlement?
answered on Nov 7, 2016
While it's not a good thing, it's not abuse. 99% of divorces are granted on a no fault ground, so it's often a waste of time to file on other grounds like mental cruelty. I almost never state a ground other than a no fault ground, because all judges just grant the divorce on that basis.
I have been attending a family violence classes even if there was not any violence involve.
answered on Oct 21, 2016
It is possible that a TPO could prevent your son from living with you. When there is a finding of family violence, there is a higher standard that has to be met in order for the judge to overlook that and to honor the child's election.
answered on Oct 23, 2015
If you fail to show up at the hearing, the judge will probably believe your wife, rule that you abused her, and issue an order of protection. Talk to an attorney.
answered on Jun 21, 2013
If the order is against your ex, he is the only person who can violate the order. You cannot violate the order because it does not prevent you from contacting him.
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