Get free answers to your Domestic Violence legal questions from lawyers in your area.
I have a temporary restraining order for now but no one seen any video or heard the audio so when we go to court I'm gonna have them for the judge to see would the judge be able to then press charges because at the time of the incident no police were called.
answered on Jul 31, 2021
The best thing to do in this position is to have the hearing (if an option, have a stenographer take down the transcript) and then you take the results of the hearing to the police and ask them to press charges. While SOME judges will direct refer from a TPO/TRO, most want the petitioner to handle... View More 
It was labeled domestic violence just for trespassing back in 1998 or 1997
answered on Jul 28, 2021
You need to address the underlying conviction and have it changed. The good thing is that this problem is common enough that it is often pretty easy, but it all depends on the facts and the position of the State since it is a consensual change in your record and it is easiest with the State's... View More
He is a convicted felon. He has a prior conviction of battery or domestic violence. What should I expect? He is in custody in Alpharetta, GA.
answered on Jul 27, 2021
Big time gonna need a lawyer. Is he still in the Alpharetta annex or did they transfer him to the Rice Street Jail? He is going to likely get a bond but the Poss of Firearm by Conv Felon is arguably worse than the new Terroristic Threats. Much stiffer penalty.
My direct email is... View More
I had a 9 month relationship with a woman who is engaged to be married. Out of nowhere she broke it off, changed her number and blocked me. I sent a ridiculous amount of emails to try and get her to respond. Cusses her out, threatened to tell her boss she uses illicit drugs in which she does. In an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2021
You don't appear to have a basis for filing one. She hasn't harassed you. If you want closure, just don't have any contact with her.
My adult child is suffering from the parental alienation at the hands of he and Third party alienators. I am mother.
answered on May 19, 2021
No. I am unaware of a cause of action that would allow you to sue for this.
After he asked judge for continuance he asked if the judge could order us to go to counseling? Why would he do all this if he wanted to go to counseling? I've been through and completed counseling/therapy several times and it is not just me that is the problem no matter how many times they... View More
answered on May 19, 2021
I’d be happy to answer your question, but I’m not sure what it is. Maybe you would benefit from re-writing it and being more specific to what your question is.
He said he wanted to continue it and then asked the judge if he could order us all to go to counseling? I wouldn't have a problem with it at all but the TPO would still stay and I wouldn't get to go to work & coach my girls? I work 4 my dad for 31 yrs! I feel like this was done to get... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2021
You need to speak to an attorney to get specific advice about a case in progress. This forum is best for general questions.
I have been calling to get advice and to get representation from a lawyer and no one is available with this short of time? I work with my dad coaching gymnastics and haven't been able to coach my kids since the 3rd of May? My Team parents have been calling and texting as well as the kids and I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2021
I’m so sorry to hear about your situation. What county is your case in? You may have to ask for a continuance. I’m happy to discuss the situation with you and see if we can assist at the hearing on Monday.
The abuse is gritt teeth and raises his hand hitting the door / wall, she is isolated from her bedroom to a closet with no door and camera, no phone and no laptop. She is told to be obedient and accused of being delinquent and spoiled brat.. when she breaks he rewards her. She came forward with... View More
answered on Apr 19, 2021
A guardian Ad Litem and family lawyer will be able to assist you in presenting the truth to the court, and then the court can mandate better care and safety for you both. The behavior you describe is textbook abuse, and is indefensible. It is harmful to the child in the long run and you have... View More
She is in my full custody and visitation with her father. He is verbally abusive and he grits his teeth and hits the wall near her body.. he then isolates her from her phone, computer, and puts her in a closet with no Windows and a camera. She is threatened by false accusations of unruly juvenile... View More
answered on Apr 19, 2021
I advise you to retain a family lawyer with criminal experience, as the behavior you describe is indefensible as well as harmful to the child. A Guardian Ad Litem will be able to establish the reality your child faces and will be an independent witness for the court.
He has had a previous DV arrest in the past. If i tell him i am leaving the home with my child before i file a divorce - what can i do to make sure he does not retaliate - if he is verbally abusive not physically. I have proof of his past arrest though his record was expunged. Also proof he made a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2021
Wow! There is quite a bit going on. You may be able to get a protective order if you believe he is a threat to you but the court usually looks for recent acts, in addition to past acts of violence. So it would depend on how far out the last instances of abuse were. The protective order would have... View More
answered on Mar 12, 2021
Unfortunately, you have not provided near enough information or context for us to provide a specific response. Generally, a child is a child until the age of 18. Until the child reached the age of eighteen OR is otherwise emancipated, he or she should be living with the parents or another person... View More
DFAC stated they are spoiled and there isn't anything they could do they need to go home. These girls are freefall, stressed and emotionally damaged and the parents will not allow them to live with the grandparents who will make sure they focus on school and treated correctly.
answered on Mar 10, 2021
Considering DFAC is involved they should know the details of the case. If they felt there was no abuse going on then that is what is going to likely stand. At their age, they could go speak to their school counselor and see what suggestions he/she may have. Perhaps the family can get some... View More
this has been going on for years, he has been physical 2, the 2nd time she took the blaim an went to jail but she want file charges....
answered on Mar 8, 2021
He can certainly report a crime to the police. Whether they act on it is up to the officers. Most jurisdictions take domestic violence seriously and chronic cases especially so.
answered on Mar 2, 2021
Its hard to sort out the exact charges because of the abbreviations however all misdemeanors are punishable by up to 12 months, each. And they can run consecutively
Battery, Simply Battery (both FV and not FV) are all misdemeanors, often pled in the alternative so if one sticks the... View More
It’s a second domestic battery charge. He wants me to recant and or tell them I just made it up and it’s not true. DCF is involved. Which is a whole different monster. Can my kids be taken away if I we recant or tell them I lied? Or what consequences could I face? They have photos and statements.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2021
If domestic violence occurred, recanting will not help. DFCS might see this as you unwilling to protect your children from an abusive household. It sounds like the abuse occurred and you ist don't want him to get into trouble for it. However, you need to worry about your safety and your... View More
if the 17 year old is living with the parents and was arrested for family violence will there be a protection order put up when he goes to court
answered on Feb 6, 2021
If charged with battery/family violence in Georgia, the offender will likely have bond conditions that will state that the offender shall have no contact with the victim.
If the victim wants a domestic violence protective order (called a TPO), the victim will have to file a separate case... View More
answered on Jan 26, 2021
Depends on some factors, but either 4 or 7 years, or forever. Its gets kind of complicated. call a local lawyer and ask for a consultation. Talk with them about the issues you are concerned with and they can guide you. The State also has some solid ways to go around SOL issues at times.
The question relates to my arrest after I had placed a call to 911 requesting police to respond to a domestic violence assault against me. The other party was also arrested charged and ultimately plead guilty but I was arrested and accused of charging at the other party. But in reality I was pulled... View More
answered on Dec 30, 2020
Felony obstruction is a serious charge. Unlike the misdemeanor variety, the felony obstruction indicates that you did violence or offered to do violence to the officer.... You should definitely consult "directly" with an attorney and not try to resolve this on your own.
Officers... View More
My ex husband accused me of breaking his window. He called my brother in law and threatened to kill me cause his window was broken. My sister overheard as well. I'm not allowed on his property so I would not go over to his residence.
answered on Dec 29, 2020
You need to contact the authorities if you are the victim of a crime, and that appears to be the case here. The threats are important to record in advance of any potential future legal issues between y'all, and it could be useful in presenting to a judge later on.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
