Get free answers to your Domestic Violence legal questions from lawyers in your area.
Dropped ,If he wants to drop the no contact order
answered on Aug 4, 2017
A NCO is issued by the judge and remains until the judge terminates it. As far as the case goes your baby daddy is a witness and where the case goes from here is mostly up to the prosecutor. You should contact an attorney to fully discuss all the details and your options.
answered on Jul 10, 2017
Once you got the police involved, the prosecutor was also likely to be involved. It is not your call whether charges are dismissed. That is entirely up to the prosecutor. If you DO make a statement, you may want to retain an attorney first. Depending on circumstances, you could be facing perjury... View More
I made a visit to my brother and grandmother and she threatened me the first time because my nephew was their. I have rarely and even so never really talk to her. Now she has used a different account from a friend of hers, on facebook after i blocked, to message and tell me to kill myself. I dont... View More
answered on May 20, 2017
It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of... View More
His last trial is at the end of the month. To be honest, I haven't been personally served a subpoena so I haven't been showing up to the hearings. Is there anyway to get the no contact order removed before the end of the trial without me having to show up to the trial and testify?
answered on May 12, 2017
No contact orders normally remain in place until a case is concluded. Unless the prosecutor is agreeable and the judge is willing, what you want is unlikely to occur, and almost certainly not without you appearing in court and testifying.
Once you get police and the prosecutor involved in... View More
His mother is terrorizing me doing horrible, unthinkable, unethical and dishonest things (got my daughter's SSI $ with non-legal, non-valid Guardianship form ($518 per mo). I just got "Co-Guardianship"--she reduced my parenting time by over 75% by manipulating interpretation of... View More
answered on Mar 15, 2017
No, you can only sue the killer. However, chances are neither she nor her son have money, so you'd spend a lot of time for no result. Not to mention spending money. Do what you are doing to change the custody agreement.
Illegally evicted and they r holding my belongings and my animals not allowing me to have them
answered on Mar 12, 2017
I cannot comment on whether or not the restraining order that is in place is 'false.' If your former landlord has gotten a restraining order against you and you believe it is false you need to hire a criminal defense attorney to dispute it.
How were you illegally evicted? Did... View More
answered on Mar 7, 2017
Only the prosecutor can file or drop charges. The alleged victim would have to ask the prosecutor to dismiss the charges, but cannot require it.
They lock me up Tuesday because my girlfriend made a report Sunday. But they never issue a warrant I just ran into them then I had to talk to a detective I told I want a lawyer still lock me up out on bond I just hired my lawyer today!
answered on Feb 23, 2017
If you were arrested you can expect charges to be filed. Since you talked to a detective before getting counsel, you already made one mistake. Discuss your options with your attorney and follow his/her advice!
My fiancé has attempted to drop charges against me an took classes to have the NCO removed the prosecutor has agreed to drop it but the judge will not it has been in place for a few months now with no violations since I have received a plea for all felony domestic charges be dropped to one... View More
answered on Jan 24, 2017
The NCO can be terminated at any point during these proceedings. If the petitioning party requests it be terminated, by plea agreement, but the judge has to sign off on it and must have a good record as to why it is being done.
I am a 19 yr old female with no previous record this is my first offence last friday i was arrested for a class A misdemeanor battery charge for a fight with a female who ive recently had issues with .. Silly drama but i lost my temper when i saw her and blacked out and started hitting her she did... View More
answered on Jan 15, 2017
Based on what you are saying it's hard to speculate any situation. Would depend on victim input, your criminal history, you pleading without an attorney, hiring am attorney to meet with the prosecutor's about your case. In all actuality you could face up to one year in jail and a 5000... View More
Need advice on how to make sure protection order remains. My nose is broke because she hit me and has mental issues she Won't get help for and she's 39 years old.
answered on Dec 24, 2016
If she asks for a hearing and is granted one, you should receive notice. Attend the hearing and testify. The judge will decide whether to grant her motion.
The adult is his grandfather(he doesn't have custody of my friend)
The grandfather has been threatening to sue and beat them for years.
My friend has some recorded evidence of his grandfathers behavior.
My friend is 15 years old
answered on Oct 1, 2016
In Indiana, battery does not require injury. A shoving can be charged as battery. If a delinquency petition is filed against your friend, he is entitled to legal counsel to assist in his defense.
Which due to the prosecution, and not the defense, has been slowly dragged along in the court system now for nearly 2yrs. He has had 3 arraignments now on said charge and given a plea deal for up to 3yrs when I thought the max was 2 1/2. He's refused all pleas. Also, he was given a polygraph... View More
answered on Sep 17, 2016
Does your friend have a lawyer? Taking a polygraph is something I would never have a client do. Any competent criminal lawyer could answer all of these questions based on the particulars of that case. If your friend does not have a lawyer, he should retain one immediately!
step son 16yrs old mother /step father 46
answered on Sep 11, 2016
Call the police and have him detained, then file delinquency petition through the prosecutor.
I was assulted by my bf..and I'm wondering or debating whether to press charges...it's day 2 right now and I haven't talked to the police... what is the longest I can wait..
answered on Sep 11, 2016
Two years is the statute of limitations for a misdemeanor. Keep in mind that once you contact the police, the prosecutor will decide whether to file charges. Once charges are filed, you have no right to have them dismissed---the prosecutor has complete discretion.
answered on Feb 14, 2013
The question is not whether your roommate can have a gun in the house, the question is can you be in a house with a gun located on the premises?
You will need to look at your DV Order and see if you are Brady disqualified or not and/or for how long.
answered on Jul 1, 2011
a law enforcement office can have authority to carry out/enforce a court order, such as a protective order. it depends on the situation.
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.