Get free answers to your Domestic Violence legal questions from lawyers in your area.
It's a second degree assult case where my boyfriend and I were fighting police got involved and he got arrested the judge told him he wasn't allowed to contact me but I have contacted him can he get arrested if we get back together since I contacted him not vise versa
answered on May 17, 2022
Yes, he is violating a condition of his release on bond by having contact wth you. It does not matter that you are the one who initiated the contact. Of course, the police likely have no way to know about any contact, until the two of you get into another fight and police are called again, and... View More 
My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has... View More
answered on Apr 21, 2022
If bail is denied, a defendant can file for a writ of habeas corpus asking in the Circuit Court that he be released until trial. If it is granted, he would be released from jail until the trial date.
My lawyer is saying the state's attorney is reducing my charges. He is saying I do not have to go to my preliminary hearing now. He said the State’s attorney’s office said we should not go – which is the usual course of action when there is a reduction. I just wanted to make sure this is... View More
answered on Jan 13, 2022
You were not scheduled for a preliminary trial. You were scheduling for a preliminary hearing to determine if probable cause existed to charge you with a felony, presumably 1st degree assault. The State evidently determined that insufficient evidence existed for the felony count and the formal... View More
Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney
answered on Dec 25, 2021
Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.
Police but no charges..the officer called my PO and told her I was in contact with victim.. so my question is is this a technical since it was a condition on my probation also will the victim be at my hearing he only made a complaint he did not press any charges
answered on Nov 1, 2021
It's not a "technical" violation, like failing to pay a monthly supervision fee, but a violation of a special term of probation. Whether the PO will be able to prove the violation without the victim present to testify is another matter. Repeating hearsay phone calls from a... View More
We have many assets . 3 businesses.a classic car collection. Ect. He's failed to put in discovery
My atty has asked for 2nd motion for sanctions
What's this mean
answered on Sep 23, 2021
Ask your lawyer. This is what you are paying for: legal advice and counseling.
I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... View More
answered on Sep 9, 2021
If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the... View More
How can I get out of it I’m the victim
answered on Sep 3, 2021
If you are married to the defendant, you can assert your spousal privilege not to testify against your souse. It must be asserted in person at court, and you must tell the prosecutor of your intentions, and they will have you state in open court before the judge that you are asserting the... View More
The defendant lives in one county and the offense was committed in a different county.
answered on Aug 4, 2021
No, the prosecution must take place in the jurisdiction where the crime was committed, unless a change of venue is granted because pretrial publicity prevents the empanelment of a fair jury, or for some other compelling reason.
Will the state spend money on a jury trial for this type of case? Is it worth it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2021
The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a... View More
The video has no time stamp to prove where it happened, date or time and there are witnesses saying that the accused is guilty because they seen the person at the said time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2021
That seems like a remarkably strong case. Eyewitness testimony from multiple sources placing an individual at a scene- presumably where they are not supposed to be- corroborated by video evidence.
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... View More
answered on Mar 1, 2021
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... View More
answered on Dec 19, 2020
You need to be served, one way or another. The judge can extend the interim PO until you are served, postponing the final hearing. If you are deemed to be actively evading service, a judge may make that determination and order service by alternative means and issue a final order, but that... View More
I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).
If... View More
answered on Sep 18, 2020
It will hide the entire record from public view. Once the final is denied, the temp and interim do not matter. They are expired. If you believe that you have reason to contest, then yes.
If I need to contact Adult Protective Services for someone in an abusive adult guardianship situation, should I be contacting them in the state the person is living in or in the state of jurisdiction for the guardianship?
answered on Aug 30, 2020
To be safe, I think you should contact both. There is no penalty for doing so. Especially if you believe that this person is being abused in some way.
Regain his job as a police officer and wants me to recant my statement. If I do recant my statement what can happen?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2020
Potential criminal charges in this situation would involve giving a false statement to a police officer, obstruction of justice and perhaps perjury depending on the context.
Hello I was just served a restraining order that is completely false and I was kicked from my home is it possible to get it overturned and the other person removed from the home ?
answered on Aug 8, 2020
It is unclear based on the facts whether you can have the person removed from the home. However, to get a protective order dismissed against you, you will have to gather evidence and present both tangible (if available) and testimonial evidence of what happened at the protective order hearing. I do... View More
My spouse/ abuser filed a restraining order before I had a chance to
answered on Aug 4, 2020
There will be a protective order hearing where the person who filed will have to present their case and the person accused will have an opportunity to defend him/herself.
My boyfriend got charged with second degree assault I don’t want to press charges nor do I want to go court for this case how can I get it dismissed I reached out to the prosecutor but I haven’t been able to reach her yet so what I can do fast efficient to get it thrown out
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2020
It's completely out of your control. The people of the state of Maryland through the office of the state's attorney are prosecuting the case. The decision whether or not to proceed with the case is within the sole discretion of the prosecutor, not the victim. You can certainly make your... View More
Protective order was violated in May but it expires in August
answered on Jun 7, 2020
The date of your trial is irrelevant. If you violated the terms of the protection order during the time it was in effect, you can be charged and found guilty whenever the trial is held.
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.
