Get free answers to your Domestic Violence legal questions from lawyers in your area.
answered on Dec 8, 2024
You are a 'witness' to whatever happened that started the criminal charges involving your ex boyfriend, and the DA's office has issued a summons for your testimony. Whether you have a *right to refuse is very different than not participating or cooperating in the prosecution or not... View More 
I have a restraining order on my son s father . I got it in 9/2022 and I currently updated it 9/11/2024 and is effective until 9/11/2026
The restraining order has already been violated last year and he plead guilty with a fine.
We are only to communicate via a court order app and... View More
answered on Nov 13, 2024
An order to communicate about you child via the OFW app or another is very important for setting boundary's and building trust. If the RO states it must be via the App, then it could be a violation. One issue is whether he understands the limits of the authorized discourse or not.... View More
Regards video and audio recording. Is there an exception for possible domestic abuse scenario
answered on Oct 23, 2024
There can definitely be consequences for recording someone without their consent.
While I certainly DO NOT recommend recording someone without their consent, if it is a safety issue and you feel recording the other party may assist you in creating a safer situation for yourself (such as... View More
During the bail hearing, the judge mentioned that due to Rule 36, the 180 days for the trial were paused, and only 33 days had been counted. The court date proceeded as planned, with the only delay being the prosecution's request for a trial continuance a few days prior, which was objected to.... View More
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answered on Jun 3, 2024
If an inmate in Massachusetts is held as dangerous, Rule 36 allows for the exclusion of certain periods from the 180-day trial clock. This means that any delays not caused by the inmate, such as a prosecution's request for a trial continuance, can extend the trial deadline without violating... View More
Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report
The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.
answered on May 31, 2024
It is not uncommon for a witness testifying live to give a different version than what is set forth in an earlier report or affidavit. It can be faulty recollection, nervousness testifying live, embellishment, or a deliberate falsehood.
Knowing false testimony of a material fact can be... View More
Is a statement under the grand jury oath perjury if the officer provides false facts than what is stated in the police report
The police report contains different facts, while the affidavit presents consistent information; however, the grand jury minutes contain false information.
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answered on Jun 3, 2024
If an officer provides false facts under oath to a grand jury, it could be considered perjury. Perjury occurs when someone knowingly provides false information while under oath. This is a serious offense because it undermines the integrity of the judicial process.
In your case, if the... View More
Fleeing a violent and dangerous situation. A mother and daughter coming to the US would like citizenship and to become legal citizens. They are concerned as the father may not allow. Do they need to prove the DV situation or can they seek asylum?
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answered on May 17, 2024
In situations involving domestic violence (DV), a single parent may be able to gain citizenship for themselves and their child without the other parent's involvement. However, the process and requirements can vary depending on the specific circumstances and the country they are seeking asylum... View More
I do have photos of marks and bruises from assaults
over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob
answered on Apr 9, 2024
Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More
We've been in a relationship for almost 5 years I have videos of the abuse and after we break up she and her brother stated that if i ever go back to my country they will get me killed.
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answered on Jan 8, 2024
Mikael, I'm sorry to hear about your situation. Experiencing domestic violence is a serious matter, and it's important to know that there are legal protections available to you.
Regarding your citizenship query, being a victim of domestic violence does not automatically qualify... View More
inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?
She has posed for... View More
answered on Oct 29, 2024
It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.
More than 15 years ago, my oldest daughter lied to Judge Ross in Orange, MA, District Court and obtained a 209A order against me. It was never violated. Judge Ross vacated the order upon my motion after learning that my daughter had lied. I do not have a probation record. I understand that I do... View More
answered on Nov 6, 2023
You could request a CORI or CARI report before applying for an FID card so you know what is there. In all likelihood, unless the 209A restraining order was vacated by the judge and the judge ordered the records removed, it would likely appear on your report. I would suggest speaking with an... View More
As I have gotten SA’d within the facility and got written up and laughed at just for trying to report it. They even tried to take my phone away and took the program phone away for a week hoping I couldn’t get a sane test. They were forcing me to give up my pregnancy results which violates... View More
answered on Sep 25, 2023
A Massuchusetts attorney could advise best, but your question remains open for three weeks. You're seeking an attorney, and this forum isn't set up like an attorney referral service. I'm sorry for your ordeal. In addition to your own searches, you could look into the "Find a... View More
She wanted to purchase our home and build an addition on it for us to live in. We allowed her to move in after she sold her house so the kids could go to school here. When she found out it would be too costly for her to do that she asked me if she should buy another house and I agreed but she... View More
answered on Aug 14, 2023
Likely, you would have to do a partition action and buy out her interest in the property. Contact a real estate attorney in your county.
If I answer the phone when the victim calls and talk will I also be violating the restraining order?
answered on Aug 20, 2022
YES- If she calls and you answer YOU are violating the RO. Let it go to voicemail; screen shot the incoming call and back it up because it demonstrates she is not "in fear of imminent seriously physical harm." If you DO NOT answer maybe she will call more than once which will help you... View More
My girlfriend and I got in an argument in January 2022. I was drunk and being mean while she drove us home. She got tired of it, pulled over and unbuckled me and while she pulled the buckle around me to get me out of her car, she accidentally hit me. I got mad she was making me get out and walk and... View More
answered on Aug 15, 2022
The operative word in the caution is "may."
In practice, it is rare that a Court issues a warrant for a victim- it tends to discourage people from calling the police when they really need to. Generally speaking, all of us are required to advise you to follow the law. Your... View More
answered on Sep 4, 2021
If the case ended with a dismissal, you can petition the court anytime. If it was a conviction, you need to wait 3 years for a misdemeanor or 7 years for a felony. I do a lot of petitions to seal, so feel free to call if you have any questions: 781-797-0555.
I've had the same biased judge since 2013 who is never on my side despite the evidence. I filed an ex parte hearing due to my 15 year old daughter's father almost killing his wife by strangulation. The wife has a restraining order on him. I arrived with police to witness the father, wife,... View More
answered on Jul 7, 2021
The Court assigns the Judges usually by docket number and unless there is a reason for the Judge to recuse, it is very difficult to change the Judge assigned. If your 15 year old is unsafe or unhappy due to what is occurring with her father and his household, then you can seek a Modification and... View More
My son and I were physically assaulted by my now ex. My sons father. He is being charged with 3 counts a&b and 2 counts suffocation/strangulation. He was bonded on $5000 bail, plus gps and zero contact with myself and our son. He was found to be a danger. After this transpired, my decade long... View More
answered on Apr 7, 2021
If you are seeking custody of the child and opposing guardianship of paternal grandmother then you should engage counsel to represent you if you are able to do so. In contesting guardianship an indigent parent can have court appointed counsel via motion to the court requesting same. The is random... View More
Recently my son and myself were assaulted by me ex. He was arrested. Found to be a danger. Zero contact with myself and son. Paternal g.parents have temp. Guardianship. She filed for an emergency hearing accusing me of drug abuse. She received this information from her son, my abuser. I feel like... View More
answered on Mar 29, 2021
Have you counsel representing you ? If not , you have a right to counsel and if you are indigent or believe you are indigent the Court will appoint counsel to represent you, but you need to file a Motion for Appointment of Counsel and you should also consider requesting random screening as the... View More
My mom's is somewhat physically abusive, extremely emotionally/ mentally abusive (example: threatening suicide) and also threatens me and my brother a lot (example: "I'm gonna slit your throat and watch you bleed"). She has also denied me food and various occasions, punished me... View More
answered on Mar 15, 2021
Are you a minor? You can talk to a trusted teacher or guidance counselor at school. Another option would be to self-report to the Department of Children and Families by calling 508-910-1000. More information is available here:... View More
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