My boyfriend hit me
In most jurisdictions, no. It is up to the State/local prosecutor to decide if a charge is pursued against an individual, even if the victim does not want to pursue any type of charges.
The incident he has epilepsy pdd and adhd no one knows how to fill his meds there is a no contact order with the victim
You will need to have an attorney file a motion to modify bond conditions to allow contact. It would help if your son supported the effort.
It was in Michigan. I was 16 and he was 24 when it started. It continued for 2 years. He would make me feel guilty for not wanting to have sex and would threaten to cheat on me if I didn’t do things. When he cheated, held a gun to his head and begged me to shoot him when he told me. I tried to... Read more »
Hopefully you have removed yourself from this situation. It sounds like your ex suffers some mental illness. Even if so, it doesn't excuse that treatment.
What your question does not indicate is whether you two were legally married. By the ages, I'm assuming not. There may be... Read more »
You can't. Prosecutors make charging decisions, and are the only ones who can dismiss charges. In domestic violence cases, most prosecutors are reluctant to just dismiss charges based on the your wishes. At the least, I suspect they will wait until a scheduled hearing to put on the record that... Read more »
Can I ask for a new investigation because after speaking with several specialists they don’t understand why the child’s word and the defendants history wasn’t enough evidence
Short answer is no. CPS is like the police; when you call the police, they come out and do an investigation. Sometimes they arrest people, sometimes they give a warning, sometimes they find nothing. The point is that once you call CPS, what and how they do their investigation is up to them - you do... Read more »
I got into a fight with my boyfriend yesterday and things got violent. I was upset and fearful for my life so I went to the police. Today I am in a very different mindset and do not want to proceed any further with the charges. I do not want him spending any more time in jail than the current time... Read more »
Once you involve the police, what happens from there is largely out of your hands. Depending on the facts of the case, the prosecutor and detective may put pressure on you to testify...or they may do as the detective indicated and drop the case.
Although not a part of your question, those... Read more »
He is totally against any therapy and I can no longer explain his behavior to our children
This cannot happen against his will unless someone petitions for guardianship or for his involuntary commitment, or if criminal charges occur that result in treatment being a part of his probation terms.
Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?
Sue who?
Today at work, I work at Spectrum Juvenile Justice Services and a resident threw urine on me. The resident had already been acting out throughout the week and the punishment for that is he couldn’t come out his room. So during the day someone had to sit at his door to monitor him. That’s what I... Read more »
You can't sue your job for that. Unfortunately Mental Health workers face assault and abuse but there is little that can be done. If you have a union speak with them.
Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown). My mother called the police. By the time the police arrived the fight was well over and I was given a domestic violence charge. No one is dropping charges and everyone hopes for it to be expunged. I... Read more »
The best advice is to hire a lawyer. I know that sounds self-serving and you're looking a way out of this, but a decent, experienced criminal lawyer will be able to help. Lawyers deal with these charges all the time, they understand what prosecutors need to consider how to deal with these... Read more »
With My dad not being there so she called the police by the time they got there the fight was well over and I was given a domestic violence charge no one is dropping charges and everyone hopes for it to be expunged I have arraignment court in a week and wonder how I should handle all this
I, for one, am unwilling to spend the time figuring out what is asked when the inquirer was unwilling to write in separate sentences and expects the lawyer to decipher the run on sentence
I took a plea deal for domestic violence in a case i was innocent of, my court appointed attorney advised me to because my ex wife and her friend would make up any story they could to get me in trouble, can I appeal it?
If you plead guilty, you can have a lawyer file an Application for Leave to Appeal with a higher court (if the request is made timely). The higher court will look at the Application for Leave to Appeal, and decide on the Application alone whether or not the Court will hear the appeal. In most... Read more »
If you are the victim of ANY crime you should contact the police and make a report.
If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the... Read more »
Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.
Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.
I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?
The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that... Read more »
After the fight, her mother filed a police report against me and they said the other young lady had a knot on her head. Can I possibly go to jail? I am 17 and a Junior in high school.
If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.
DO NOT plead guilty at your arraignment without speaking to an attorney who has told you that your situation is one of a very few where doing so makes sense.
By pleading guilty at the arraignment, you will be doing so without the benefit of a plea offer. The judge could sentence you to up... Read more »
My daughter told the school that my husband hit me. He has never been violent, but we do argue. CPS was called, and came to my home to do an interview. No police were involved, and no report was made on the night of the alleged incident. I have no marks on me. I told the CPS worker that I feel 100%... Read more »
Anyone can make a complaint to the police, but a police officer's job is to initially determine whether probable cause exists to believe that someone is subject to arrest for a crime. Under the facts you indicate, it doesn't sound like the police could do very much here. IF CPS did... Read more »
I pressed charges on my ex last weekend for domestic violence, can I get a lawyer to represent me in this?
Yes. In Michigan there is essentially a no tolerance stance when the police are called to a domestic violence incident and more often than not someone is going to jail and getting charged. Depending on your story and what outcome you wish to have would make it necessary for you to hire a... Read more »
I dont think they are safe with him, i have a ppo against him, but the terms of custody are set up loosely and he was released from jail, went to their school, pulled them out of class early and snuck them out while i was waiting in line to pick them up.
No one knows how to help me get... Read more »
Sounds like you did the right thing to get a PPO. Now, you should talk with a local attorney to see about an ex parte order regarding custody and parenting time.
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