Get free answers to your Domestic Violence legal questions from lawyers in your area.
After court proceedings were over I noticed that the DANCO ordered that I can not trespass to my own home. This was not brought up in court. I have a disabled child that needs to be home and court is still weeks away. I called everywhere with no answers. The pub def said she’d work on it but has... View More 
answered on Sep 25, 2024
No, you cannot just show up to court and talk to the judge. There is a process that this would need to go through to modify the DANCO to allow you to go home. Modification would require a formal motion that would be served on the prosecutor and might also require an actual court hearing. Until... View More
1) My wife was physically & emotionally abusive with me for several years—especially from Spring ‘20 until she walked out in Nov. ‘22. Her abuse caused damage to a hip I had replaced in ‘19 & has left me dealing with the joys of complex PTSD. I was a scared, emotional wreck &... View More
answered on Aug 9, 2024
Unfortunately, it seems you are in a very difficult position. I apologize, but I am not sure what guidance can be given on a free online Q and A. Trying to set aside the default judgment may be an option if it wasn’t that long ago. If she left you in '22, an OFP seems untimely, unless the... View More
I am self-representing because I can't get a lawyer and it is not a criminal matter so not entitled to one. Can I submit a motion requesting the court to appoint me a lawyer since he is pushing this to trial? What steps do I need to take to create/submit a motion? Dakota County MN for court... View More
answered on Jul 4, 2024
In most civil cases, you do not have the right to a court-appointed attorney. This includes dissolution (divorce), custody/parenting time, and child support cases. In these cases you have the option to hire a private attorney. Some organizations use a sliding scale to charge for legal services... View More
CFD is through my ex-bfs brother. I wrote it up, because family and didn't anticipate this. I know that was stupid. I got an OFP against the abusive ex in April, so since he can't be here anymore, they've been trying to evict me ever since. And, refuse to buy me out. I'm not... View More
answered on Jun 24, 2024
I admit I do not have experience with your specific situation; and research and analysis are required. I did, however, want to comment. You ex's abuse (if proven) isn't necessary a breach of contract. Your investment in the property doesn't necessarily mean you are entitled to any... View More
I am currently facing five pending felony charges that have arisen from false accusations by my husband's ex-wife in a custody battle. She has a history of making unfounded claims, including allegations of harassment and stalking, which are untrue. The children involved have expressed missing... View More
answered on May 2, 2024
A lawyer cannot give legal advice about a plea agreement vs. trial, without being the attorney of record, after thorough review and time spent with the known facts, discovery from the prosecution and other facts and evidence; as well as research into laws that could relate to those. As a general... View More
My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More
answered on Dec 23, 2023
You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More
This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.
I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More
answered on Nov 27, 2023
Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More
This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.
I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More
answered on Nov 27, 2023
It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More
She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More
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answered on Nov 23, 2023
In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.
The... View More
Hello! I have a J2 visa - my husband kicked me out of the house. He is a narcissist, he was a psychological terror for almost 2 years, I am sure he cheated on me too. I work and I am fine. But I would like to know what I can do to stay here legally and disassociate myself from him.
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answered on Sep 18, 2024
I'm sorry to hear about your situation. If you're on a J2 visa, your legal status is tied to your husband's J1 visa. However, you may have options to remain in the U.S. independently. You could consider applying for a change of status, such as an adjustment to a work visa or student... View More
Talk to her she lied to get the hro on me saying I followed her and her child .but she has not had her son for 5 years she took and sold every thing in my home and I don't know what to do
answered on Aug 21, 2024
Your ex what? Wife? Girlfriend? Why can't you just block her? How did she take and sell everything in your home? So many questions. An attorney may evaluate your situation if you are planning on hiring one.
I was granted a harassment order against my soon to be ex spouse for the years of keeping me basically prisoner in my home, psychological abuse, emotional abuse, I am on disability and he refused to allow me to keep up my medical care, and more. The trial for the divorce has ended and the... View More
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answered on Jul 28, 2024
Proving domestic abuse without police reports can be challenging but not impossible. You can start by gathering any available evidence, such as text messages, emails, or voicemails that show abusive behavior. Medical records that indicate injuries or psychological harm can also support your claims.... View More
Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim
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answered on Oct 23, 2023
If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More
Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit
answered on Oct 12, 2023
Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More
I have an ofp on my ex and have had it renewed, if u will 3 times over the last almost 5 years. He has been violated on this ofp. He recently bought a house on my road and is even closer to my home then before. Just out of the 1000ft ordered range. He drives by all hours of the night and is... View More
answered on Oct 4, 2023
No. a court cannot turn an OPF into a DANCO. A DANCO (Domestic Abuse No Contact Order) is based on a statute that allows a court to issue such an Order in a criminal case. So if a person is a defendant in a criminal case involving "domestic abuse" then the judge could issue a DANCO... View More
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answered on Sep 14, 2023
Document your reasons for the change and work closely with your attorney to draft an explanatory statement. Submit this to the relevant authorities, knowing that legal repercussions, such as false reporting charges, are possible. Be prepared for challenges to your credibility in court and cooperate... View More
In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”
Can I be in the same... View More
answered on Sep 5, 2023
Is there a limitation as to how many feet away? if not the Order is somewhat vague and may not be giving clear guidance to a police officer who may be called to enforce the Order. I recommend that you contact a local attorney who practices criminal and family law, perhaps have the Order modified... View More
Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More
answered on Aug 29, 2023
An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More
Do I not have a right to bring all witnesses forward and to continue to prove that what my sister said is not true? Additionally, my sister never said I should not talk to her. Is that not necessary prior to obtaining a restraining order? My sister owes me money from my fathers estate and now I... View More
answered on Aug 9, 2023
The judge should've taken a break and allowed your witnesses to finish their testimony at a later time. It is not necessary that your sister have "warned you" prior to pursuing a restraining order. She can move straight to getting a restraining order and then the judge has to make... View More
The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim
answered on Aug 3, 2023
Yes, the state will likely charge the abuser. Every day in every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day.... View More
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