You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement...Read more »
A Domestic Abuse No Contact Order ("DANCO") is a protective order issues by a judge in a criminal court file. As a result, any change prior to its expiration would have to be made by a judge. A "protected person" can ask the prosecutor to support ending or changing the terms...Read more »
I live with my grandmother as a caretaker. Over the years my uncle and his wife have caused her significant abuse. He's robbed her of money he owes her, taken her property, stolen from her, broken into her home, damaged her home, and has tried to force her off her life estate. They show up at... Read more »
Violation of a Harassment Restraining Order is a crime and he will likely be charged if the evidence is sufficient to establish probable cause. You've done what you can. Continue reporting violations to law enforcement.
A subpoena is a court order which requires you to appear for testimony. A warrant could be issued if you fail to appear in court if subpoenaed. You could be held in contempt if you show up and refuse to testify. You should consult with an attorney if either of these is a possibility.
My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car... Read more »
Assuming a lawful stop of an Uber driver, can police lawfully ask a passenger for identification information? Generally, yes - unless the detention was unreasonably prolonged or intensified. Can the passenger refuse to provide that information? Generally yes. However, in my experience at least...Read more »
Depending on the age of the child, it would be difficult to prove that the parent "forced" the child to lie to law enforcement. This would a very fact specific situation and oftentimes there are two very different perspectives to what occurred in a situation. Additionally, private...Read more »
She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »
I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »
I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.
Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under...Read more »
Person A would likely be charged with 2nd Degree Assault, which is a felony. Person B doesn't "press" charges. The allegations get reported to law enforcement, law enforcement investigates, and the county attorney makes a charging decision.
Defendant has an active misdemeanor warrant and is currently being held on a hold in another county. The issuing county has not responded for 48 hours. What do I do to either have him transferred to the issuing county or released with a citation?
Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.
To my understanding everything she said in the ofp... Read more »
The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.
My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »
The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a...Read more »
You can certainly send something in writing. A copy would need to go to the prosecutor and the defense attorney. In that letter you would simply ask for the DANCO to be cancelled and explain why you are asking for that to occur.
It's been about a year and a half sents the incident he has done DPT and finished his probation he don't have to report anymore I keep asking the victim advocate what more do they want but keep dragon it on
You should contact the court directly to request that the DANCO be cancelled. The judge is the ultimate authority of whether the DANCO remains in the place. You could also have the counselor write a letter in support of having the DANCO cancelled.
Thank you!! I have had no interaction that provoked it besides me shaking my head. He is attempting to ban me from a hospital when I did not initiate any encounter with him, and he stormed up to me demanding the I know who he is and I better not mess around with a man like him, I have no idea what... Read more »
Yes, they can force you to testify via a subpoena. A warrant can be issued if you do not show up to testify. It is impossible for anyone on here to answer intelligently whether the case would be dropped if you fail to show or don't testify. The prosecutor makes that decision and the...Read more »
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