Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
My kid was visiting her grandmother and my brother was there also. I don't want my kids around him period but he was there without my knowledge. My mother doesn't seem to be bothered by this but she also never had a problem hitting or screaming at me as a child either. I was in an abusive... View More
answered on Jun 20, 2023
You could certainly contact law enforcement. You could apply for an OFP against your brother on behalf of your child. You could choose to keep your child away from your mother and brother. You have a multitude of options here. You just need to decide how you want to approach this situation.
I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been... View More
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answered on Jun 18, 2023
I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson.
If you believe that the medical examiner's office has sent you a partial police report... View More
answered on Jun 8, 2023
No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More
Person w/DANCO was arrested and charged two weeks prior in a different county..is it legal for the police to let person w/DANCO go and arrest protected party on false claims of abuse? Protected party was found not guilty also as this was drug out in court
answered on Jun 7, 2023
The police can arrest if they have what in their view is probable cause (a much lower standard of proof than what is needed for conviction). If the person subject to the protective order filed a false report that may be a crime but the decision as to whether to charge belongs to the prosecutor.... View More
the legal father of my daughter got a domestic assault charge for beating up his now ex-girlfriend in november, he made me believe she was lying but she recently showed me the evidence and i’m now concerned for my child’s safety as there was an incident where all of her teeth became intruded... View More
answered on Jun 3, 2023
For imminent help call here. Domestic Violence Crisis Line (866) 223-1111. Moving forward consider call one of us. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional... View More
I want to live with reconcile relationship with defendant...and he is not guilty of charges state put on him and I am hoping he is willing to seek counseling so I could be ok with just modified DANCO to allow peaceful contact
answered on May 24, 2023
There is no form or petition for this. A DANCO can only be lifted by a judge.
If you wish to have the DANCO lifted or modified, I would start by reaching out to the victim's advocate assigned to the defendant's case. In almost all domestic violence cases, there is a... View More
This isn't the first incident either. The other time the police didn't believe me either. The guy that assaulted me has a lengthy record of assault and he's a convicted felon. He's also a professional boxer. I have bumps and bruises all over I have photo proof also.
answered on May 23, 2023
Fighting charges successfully almost always requires hiring a skilled criminal lawyer. You need to also be able to provide witnesses and documentary evidence that supports your version of the truth. WIthout that you will have to rely on the cross examination of the prosecution witnesses and you... View More
We were married. Assaults happened as well, but I had already failed at getting a DVRO because the only time I was allowed to see a doctor after an assault was too long ago. All I had proof of was 1,000+ texts and break ins. I was under the impression all restraining orders take the right away, but... View More
answered on Apr 3, 2023
A HRO typically would not affect someone's firearms rights. A HRO does not have the same effect as an OFP in that regard.
The prosecution office to put in her request to have it dismissed as they have small children and she wishes to work on the marriage?
answered on Mar 13, 2023
Asking someone to give you "odds" on the likelihood that a DANCO will be dismissed/cancelled in these circumstances is unrealistic. That depends on a number of factors such as where the offense occurred; whether there is any prior criminal history; what the exact allegations in this case... View More
My ex-fiance has a long history of making false accusations out of spite. Her whole family knows I am being falsely accused and they want to testify on my behalf. I told my public defender that they want to speak with him, but he said he is not allowed to talk to the victim's family because it... View More
answered on Mar 9, 2023
Your attorney is allowed to speak with the alleged victim's family. The alleged victim's family does not have to speak with your attorney, but the prosecutor prevent them from doing so if they wish to. The same goes for any other potential witness with pertinent information; the... View More
The police report says a weapon was used, there was not. I lied. What would the outcome be of that? There is a danco in place but we have children and my wife is caretaker to our kids while I work. I need her to come home. It was a drunken argument and it got out of hand so fast. What is my best... View More
answered on Feb 14, 2023
No one on this website can give you "odds" that the case is going to be dismissed. We don't have access to the police reports and the other evidence in the case. But you don't have "veto" power over the case. The fact that you want the case dismissed is important,... View More
Can the court order a relationship between two people to end? I was involved in a domestic assault call at my house where my spouse was arrested and charged. I did not wish for a no contact order to be put in place. The terms are "no unwanted contact" meaning I can rescind my invitation... View More
answered on Jan 7, 2023
Yes, you can rescind a no-contact order if both parties consent to future contact. To drop it, would need to go back to the court that issued the no-contact order and file a motion to dismiss the order. The motion should include an explanation about why you want to drop the restraining order.... View More
I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.
answered on Nov 7, 2022
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... View More
answered on Nov 3, 2022
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... View More
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