The interference with a 911 call is a gross misdemeanor offense. He will need an attorney on that and likely will need an attorney to handle the immigration issue as well. He should not handle these on his own.
The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »
You do not have the option of dropping the charges. That is a decision to be made by the prosecutor. You certainly can contact the prosecutor and explain how you stretched the story. That prosecutor will ultimately make the decision about whether they are going to move forward with prosecuting...Read more »
My step father abused me continuously through my childhood, the worst time being when he strangled me with his hands. I had blocked a lot of these instances out, but now that I'm realizing the gravity of the situation I'm wondering if I can still press charges? Side note: he is a pastor so I feel a... Read more »
There are statutes of limitations that might apply in terms of your step-father facing criminal charges so it depends on low long ago these events occurred. There are certainly other avenues to pursue other than criminal charges especially if you are concerned about the safety of parishioners at...Read more »
It generally means that was convenient for the authority holding the person, nothing more. Sometimes it can negatively affect the defense attorneys access to the defendant, if the distance is substantially more.
It depends on the misdemeanor it was dropped to. If it was a disorderly conduct, you might have some chance of possessing a firearm. If it was a misdemeanor domestic, you are subject to a lifetime ban under federal law.
A little more info: One day in late Sep 2017 my husband was very angry. He tried to break through the bedroom door that I locked and hid behind with my small dog. He threatened to rape me repeatedly, telling me that it was going to hurt. I was too afraid to call 911, but told him that I would call... Read more »
It is not necessarily too late to file a police report. The offense you are describing is called a Terroristic Threats. The question is whether a prosecutor's office would charge out the offense five months later. That is an entirely different proposition.
That would be difficult to prove. There are urine tests that can be used to determine if someone has previously consumed alcohol, even if they are not currently under the influence. The most common test is an ETG test. I am unaware whether these tests are available to general public or if they...Read more »
Ok so my ex and I got into a fight he went to jail and the judge said he has 6000 bail or ptr if he does the IDAP but the also included a domestic restraing order. Does this mean I can not talk to him or see him or does it only apply to him towards me ?
You can talk to him, but he cannot respond or talk to you. If he does that is a violation of his conditions of release and in all likelihood a new crime. I would avoid him until that restriction is lifted. It is fraught with danger and you run the risk of placing him in more trouble than he is...Read more »
Daughter has an ex-parte harassment order against soon to be ex-husband in Minnesota for which she goes to court tomorrow for the hearing. Husband is in jail right now for violating the temporary order on Saturday, a felony violation. Her mother-in-law showed up at her house (our house) today... Read more »
This is not a violation of the order unless the order prohibits the mother from contacting the soon-to-be ex-wife. Arguably, the soon-to-be ex-husband could be charged via third party contact. However, if he is in jail and the phone calls/visits are recorded, it should be clear whether he was...Read more »
An OFP was requested against my ex husband as there is a pending dom assault charge against my 13 year old daughter. He is requesting a hearing to contest, he has a lawyer and character witnesses. I have had a guardian ad litem visit my home to talk with daughter, CPS visited my daughter at... Read more »
You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is...Read more »
I'm not sure I understand the question. If the question is: "when a criminal charge in Minnesota is normally a misdemeanor but can be enhanced to a gross misdemeanor if there is a similar prior with a time period stated in the statute, does that time period start with the date of the incident or...Read more »
Generally, yes, you can get a restraining order or order for protection if there is physical abuse. If the court grants your request, no contact with your residence could be included. If there is physical assault or more than one incident of intrusive or unwanted acts that have a substantial...Read more »
I was upset when the officer took my statement and I blew alot out of proportion. We are a happy family with a one month old and a 3 year old . My neighbor was the one who called the police and told them he put fear in me but he didn't I am not scared of him in any way. He's a great man and I just... Read more »
The most effective way to overcome the stubborn refusal of prosecutors to dismiss a domestic assault charge is to retain a lawyer to represent the main prosecution witness (the victim of the prosecutor). This should be a criminal defense lawyer. Most will also represent witnesses in this...Read more »
You will need to petition for expungement. If your petition is successful, the records will be sealed, but not destroyed. The process is complicated so I suggest you work with an attorney familiar with these petitions.
I am being charged with a domestic assault where nobody was touched, and my wife didn't even want to press charges. The prosecution is using charges from when I was a juvenile as his case to show I'm a violent person. These charges were from 1998 when I was 16, I am now 34. The charges as a... Read more »
He didnt even respond to the restraining order and now we are in custoday case in another county he filled in the restraining order is for me and my children. The custody judge said she could over rule it can she? And she told him ti go to my county and get order dropped can he?
Trust me on this - if you are being abused, do it and don't look back. Get away from the abuser at whatever cost. Leave your stuff if behind if you have to, just get yourself out of there. Things will not get better by staying in the situation you are in. Lean on a family member or friend. If you...Read more »
my whole life went from very normal to now im not sure from day to day of my fate in 2013 my daughter said i choked her i never would harm anyone, for sure not my child. i pled guilty to as i understood to get order of protection dropped and to go home after 3 days in jail i have never been in any... Read more »
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