So I'm 16 and my mom has a vary abusive boyfriend (not physically) and he just threatened to and I quote "ring his little neck. " (my brothers 18 and hes 31) is it possible to get him out of the house for good?
No. You cannot tell him to stay out, but you could certainly apply for a harassment restraining order or order for protection if one is warranted. That would be your best avenue to keep him out of the home.
Order states, "Mother is free to contact her children by phone and social media" visitation is "contingent on child's desire to attend". 3rd party custodian tells the Judge my children "have no desire to attend". 3rd Party Custodian is daughter of our abuser, and... Read more »
Only the prosecuting attorney can file a criminal charge in court. The exception is that police officers can tab charge misdemeanors and petty misdemeanors, subject to later review by the prosecuting attorney. Neither you nor a private attorney can file a criminal charge in court. You can make...Read more »
The neighbor yells threatens and swears at me often. He is upset that I did not plow his driveway this winter. ( yea he is a little not so normal ). I have had to call the cops. They want me to get a restraining order against him. If I do so can I also stop him from using an easement that runs... Read more »
In Minnesota, the court may grant a Petition for a Harassment Restraining Order on an ex parte, temporary basis (or might not). If it does, the Ex Parte HRO would need to be served on the Respondent. Then the Respondent would be subject to the Ex Parte HRO but would have the right to request a...Read more »
The best way would be to hire a criminal defense lawyer to help with it. As for which motion, a motion to withdraw a plea could work. Then, at the hearing ask the prosecutor and judge for help getting it changed. In the end, the Court Administrator will need to correct the court's record....Read more »
The charge is Disorderly Conduct, dropped from a DV that he shouldn’t have been charged with in the first place. No prior offenses. No criminal record. Stable job for 15 years. Happily married with 2 kids.
A Probation Officer does not have authority to change the written terms of judge's explicit, written conditions of probation. But from a practical perspective, judges rely heavily on probation officers and give them a lot of discretion. A defendant have trouble with a probation officer is...Read more »
It depends on all of the other evidence, but in all likelihood they will not dismiss the charges and the matter will go to trial. The jury will then have to make a decision about whether they believe your testimony or the statement that you gave the night of the incident.
The question is unclear. What happens to false charges? Or what happens to a person who makes a false allegation? Much will depend upon the full picture of all the circumstances. A happy or sad ending is possible for either. Caution is warranted. Beyond that that maybe a phone call would...Read more »
He did have a rule 20 done and they are committing him to a mental hospital, and I believe having our daughter and I in his life would help him. He's currently in jail facing charges that are false and made up.
As far as trying to get the Judge to drop the no contact conditions and DANCO, with consistent effort you may be able to accomplish that. For a longer discussion of how, you may be interested in reading my blog article: How to Get Rid of a Domestic Abuse No Contact Order in Minnesota...Read more »
Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.
It's possible. Generally the prosecutor can request an arrest warrant go interstate. Generally they do in felony cases, and they can in misdemeanor cases. Probably the key issue for them is cost. If a fugitive is caught outside the home-state of the court with the criminal case, the other...Read more »
Was asleep and she woke me up, she was mad, next thing i knew the police were there and i was taken to jail. We have a child together, and i love her children from a previous marriage like they're my own. She has been asking for a divorce for about a year and is now seeing another man, she... Read more »
I don't what relevance the prior alcohol conviction would have relative to the domestic assault allegation. Domestic Assault allegations are notoriously hard to prove especially if there aren't signs of physical injury. Especially given that she had motive to make up the allegations....Read more »
I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default
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 »
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