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.

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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

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

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

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

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

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

A HRO typically would not affect someone's firearms rights. A HRO does not have the same effect as an OFP in that regard.

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

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

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

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

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

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

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.

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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.

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... View 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... View More

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.