Get free answers to your Domestic Violence legal questions from lawyers in your area.
was woken to girlfriend yelling throwing my stuff. jumped up and grabed the back of her neck to retrive my phone before she threw it. then right away went and got dressed to leave as she called police. what can i do?
answered on Feb 10, 2020
You need to get an attorney on board ASAP. Police will likely be investigating you for an allegation of domestic assault. This is a serious offense that you should not handle on your own. You should have representation prior to making any statement to law enforcement.
By bf and I have an ofp and also a danco. I have court this wed to ask to modify the ofp as I'm pregnant and want phone calls and for him to attend my Dr appts. Hes in treatment. If they grant the ofp modification does that go for the danco as well or do I have to do something else for the... View More 
answered on Jan 13, 2020
If there are multiple orders prohibiting contact they would all need to be modified in order for contact to be allowed. If only one is modified, the other would remain in effect and contact would be a violation.
My bf is being charged with 2nd deg assault w/dangerous weapon. I don't want to testify as I dont want him to go to jail. The issue was he was on drugs and now in a long term treatment program. I wanted him to get help for his issues. He is pleading not guilty and taking it to trial. If I get... View More
answered on Jan 13, 2020
You could be held in contempt and the judge could also issue a warrant for your arrest.
I’m being charged w/disorderly conduct as a result of my fiancée calling/lying to police during a bad argument. He told the officer that I hit him during this, when I did no such thing. In my struggle to get away from him (I was pinned up against a wall) the most I did was yell loudly for my... View More
answered on Jan 3, 2020
There is a chance to get the charged dismissed or keep it off of your record. The way to accomplish this is by hiring an experienced criminal defense attorney. An attorney can work to minimize or perhaps completely avoid any consequences for the allegations that have been made against you.
They want to terminate my parental rights because they say my home is unsafe for my children whom don’t live in the home only visits.
Rumors of domestic violence.
answered on Oct 23, 2019
No. A CHIPS case doesn’t carry potential jail time.
Trump administration quietly changes definition of "domestic violence" and "sexual assault"
answered on Sep 23, 2019
This is an incredibly broad question and impossible to answer absent more specificity.
Or health of the child. What is included in this? Is asking who is gonna pick up my daughter or where someone will meet me to get her something that would be allowed to be asked or could I be arrested for that?
Seems like a very vague wording.
"Except as follows "emails... View More
answered on Sep 19, 2019
In my mind, discussing pick up and drop off would fall under discussing parenting time. But you certainly should not meet her or have any contact with her outside of the OFP. You should not argue with her. You should not even respond to contact that addresses issues outside of the OFP.
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?
answered on Aug 12, 2019
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... View More
answered on Jul 17, 2019
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... View More
answered on Jul 10, 2019
No. They will give you immunity and if you refuse to testify you will be held in contempt.
Have multiple screenshots of him telling me to die and him being super mean and also I think he is a danger to me and others. He could do anything at any point to hurt someone.
answered on Jul 7, 2019
You could certainly apply for an OFP or an HRO. But I’m not sure that what you describe is criminal activity. I would get a protection order.
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... View More
answered on Jun 25, 2019
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... View More
Convicted of disorderly conduct statute 1 need to try and change it to statute 2.
answered on Mar 27, 2019
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.... View 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.
answered on Dec 31, 2018
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... View More
answered on Nov 7, 2018
This appears to be a duplicate question. See my prior answer.
answered on Nov 7, 2018
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.
I think I deserve the charge because I lied
answered on Nov 5, 2018
You could, but these situations are complex enough to warrant a personal consult with a defense lawyer, at least on the phone. There are better options. You can give me a call if you like.
answered on Oct 22, 2018
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... View 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.
answered on Oct 22, 2018
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... View More
If a couple both have charges can they retain the same attorney or should they each have their own.
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answered on Oct 13, 2018
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.
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