An Order of Protection is not effective until it is served so she cannot be arrested until after service. Additionally, your wife has to be served with the request for an Order of Protection and she has a right to be heard on the issue.
The short answer is yes. Usually, its a parent, sibling or partner that was assaulted and later presents themselves as a surety or just wants to resume contact. What you need to check to see if there are any court orders prohibiting the offender from contact. Sometimes those are stand alone court...Read more »
My wife and son filed a statement with the sheriff following a home visit. My son has minor bruises but no severe injuries, yet was taken to urgent care for photos to be taken. I admitted to the sheriff over the phone while talking to CPS. No charges have been filed yet. I am currently out of town,... Read more »
Without knowing specifics it is difficult to give you an answer. In general, orders of protection are based upon Criminal acts, so if there is a way to classify what is being done as criminal, you may get an order of protection. Speak to a lawyer and go over exactly what is happening so you can...Read more »
Please understand that I don't know the hiring standards of the police service you would like to apply to, but generally speaking a conviction and record for disobeying court orders would likely not make you the most ideal candidate. Be prepared to provide an explanation that makes sense if...Read more »
My estranged wife who I havent had contact with in or seen in a year filed an order of protection against me. She is using random text messages from june 2018 i sent her. They were pretty hard but we were arguing and it was out of anger. She also accused me of threatning her and her family with an... Read more »
He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed... Read more »
The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.
In NYC, my boyfriend forcibly grabbed my phone out of my hand after I advised him that I was recording him during an argument. He wouldn't give the phone back unless I deleted the video. Is that battery or another cause of action?
Yes, it could be a basis hypothetically, Non-consensual contact may be made with either a person or that person's extended personality, The example I recall from school was that of a plate being taken by force form someones hands. Another common example is a necklace another object extending...Read more »
My husband was arrested over a domestic dispute and is being charged with Endangering the welfare of a child and criminal obstruction of breathing. Both A class Misdemeanors. Upon his arraignment he was served a no contact order that he cannot contact me or our daughter. I contacted the assistant... Read more »
He was charged with two class A misdemeanors. One being criminal obstruction of breath and the other endangering the welfare of a child. Upon arraignment they put a no contact order in effect so that he can’t contact me or our daughter. I contacted the assistant district attorney in charge of the... Read more »
my son is 8 i had him most his life his dad was big on drugs etc i thought he had cleaned up his act but he hasnt i am not sure what to do he is barely letting me see him or talk to him and my son says he hits him... im worried scared and im in NY due to some stuff ill be moving here and want my... Read more »
You file a petition in family court in the county where your son resides (Cattaraugas County). But which petition? If there was no court ordered custody arrangement, you file a petition for custody/visitation. If there was a court order (or it's contained in a divorce decree) you file a...Read more »
My biological mother wont leave me alone via text. I have told her to leave me alone and stop contacting me. In emails from previous years has been verbally abusive towards me. She uses my brother as a way to get to me even though I know she is brainwashing him. Should I go to the police regarding... Read more »
Blames me for everything, calls me names, doesn't follow the order, the order his lawyer omitted parts that were agreed upon. My lawyer stopped calling me back, I have tried 5 times since the end of March. Been going through this for 3 years, our son is 3 1/2, I get followed by his father... Read more »
If he is following you around (need to have dates when you saw him) and he constantly calls cops when you don't agree to his demands, you probably need to file for an order of protection. As for omitted parts of an order, if the agreement was in court, you can get a transcript and refile the...Read more »
Most cases can't be prosecuted without the complaining witness (you). So, if you really do not want to pursue it, do not sign the supporting deposition. If you already did that, do not show up in court or speak with the ADA again.
How can we go about dropping case without having to go to court ? I am a single mom to my twin baby girls and cant afford to go to jail because of false accusations against me ! Victim wants to drop everything due to the fact she admitts being very mentally unstable at the time how can i get help ?
You should have an attorney contact the detective handling the case. If there is a warrant for your arrest, an attorney can speak with the detective about the victim’s unwillingness to go forward. If a complaint is already made, you very well may have to go through with the arrest and then it is...Read more »
If there is a new allegation of domestic violence, then there can be a new charge as well. Your question is unclear as to what exactly the circumstances are, but you can certainly face new charges if additional allegations are raised.
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