Get free answers to your Domestic Violence legal questions from lawyers in your area.
Someone has a case over a domestic issue, when really it is not anything but overreacted people and emotions. The case is supposed to be dismissed from too many continuations of "victim" not showing. For the defendant who has no criminal history, if this case is removed, does she have to... View More 
answered on Jan 10, 2018
Generally, dismissed charges do not appear on a commercial criminal background check typically run by potential employers.
Then the defendant and victim get married can this no contact order be amended by the judge?
answered on Jan 9, 2018
GREAT QUESTION, more information would be helpful.
Domestic Violence cases in North Carolina can be a bit complicated. That's because there are aspects of such cases that touch more than one branch of the judicial system.
For example, it's not unusual to see Criminal... View More
answered on Jan 3, 2018
you have 3 years from the date of the last injury. If it's within that time frame the other question is,if successful are you likely to be able to collect on that. Speak with the attorney who handled your divorce for starters. If not married, consult a member of the NC Assn for Justice--they... View More
If a court appointed public defender seems uninterested, unwilling, and thinks you will still go to jail for stupid reasons that involve 100% no abuse, violence, threats, etc. in a "domestic case" that involves only yelling between the two parties, can the PD be replaced? Before the court... View More
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answered on Dec 28, 2017
First lets get the terminology right, you are a defendant not a 'defender'. There are no guarantees. You could hire the most awesome successful criminal defense attorney ever and still end up going to jail. So your options are to continue on with the public defender assigned to you or... View More
I was at a hearing for a guy who broke a protection order by sending too many emails, just being an idiot. Not an abuser. He was arrested for it. His hearing was to face 4 months in jail (that affects the child support she will lose if he loses his job). He is not an abuser, they just had yelling... View More
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answered on Dec 19, 2017
He has already been determined to be an abuser thats why there is a protective order - Then he apparently went and violated that protective order, Now there will likely be a trial to determine not if he is an abuser (that's already been determined) but rather whether he violated the protective... View More
answered on Dec 16, 2017
No, you won't get a failure to appear as the prosecuting witness. If the defendant doesn't appear, he or she would be subject to a Failure to Appear/Order for Arrest.
Lease is in my name and I'm not working to stay home with the baby, I want to get out of the situation but for him to only have contact for our children. I don't want him to serve jail time because of our children
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answered on Dec 14, 2017
You didn't ask a question but I assume to wnat options - if so, it is likely your options are:
1) to take out a DVPO and effectively put him out and figure out a way to pay your expenses or
2) you move out and figure out a way to pay your expenses and deal with any lease... View More
This case was is NC. I am from NJ and plan to attend court 12/20. My boyfriend is going to come and request the case to be dismissed as well. Can a public defender help me get these charges dismissed as this is my 1st offense and arrest in my life? Or do I really need a private lawyer? I do not... View More
answered on Dec 10, 2017
Generally, District Attorney's Offices are reluctant to outright dismiss domestic violence charges. A public defender, court-appointed counsel, or a private defense attorney all would have the same chance of having the charges dismissed. It is also not up to your boyfriend if the DA's... View More
Son-in-law was physically and verbally abusive.
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answered on Dec 6, 2017
Not unless she is subpoenaed and even if subpoenaed she still doesn't "have to go" but there will likely be negative consequences if she ignores a subpoena.
Hi! My step-father, just recently, abused my mother, broke one of our puppies legs and stole the car and drove off without a license. That's a lot of different offenses. I'm scared that he'll come back, and I don't know what I'll do if I see him on our property again.... View More
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answered on Nov 30, 2017
Of course it's not legal. You are allowed to use reasonable physical force to defend yourself and others and deadly force if you are in reasonable fear of imminent death or serious bodily injury or in the defense of another under those circumstances. Call law enforcement and let them deal... View More
*I have added additional information to the bottom of this form *
This order was served after she began manipulation and gaslighting in order to make me jump through hoops to get time with my son ( we are separated) The order claims violence, threats and many other claims that are not true.... View More
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answered on Nov 21, 2017
If you can not afford an attorney your options are to go to court, do the best you can and let the chips fall where they may. If you lose, you likely won't get to see your son. And yes, it is very possible you got played.
My daughters father and I were together for 6 years, our daughter is 3. The split was amicable, I got to keep the car (it is in his name) and he pays for her daycare($550 a month), but we also agreed upon him giving $100 a week to cover whatever extra expenses she may incur and I may not be able to... View More
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answered on Jul 16, 2017
Unless the burn turned out to be purposeful, you likely should not only not be concerned about the extra hundred but start kicking in your share of day care.
I have issue in my life. My dad sometimes goes mad and he hits walls and screams. Sometimes he gets really mad for small reasons such as my uncle waking up late. He yells and gets jealous of things easily. He accuses my mom of cheating on him. My mom and him had a arranged marriage. I think that he... View More
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answered on Jul 11, 2017
These sound like personal and mental health issues. The only viable legal remedy for a situation like this is a restraining order and / or an involuntary commitment (if you meet the requirements) but that may do more harm than good. Your best bet is for you and you family to sit him down and... View More
I got a restraining order on my husband. He was suffering from a mental illness that I tried to help him with by involuntary commitment. He was homeless so I took him back for a little bit. I realized my error when his mental illness got worse and he started having delusions. After I got him out he... View More
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answered on Jul 9, 2017
Your story doesn't quite add up - homeless sick people aren't ordered or should be expected to pay $50 a week in child support and people who legitimately need restraining orders don't let the offending person back into the house and involuntarily commited people who are as sick as... View More
over a cell phone she bought me then decided to ask for it back and charge me for it when she asked for a separation. Does it matter that she committed adultery? Do I have to pay her back for the gift of a phone?
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answered on Jun 19, 2017
Yes, she can take you to court, If it was a gift, no you don't have to pay here back. The adultery is irrelevant to these issues. .
And said I wish I could beat your head in. Said he should kick me out and let me prostitute! I totally depend on him. But this isn't right. What can I do without ending up homeless?
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answered on Jun 19, 2017
As a fiance, there's not much you can do but leave the situation.
I have posted once this site, no response. Been weeks reading things online and I do not get all the fancy terms people us. I have a semi-complicated issue being a victim of domestic assault from my wife who came on a K1 (still has no SSN, green card, living status). She has a protection order... View More
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answered on May 19, 2017
If you are "dead broke" - who cares if she makes threats to make you "financially suffer"? What it sounds like you need to do is simply separate (not live together) and likely also have no or minimal contact. Do that for one year and you are eligible for divorce. Divorce is... View More
I have that order and a misdemeanor assault by pointing a gun warrant that I was served and released on a $5000 unsecured bond. I have court tomorrow for the civil summons order. Will I be locked up in jail again?
answered on Mar 30, 2017
I don't think you've provided enough information for a lawyer to give an answer with confidence. But, a summons in a civil case does not impose criminal penalties. However, once the civil court enters an order in the civil case (e.g., a restraining order on not contacting a person), it... View More
And hit the floor. He has since started seeing a therapist for anger management and bipolar. I do not want this hanging on him the rest of his life. What do I do
answered on Feb 8, 2017
You cannot drop the charges against anyone, this is a decision made by the prosecuting district attorney. You can contact the DA and say that you are not willing to cooperate in a criminal prosecution of this matter, which may lead to the DA dismissing the charges.
And i can't afford to pay a lawyer and i can't get anyone at legal aid so what can i do because the day that i went to take out papers they had me fill out papers for legal aid to help me
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answered on Feb 7, 2017
If you took out a dvpo, odds are you are still living together. If so, you are ineligible for divorce. You need to be physically separated (not living together) for one year in order to be eligible to file for divorce in NC. If you have been separated for one year and if you are indigent and... View More
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