North Dakota Domestic Violence Questions & Answers

Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

Q: How can someone 'prove' self-defense when the person who assualted you lies saying they never hit me and filed charges?

1 Answer | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Aug 14, 2018
Lucas Wynne's answer
It is the lawyer's decision, not the client's, in choosing which motions to make. If you want to prove facts of the case, trial is the place and time to do just that.

Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants

2 Answers | Asked in Criminal Law and Domestic Violence for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.

Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney, then turn yourself in and hopefully get released on bail pending your trial - then gather witnesses that can account for your whereabouts on the night in question.

***This is general legal...

Q: Do I have to let sheriff serve me with restraining order paper or can I have him send them?

1 Answer | Asked in Domestic Violence for North Dakota on
Answered on May 16, 2018
Lucas Wynne's answer
Accept service either way, hire a lawyer to fight the restraining order if you think it is unjust.

Q: I got a domestic violence unlawful use of a car and reckless endangerment, what can I do?

1 Answer | Asked in Domestic Violence for North Dakota on
Answered on Apr 3, 2018
Lucas Wynne's answer
You can and should hire a lawyer, you will not be able to effectively handle these charges on your own. Attorneys like myself offer free consultations and serve clients throughout the state.

Q: What if a third party witness to domestic violence decides to retract his original statement made to police?

1 Answer | Asked in Domestic Violence for North Dakota on
Answered on Mar 2, 2018
Lucas Wynne's answer
The prosecutor may still bring charges, even if your statement has been retracted. Why? Firstly, because you did not witness the incident. More importantly, because victims of domestic violence often retract their statement and it is in the state's interest to pursue domestic violence incidents.

Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Dakota on
Answered on Oct 15, 2017
Lucas Wynne's answer
You need to consult with a lawyer to specifically address your question. Unfortunately, addressing this question on the internet could be detrimental to your case.

Q: I did not respond to an affidavit therefore the judge ruled in favor of the plaintiff, what do I do next?

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for North Dakota on
Answered on Aug 24, 2017
Lucas Wynne's answer
There is not enough information in your question to provide an answer.

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