James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

Note automatically .The petitioner's Communications to the respondent can be used as evidence against the petitioner, However, if there is a protective order in force and the court has not specifically allowed communication under the specific circumstances you should not respond to the... View More

Protection orders restrain the respondent, rather than the petitioner. I agree with my colleague, while the petitioner will not get in any kind of legal trouble, it will undermine their ability to maintain the order or in the event that it's only a temporary order and there's an upcoming... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

The answer depends on whether or not you reside with this aunt. If so, you may wish to speak with the child protective the service agency in your county. If not, you need to have a discussion with your parents, if they will not take action you may which to file an incident report with the police.

If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More

You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to... View More

You should file a Notice of Change of Address with the court giving the court your new physical address, mailing address (if different), telephone number, and email address.

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

In Ohio, domestic violence charges are typically brought by the state, not the victim. Once charges are filed, the state may proceed with the case even if the victim wishes to drop charges. Prosecutors may consider various factors, including the severity of the incident and the potential danger... View More

If a charge is not dismissed "with prejudice" it can be raised again as long as it is within the statute of limitations.

Your facts will not give you a definitive answer, because the decision is in the discretion of the court. If you have already sought the opinion of an attorney that knows your court then you already have a good answer. This forum is a poor substitute for hiring a lawyer (especially this author).

Did the Ohio protection order include the kids? If that is the case you may be able to make out a complaint for kidnapping. If the protection Order is against you in both jurisdictions you still need to appear in KY if there is a pending hearing. Get in touch with a KY lawyer in that case. You... View More

In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More

A subpoena is a court Order. Technically, failing to appear is punishable by contempt. He can get on the stand and not answer a question that may implicate him in a crime. Not showing is not an option if you care about following court Orders.

These cases are very fact specific. Generally, the police may arrest when they have probable cause of a crime. There are two potential DV charges one for assault (knowingly causing physical harm) and the other for menacing (knowingly causing a person to fear serious physical harm- typically... View More

Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.

No, TPO is for potential crime prevention. It is not a “crime “.

Just make out new POA documents, which will revoke all prior ones. You really want to create new potential proxies in the event something happens to you anyway. You can also write a simple statement revoking a specific person's proxy status effective as of a particular date, then send it... View More

The specific circumstances and details of your situation can affect the answer, so it's important to consult with a legal professional for personalized advice. However, I can provide you with some general information.

If you have a no-contact order in West Virginia, it typically means... View More

I think you may have asked the question twice. You may wish to speak to a supervisor. Also, you should be able to search the clerk of court's website yourself.