Get free answers to your Domestic Violence legal questions from lawyers in your area.
Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed
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
Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?
answered on Mar 31, 2024
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
Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?
answered on Mar 31, 2024
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
I do not have any felonies.
I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.
I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View 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
I am a minor at 15 years old(female) my aunt has continuously hit me, smacked me, and grabbed me roughly throughout my whole life. Today it got really bad and she almost choked me out and she had thrown me to the ground a few times. I am very skinny and weak and I can't do much when it comes... View More
answered on Jan 14, 2024
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.
I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?
answered on Jan 3, 2024
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
And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?
answered on Dec 11, 2023
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
I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More
answered on Oct 19, 2023
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
My son was subpeoned for a dv case with my former boyfriend. He does not want to testify. He exaggerated the story and has since admitted it, and that he did swing at my ex. There was a children service case on this matter that was dropped, but the school cop decided to still press charges. Can he... View More
answered on Oct 23, 2023
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.
There is no physical anything we literally just raise our voices and was yelling my daughter did lose a friend earlier this year to domestic violence case so I believe that she's been a little overly scared and nervous when we have argued but I don't understand how they can put a TPO on... View More
answered on Oct 4, 2023
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
I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More
answered on Aug 25, 2023
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.
regards to me which I have never seen but has been 'scooted' past me for control and manipulation factors. I was told I can get a Revocation for my file.....Thank you.
answered on Aug 7, 2023
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
answered on Jun 13, 2023
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 called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.
answered on May 24, 2023
From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... View More
So there is this female that continues to get tpos on me but shows up to my house while tpos are in effect and then she will drop them in court and then threaten to file them again against me. She's doing this to play with my life
answered on Mar 17, 2023
In my opinion, this is a more passive but just as serious type of domestic violence. The same advice goes for you as for a victim of the more active and violent type of domestic violence.
Yes, they can and will keep doing this as long as you allow the relationship to continue.... View More
I was a part of a domestic case where I stated to police that I witnessed said act happen. I did not and later told cops I lied. Defendant dropped domestic case but they still trying to charge me with criminal charges for filing a false report. Can they still charge me even tho case has been... View More
answered on Jan 18, 2023
Yes. Obstruction of Official Business is what I assume you’re charged with. At the time you committed the crime, the case was not resolved. Your statement was part of what the police relied on as evidence of DV. By lying to the police, you obstructed their investigation. Therefore your charge... View More
I was a part of a domestic case where I stated to police that I witnessed said act happen. I did not and later told cops I lied. Defendant dropped domestic case but they still trying to charge me with criminal charges for filing a false report. Can they still charge me even tho case has been... View More
answered on Jan 18, 2023
Yes they can. Falsification is a separate crime completely apart from whatever else may or may not have happened. If anything the DV being dropped hurts you because it tends to suggest you did in fact lie. You should get an attorney.
answered on Dec 17, 2022
As long as you weren’t found guilty of domestic violence, you’re good. It has to be a misdemeanor of violation to prevent purchase. If you’re steaming about her charges, I’d hold off on buying a gun.
answered on Nov 28, 2022
If you do not have a written lease, then he can evict you. An eviction is a permanent public court record that can make it difficult to rent from a landlord who checks the records, and most do. So avoid having an eviction filed.
Married parents are pro se defendants regarding a child welfare case that moved states because the barrier to obtain secure and maintain stable housing. This was due to the tort harassment events by government agencies, community servicing organizations, and the courts that assign hopeful people to... View More
answered on May 1, 2024
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.