Get free answers to your Domestic Violence legal questions from lawyers in your area.
He is afraid if he calls the cops for domastic violence that shes going to lie and he will get in more trouble. On an almost daily basis they have scream fights, if it escalates (which it usually does) she punches, kicks, and throws anything she can at him. Shes left brusies and welts on his face... View More 
answered on Jun 24, 2017
His best choice would be to leave her.
If not, to secretly tape record her, and as she is hitting him, "narate for the recorder" what she's doing. Keep asking her to please stop hitting me… why did you push me etc. AND keep his cool, with calm voice..
This... View More
My fiancee is on probation with a no contact being part of the probation. We are still in love however and wish to be married. As long as there's no violence is this ok?
answered on Jun 24, 2017
No, a very BAD IDEA FOR BOTH OF YOU!
For him, it violates his probation, and risks him going to jail.
For you, you should get help from a domestic violence agency to get over this guy. Believe me, he without a doubt will hurt you again.
Believe me, my answer is based... View More
The charges are by his ex and when he had his arraignment the judge set a new court date and told him to hire legal counsel as he bonded out. He had to look for work and is working now but we havent gathered enough to afford a lawyer for this felony charge. We called many lawyers and made an honest... View More
answered on Jun 24, 2017
Unfortunately many courts have been pressured to tell defendants who are out on bond that they are not entitled to a court appointed lawyer if on bond. THIS IS NOT THE LAW!
My advice is to do as you have done, document at least 6 calls to attorneys who practice criminal law in the county,... View More
If a person plead guilty to $50 fine because their public defender told them that the DA still had enough witnesses testimonies of the defendant assaulting the victim and later defendant finds out that video is called exculpatory evidence & the police failed to view & preserve that video... View More
answered on Jun 24, 2017
In criminal law, there are very important time frames for appeals and motions to withdraw pleas.
You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!
Gary J Dean, Attorney
I was in domestic relationship. DHS got involved took my rights. Case worker and I didn't get along. She wouldn't tell me or help me do what I needed to do. I wasnt given an attorney throughout any of my case. I didnt know what to do. So can you please advise me on what I can do now??... View More
answered on Jun 24, 2017
DHS can't take your rights, this can only be done by a Judge in a court case in which you've been notified. You should consult an experienced Family Law attorney for help immediately.
There is a PO to protect myself and my kids, domestic violence charges are with the DA. I need an extension and temporary child support. I called his attorney an asked if he can do this, but I am concerned he is going to have my husband's best interest (of course) with everything he does. My... View More
answered on Jun 8, 2017
Hello:
You should consider contacting legal aid and see if they can help you. You should not attempt to represent yourself.
Pete D. Louden
answered on May 2, 2017
You may deny visitation if done to protect the child. Do you have "a reasonable belief" that the child is in danger when visiting? How long has he been an abuser, assuming he is? If for some time, and no injury to child, probably not.
However, if child present during abuse, this... View More
answered on May 2, 2017
Belts and wire coat hangers both not reasonable and are abusive.
We want to be together. We were both drug addicts when the situation happened and we want to live together and possibly get married. Can we be together?
answered on May 2, 2017
It depends….. on the terms of his original sentence, AND the terms of probation, if he was released on probation.
When a person is originally sentenced for crimes of this nature, the courts will frequently order no contact with the victim, for good reasons. It's known that domestic... View More
How do I cancel the order it has not been served at this time. But I think it would be of a better benefit to myself and my husband if we we're to take some marriage counseling and some anger management classes together. Rather than be away from him and him not be able to come home. This order... View More
answered on Apr 23, 2017
You can wait until the hearing and request it be withdrawn, or some court clerk's offices can assist you in getting a court minute to the judge. I would call the court clerk to see if you can withdraw it - you may have to wait until the court has a hearing.
The kids came from a negative environment, but are in a positive one now.....good school, no worries on finances....opportunities. But they want to do what they want when they want. If is stressful & making more problems often legally. I don't want to give up, but they are almost... View More
answered on Mar 16, 2017
Must be really hard on you. On the positive side, they are in a good environment now, and I would hope their custodians support your contact. I would guess they are older teen agers.
I would try taking to dinner on school night at a place they want to go to, and initially keeping it short.... View More
answered on Mar 16, 2017
Generally, no. A simple push won't be considered as domestic violence by police, also, the incident
I have had one court date so far and nothing happened just gave me a new court date and said i need and lawyer which i cant afford i aslo was not asked if I wanted one in court i called a lawyer to see how much he was. Which was to high cost but he asked me questions about my case and said with the... View More
answered on Feb 22, 2017
You need to find a job so you can afford an attorney. Domestic assault and battery charges are no joke. There are more repercussions from that charge than a simple assault and battery charge. Finding the money to pay an attorney is your number one priority right now. Sitting around saying you... View More
answered on Sep 21, 2016
You can have your probation revoked for committing another crime while on probation. Jail time is a likelihood.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2016
In Oklahoma, the answer depends on what happened with the prior charge as well as what the current allegations are in your new case.
If the previous case resulted in a conviction (time to serve or a suspended sentence), then the current allegation can be charged as a felony.
If a... View More
I have an ugly bruise from a fall on my a rm and the cops have been told he did it by a neighbor. Can they still arrest him
answered on Sep 9, 2015
Yes, probably, because that would amount to probable cause.
answered on Dec 3, 2013
Protective orders can be quite short or they can last a very long time. You would have to look at the order, itself. You should be able to get a copy of it from the clerk of the court in the county where the order was made.
answered on Dec 3, 2013
You need to get your record expunged. However, the process is not automatic. You should consult with an attorney.
answered on Dec 3, 2013
Many different types of conduct can constitute "domestic assault." For most misdemeanors and felonies, the statute of limitations is 3 years. However, the limitations period can be up to seven years. Time you spend outside of the state does not count toward the limitations period. If... View More
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.
