Kathryn Hilbush's answer Hi. Two things. First, you should never provide identifying information about yourself on an online forum like this. Frankly, if possible, I'd suggest that you take this post down and, if you still want someone to respond to your issues more specifically than I will, repost it without your name. As far as whether you can go forward with any restitution, I would doubt it but the best idea might be to talk to someone in the District Attorney's Office since that the office in which the department...
Cary B. Hall's answer Maybe. If your fiance gets a Protection from Abuse (PFA) Order against you, a judge could award him sole temporary custody of your daughter (presuming your daughter is also your fiance's daughter). Your fiance could also file a custody case against you and obtain custody that way -- although that usually takes a long time if there are no emergency motions filed.
In addition, there often is a bail condition in domestic assault cases that the abuser may not have any contact with the...
Cary B. Hall's answer Perhaps contact Community Legal Services in Philadelphia (215-981-3700, https://clsphila.org) for assistance - although you might have to be a Philadelphia residence to qualify for free legal assistance. Otherwise, contact your local legal aid organization and/or domestic relations section. You should be able to file for child support where you live by now.
Kathryn Hilbush's answer It's never advisable to fail to show up for a court hearing. The better approach is to show up and, if you want to drop the case, tell the judge then. It might be helpful to you to consult with an experienced family law attorney before court to discuss this and the divorce.
Kathryn Hilbush's answer I'm assuming that criminal charges were filed. Is that's the case,then it's up to the District Attorney's Office to pursue or drop the charges. Get word to your husband that he needs to hire an experienced criminal defense attorney who may be able to work something out with the prosecutor. Remember, your husband may not communicate with you. Your saying you won't cooperate is usually not the best way to resolve these cases even though it may sound like it would be to you.
Kathryn Hilbush's answer It's good that the children are in counseling. I suggest that you continue to work with their therapist. She/he may have some suggestions. It's always hard to know with younger children how much they're saying is 100% accurate and how much is somewhat exaggerated. The therapist can help you with this. Then, if it seems that what they're saying is happening, consult in person with an experienced family law attorney to discuss filing to modify your custody order.
Cary B. Hall's answer In Pennsylvania, there is no hard-and-fast "list" of what constitutes abuse, and what doesn't. It's a case-by-case determination to be made by a court in each instance. In your case, I'm sure it'll come down to whether it was a hard and proper slap versus, say, a very soft tap to get the kid's attention and express displeasure.
In any case, no - an instance of abuse does NOT automatically give the other parent full custody. A petition to modify custody would need to be filed to...
Cary B. Hall's answer You can press charges against him . . . in Georgia, where the violence occurred. If he demands a trial on the criminal charges against him, you'll have to go down to Georgia to testify against him as well. But charges would not be filed against him in Pennsylvania since there's no jurisdiction of the abuser here.
Kathryn Hilbush's answer This question really should have gone to the criminal attorneys, not the family law attorneys. After the preliminary hearing, if the case is not dismissed, then it will proceed to trial, which may end up as a plea deal if the Commonwealth and the defense are so inclined.
Kathryn Hilbush's answer You should direct this question to a personal injury attorney through an in person consultation. Unfortunately the Justia computer sent it out to the family lawyers. I would ask you, though, what benefit you believe will be derived from suing your father?
Cary B. Hall's answer If he caused you injuries, then yes - he can be criminally charged, and also sued in civil court for money damages. You may also be entitled to alimony in a divorce case as well -- it depends on all sorts of factors, most of which are monetary. It's probably worth a shot.
Kathryn Hilbush's answer I'm sorry, but this is a question for which quite a few more facts are needed before any sort of response can be offered. I suggest that your husband meet with an attorney experienced in elder law to discuss the circumstances. Good luck to him. It sounds like he is in a very difficult situation.
Cary B. Hall's answer Truth is an absolute defense for slander/libel charges. But can he still sue you and drag your through the court system? Surely, but you would have a defense to his civil lawsuit against you.
Kathryn Hilbush's answer Your question went out to the family law attorneys when it should have gone to the personal injury attorneys. Try posting it again without emphasizing the domestic violence issue, more along the lines of "Can I sue someone for physically attacking me and inflicting emotional trauma, causing....." I imagine you can find an attorney to file suit but I'm not sure that you can prove your damages. That's why I suggest that this go to the personal injury attorneys. Or you could just consult with one...
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