They do also have a child together whom they share 50/50 custody of.
answered on Feb 13, 2023
Unlikely because the order is not against the filer. However, why would the filer want to place the defendant in jeopardy of going to jail by encouraging the defendant to violate the PFA order? If the filer wants to spend time with the defendant, then the filer reevaluate the nature of the abuse... Read more »
answered on Dec 23, 2022
In a world where everyone follows the law and court orders, the ex is supposed to leave so as to avoid triggering an arrest. However, more realistically, if the holder of the PFA sees the ex, she should think about avoiding the scene and leaving. This will protect the holder of the PFA from... Read more »
My mother broke into my room with a butterknife armed with a karate bow staff, attempted to hit me and the girl I was with due to disapproval of the girl, I backed her out of the room she fell back I fell back and continued to fight me so I placed my hand on her neck and then guided her to floor... Read more »
answered on Dec 16, 2022
The police can decide to charge any person they reasonably believe to have committed a crime based on the information available and the investigation conducted at the scene of an alleged crime. I would think that the police were more sympathetic towards your mother than you given the... Read more »
My spouse brought a PFA case on me . We are under a temporary separation order. In the hearing we are all expecting the judge to quash the temp and allow us to live together in marital home.
After that, can one spouse refuse to live there and while leaving take the kid along with?... Read more »
answered on Nov 28, 2022
There is not enough factual information here. What was the misconduct alleged to have brought about the PFA and what if any proceedings are currently taking place? Assuming the worst allegations, no PFA will be denied and the parent with the child can make an attempt to abscond with the child. Most... Read more »
answered on Jun 16, 2022
I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.
They charged me with strangulation and assault but I didn’t do it, because i have an accent they say the body cam says I admitted to it( not true). They also said I had former charges that they pinned on me but the charges date back to the 90s when I was still a child in Jamaica. My public... Read more »
answered on Aug 2, 2021
You should immediately contact an immigration lawyer from the JUSTIA directory or the American Immigration Lawyers Association directory. Pleading guilty to criminal offenses can have extremely serious results like deportation if you are not a US citizen. Even if you are a citizen a guilty plea can... Read more »
My friend is being forced to stay in a relationship even though she has tried to break up with him multiple times
answered on Jul 2, 2021
Not at all. A person doesn't have to stay in a marriage either. She should get some counseling on how to handle this.
bye my ex boyfriend which I had arrested i have memorie loss from all the abuse I went to court to testify and it was like the da didn't want to listen to me it was like they were trying to say me and my sister got into a fight which never happened the night I was strangled and assaulted from... Read more »
answered on May 25, 2021
I don't see a case there as the DA is given great lattitude in what to do. However if you want there is a group called the Womens Law Project that may be able to better direct you. Certainly you can ask for a PFA.
It happened in Florida. I now live in Pennsylvania.
answered on Apr 16, 2021
If your conviction occurred in Florida, you will need to contact an attorney in Florida to see whether you can have the case expunged. Any court filings will be done in Florida and it will depend on Florida law whether you can have the case expunged/sealed.
He contacted my mom to talk about my son. Who is not his son.
answered on Feb 18, 2021
I'm guessing that you are referring to a PFA? Or is this a pre-trial bail condition? If it truly is a violation, you can contact your local police department or the district attorney's office to report the violation. They will investigate and determine whether the contact was a violation... Read more »
We lived together for 4 years and her father hated that my bf was there when he wasn’t around. A few days before Christmas we got in a heated argument over money and expanding our family. Since my daughters father fails at paying support on time financially it was straining us to begin our lives.... Read more »
answered on Jan 19, 2021
You really need to consult with an attorney and probably a therapist as well. It is difficult to understand why you would still be with someone who said those things to you. Whether the judge will determine that the boyfriend shouldn't be around your daughter, I can't know but I would... Read more »
He’s a convicted felon and was Charged with it kidnapping burglary theft reckless endangerment aggravated assault simple assault and possession of a firearm
answered on Dec 18, 2020
Once charges are filed by the Commonwealth you no longer have the ability to drop them. You become an important witness in the case but the case is the District Attorney's. Those charges sound very serious and very few DAs would simply walk away from that case. Remember their job is to... Read more »
answered on Dec 3, 2020
If you have been subpoenaed to appear in court, you need to appear or you could be found in contempt. You should contact whoever is prosecuting the case, or whoever subpoenaed you as a witness and express your concerns. Your input as the victim should be taken into account. I hope that helps!
The PFA allows contact when it pertains to the child.
answered on Nov 15, 2020
It depends (I know, not the answer anyone wants). For just a cuatody exchange the answer is no. However, in my experience if something gets said that isnt custody related the answer is yes. Which is why so many family attorneys recommend custody exchanges at police stations in these types of... Read more »
Our order is Title 18 Pa. C.S.A. 2709. We both are actors at the same theatre. Can we still both attend and act at this theatre?
answered on Sep 1, 2020
I am not sure how. No contact, as a condition of bail or otherwise means that if either of you did the other could report you. If its a condition of bail it could lead to bail being revoked. If its an order of court one or both could be held in contempt.
My 13 year old son was issued a citation for harrassment after hitting his mother in the arm with an outside trashcan, as self defense, after she repeatedly smacked him in the face up to 6-7 times, how is he expected to come up with $300, and can I fight it
answered on Jul 5, 2020
First question, with cash, preferably obtained from his mother. Second question, no, but HE can fight it, and if you are a parent with custody , you have to be there to do so.
Justia disclaimers below, incorporated herein.
It was a no contact order and I’m in the process of trying to have it withdrawn
answered on May 25, 2020
No, not unless the PFA restricts you from contacting him. Ordinarily, the order only restricts the defendant from contacting the plaintiff, you.
answered on Apr 3, 2020
There are probably more details about your situation which were not included with your question. You may want to revise your question or reach out to an attorney to get specific information about your case if your wife has filed a PFA.
--Melinda Previtera | Petrelli Previtera, LLC |... Read more »
Why would the U.S. Marshalls Task Force in Reading , Pa. Come to my house with a warrant on a domestic Violence warrant for my daughter's boyfriend JohnAlvarez
answered on Mar 30, 2020
First, ask Justia to take down the post with the persons name. Likely because that individual was wanted on a federal matter. Or it could have been related to an out of state matter. That's his problem, not yours.
Me and my boyfriend got into a petty fight over a game and was upset he los the game and now we had a argument things got heated and loud so i threw his other games on the floor and he got upset pushed /shoved me and then I push bed him back and he threw one of the cases at my face which left knot... Read more »
answered on Mar 23, 2020
I am not sure what advice you need. He needs a lawyer. You are not responsible, the officer charged based on the evidence he has. You cant stop thos even if you want to. Be forthright about how you want the case handled. The Distrixt Attorney doesnt have to listen to you but a lot of times... Read 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.