Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am in a abusive marriage with the father of my 2 year old daughter, i have already left the home but need advice on how to mantain custody of her and possibly get a emergency custody order. I have also left the state where he lives so he could not find and harm us but i am afraid any legal steps... View More 
answered on Nov 28, 2017
You should immediately contact a family law attorney in West Virginia.
I have a friend that has a child age 12, father is in her life but does nothing for her but disrespect his daughters mother and says "things" to get her upset for the family to fix. She has asked him to just sign over his right's. He says yes then no! He pays the very minimum in... View More
answered on Nov 7, 2017
Didn't you already ask this question? The father's rights can not be "signed over" unless done in conjunction with an adoption. Otherwise, he maintains some form of custodial rights. If she thinks the support order is too low, she can go back to court.
I have a friend who has a child by a person that does nothing for the child. He pays very little to nothing in child support and she's 12. He has lots of charges and case's for domestic stalking on his profile with other women. Can the mother get the courts to force him to sign over his... View More
answered on Nov 6, 2017
I don't know why she want to do that, frankly. If he's not in the picture with this child now, why open a can of worms by taking him to court? Also, she can't force him to do anything and certainly not to "sign over rights"unless she's seeking to have his parental... View More
My ex threatened to kill me and others associated with me. He’s being sentenced for that and several other unrelated charges shortly. Judge instilled a no contact order against him banning direct and indirect contact. I received via regular and certified mail a child custody petition from said... View More
answered on Nov 3, 2017
No. It sounds to me like you'd better consult with a local attorney experienced in family law, though, because you're going to have to be in a court room with your ex and it would be far better for you to have an advocate with you all along the way through the process.
My husband used to abuse me sextually, hit me many times and turture me mentally and physically ,blackmail me too. Last time when he hit me, i called on 911 soon after my husband sent me to my parents home (India)with kids in 2016. After that he didnt contacted me nor helped us not even financial.... View More
answered on Oct 31, 2017
If your spouse was a US citizen or Lawful Permanent Resident, you should look into a VAWA petition. If not, then you would need to file a police report and look into a U visa petition.
can the victim say that they would like the defendant to have anger management classes in the state that they live in?
answered on Sep 24, 2017
The victim can certainly discuss this suggestion with the prosecutor, but the decision is made by the prosecutor, not the victim.
What should I do? Press assault charges? Contact social services? I don't want her around either of my children anymore and I think she needs serious help.
answered on Sep 24, 2017
You need to have a serious discussion with your spouse about the child's behavior.
My nephew is currently being held in the Wyoming County Jail on a ridiculous amount of charges. Neither him, nor my family feel as though his Public Defender is looking out for what's in his best interest, and would like to look into gaining a second opinion regarding his current legal issues.
answered on Sep 21, 2017
Most criminal defense attorneys do not do work on a pro bono basis. Many have surprisingly reasonable rates. Contact a few and see if you can find someone to work with. Alternatively, have your son sit down with his Public Defender and ask questions. A common complaint that I get from people... View More
The Police would just come and tell me I need a PFA? What if the lives of my children and I are in extreme danger during the process of getting a PFA? If someone threatens me and I have a evidence. A video of the abuse that had taken the place. The police would just come and do absolutely nothing?... View More
answered on Sep 6, 2017
If there is a crime being committed they can arrest the person. The process for getting and serving a PFS doesnt take a day. Emergency PFAs can be issued within an hour. Everyone is entitled to due process but id you truly feel your life is in danger, complaining about the process isnt going to... View More
answered on Sep 6, 2017
I am not sure I understand your question. Are you asking why there are so many steps to getting a PFA? This is because your rights are greatly impacted by a PFA including 2nd amendment rights and potentially the ability to get a job. PFA's show up on all manner of background reports and... View More
In the past, such as physical abuse, verbal abuse and mental but no evidence, to prove, but what she told cop and the attorney . Can he still be charged
I'm ok for now
answered on Aug 29, 2017
No. it's assault. Talk to a school counselor before it happens again. I assume you've tried to discuss this with your parents first.
My stepfather punched my mother in the face and has left her badly bruised. He has a history of doing this to previous wives. We called the cops after 24hrs of him running...and the cops ended up knowing his son, my step brother, and called him first. They then came to our house and told us that he... View More
answered on Aug 14, 2017
Im not sure what kind of opinion you are looking for. Domestic situations are dificult for the police because the witness often recants after a cooling down period. Often times if the defendant has been removed from the scene they will wait for a cooling down period to charge to ensure the party... View More
My brother and his ex wife got a divorce and she wanted custody of their two boys so she made all of these allegations against him (terristic threats, simple assault, and harassment) to make her custody case better. She also got a PFA. His now ex girlfriend new that the courts would side with her... View More
answered on Aug 8, 2017
There is only really one thing you can do in a situation like this to better his situation. He needs an attorney. You say "prove your innocence," which is nearly an impossible thing to do. It's certainly not something that can be done on the internet in a few paragraphs. His... View More
This was not the first time cops arrived, it was the first time I called it in. I told them it was overall the 4th time it happened(my fault for not reporting previous 3, I know). This was a couple months back. Since then I've discovered she's telling her family I beat her, which is... View More
answered on Aug 8, 2017
Your understanding of the law is incorrect. There is no legal requirement that anybody be arrested otherwise a lot of people would get arrested on false statements. The police assess the situation, usually separate the two parties and file charges if they believe they are warranted. Occasionally, a... View More
cys and the mother is threatening to get a lawyer well when the fight occured the mother father and boyfriend were screaming and carrying on with the baby and my mom and my sister there. What can she do to protect herself against them and have her NOT have the baby near her? she will go and lie... View More
answered on Aug 7, 2017
There is no good answer to this question aside from the obvious. Get a lawyer on your side. Everyone lies in family court. Its the nature of the beast, one mans lie is another mans truth. The courts are charged with sorting everything out. If the police and CYS are involved it has gone beyond... View More
and they ended up "giving him back to the state". He went to other foster homes and a group home, until he turned 18. Because things got so bad at the home i did what i could to stay and keep going especially for my younger adopted siblings, but it got to be too much. I was living down in... View More
answered on Aug 3, 2017
It's difficult to know what your question is. If you're concerned about the welfare of the child still ion your adoptive mother's care, you could file a report with the county child welfare agency. It's going to be difficult to obtain information about the other children if... View More
PFA was granted Monday by the court granting me full custody until the final hearing. I was advised that this is effective immediately. The defendant has not been served yet and our custodial exchange is this evening. As he has not been served yet, am I required to make the child available for... View More
answered on Jul 28, 2017
Based solely on what you've written here, and without having the opportunity to review the order, it appears that there should not be a custody exchange. Have you considered having the police on hand to serve him at the exchange point? If you try that, I'd suggest that you not have your... View More
answered on Jul 17, 2017
The best answer is I don't know, maybe. The challenge is you don't give enough information to make an informed judgment. Usually, you can arrange a domestic standby with the police to get to the house and get your things. If its disputed property they will side with the person in... View More
I have a PFA for me and my kids against their father. At this point the Final PFA was issued with NO CONTACT at all. Since it says NO CONTACT does his fiance also have to follow that rule? She continues to text my phone asking me if SHE can see the kids? and if SHE can have some time with them. She... View More
answered on Jul 9, 2017
Usually PFAs include language that prohibits contacts by third parties on behalf of the defendant. I have no idea how you can determine what her motivations are so you can tell her to stop contacting you or, if the children want to see her and that's okay with you, perhaps schedule a social... 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.
