The accused person will often go to jail. However, it is not uncommon for the alleged DV victim who called 911 to end up going to jail. When the police investigate, people often unknowingly admit to crimes when telling their side of the story.
I wrote a statement against my boyfriend in which I lied on I was angry at the time now he’s facing some time I’ve tried calling and asking for help on what to do I really need help he didn’t do the things I said he did
Sorry to hear. You need to call a criminal defense attorney ASAP to help you navigate. Most of us offer free phone consultations. Making a false police report is a crime that could result in life changing consequences for yourself if you are not careful.
Even if he didnt press charges or participate in the municipal case against defendant/girlfriend? Ok he got a summons to appear at my MTR hearing to testify for the state. This is not the municipal where the charges are. This is an MTR hearing that is scheduled for another reason having nothing to... Read more »
If you are asking if a DA can subpoena an alleged victim or witness to testify in a case than YES the DA can do this. There are different ways or methods of getting a subpoena to a person so if the person that is being asked to testify has questions about their rights that person should consult... Read more »
How much is it going to cost and how do I file federal statutes of limitations is way ben up
Restoration of your firearm rights, vacating, sealing or expunging your record can all be done in Washington State, but definitely depends upon your history. You can complete the firearm restoration in either the county where the offense was committed, or the jurisdiction you are currently living.... Read more »
Serve no time. My disposition states no further action anticipated restrict. Can I obtain a conceal license?
It looks as though the offense was out of Georgia? I advise you to speak to an attorney who is licensed to practice in the state of your offense. The answer would depend on what type of battery (assault) If you were convicted in Washington. If the charge included Domestic Violence or was a... Read more »
This has now caused me to miss court date as I never received any info on court date or what allegations I was. Looking at. I call the court and was told officer had done the service but never received any paperwork
Sorry to hear. An attorney can file a motion to reconsider for lack of service. You should contact an attorney ASAP.
Is there anything he can do to fix this? If not what is in store for him? I still want to be with him and am so afraid that we won’t legally be able to. He hasn’t hired a lawyer because he can’t afford one... I myself have filed to get the no contact order dropped and we have a court date in... Read more »
Be very careful. If you attempt to change your story, you could be charged with making a false or misleading statement or obstruction of justice. Also, remaining in contact with your boyfriend puts him at risk for a violation of the No Contact Order.
Someone called the police on us and when they arrived @ his apartment I was packing my things to leave and didn’t want to speak to them at all but they kept pressing me for info and had kinda made up their minds up about what happened before they got there. We now have the mandatory protection... Read more »
It is absolutely crucial that he is represented by an experienced criminal defense attorney and that same attorney can advise you if you want. However, there are issues that you should consider separately and I believe that you should have a consultation with an attorney on your own so that you... Read more »
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You don't have the ability to ask or compel the police to include or exclude anything from a report, all you can do is collect all the information available from whatever source you can and then if it is relevant to your situation and defense then you hire an attorney to present this evidence... Read more »
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Things of this nature are unfortunately common with domestic violence. For this reason, it is important to be defended by a criminal defense attorney with domestic violence experience.
Assault 4 does not require an injury. The contact only needs to be considered offensive.
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The prosecuting attorney has discretion on who to charge after reviewing the available evidence and has no obligation to charge anyone. If you are facing criminal charges, the fact that your boyfriend was the main aggressor would be relevant to your defense. You need to be represented by a criminal... Read more »
Is this possible with him being in jail
Yes, it is possible to divorce your husband while he is in jail. You will need to serve him, in jail, with a divorce petition and follow procedures required by law. You should hire an experienced divorce attorney in your state to help with you with the process.
There has to be an agreement from the prosecutor to quash a warrant OR the person needs to present him/her self to the court and ask to quash the warrant. These are the best ways to do it.
If you are thinking about taking a document to the clerk and asking him/her to ask the Judge to sign... Read more »
To add: if we get competing orders, will we both be ordered to leave the residence?
Hi, in that scenario, you would both be required to remain away from each other. However, the law disfavors competing protection orders so once a final hearing is scheduled, a judge will determine who gets a final order. These usually last one year.
DV from 20 years ago is restricting me from employment.
Washington State does allow for vacation of certain DV convictions. Having the conviction vacated and the charge dismissed will clear your record and increase job opportunities moving forward. Please reach out to an attorney who can review your criminal history, the specific DV case and other... Read more »
Different courts handle these differently. First if there is a public defender on the case, ask her or him what the process is. If not, or if you don't know who that is, then call the court and ask them the procedure. You can do this without a lawyer and there are no costs. But if there is a... Read more »
A DV protection order is petitioned for and controlled by the party seeking the order (petitioner). A criminal no contact order is entered by a Court typically at the request of the State (prosecutor).
If it is indeed a protection order, then you should be able to go to the Court house and... Read more »
Criminal no contact orders in Washington State have language in them that makes the order enforceable everywhere in the United States (including D.C., Puerto Rico, and any U.S. Territory).
It would be in your best interest to contact an attorney to assist you and your girlfriend in... Read more »
The state is trying to prosecute a DV4 case, what are the possible consequences if the reporter recants and tells the judge it didn’t really happen?
Let's start with, this isn't the judge's first rodeo. Credibility of the recantation will be at issue.
Next, you're question needs to be put in the context of where you are with regard to trial and sentencing.
If you are pretrial, the goal would seem to be to... Read more »
Husband is emotionally abusive and has been physical 2 times with me. He is terrible to my dog (hits him, threw him once). I’ve grown to hate him, and during one incident I feared for the safety of my son (emotional well-being too)
You might be able to seek a restraining order, child custody, child support, spousal support, and attorney's fees, depending on the facts. You can report domestic violence to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an... Read more »
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