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.
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 »
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 »
While you may be held liable for your duties under the lease, if you leave the home to protect yourself from actual domestic violence, and if your ex doesn't pay the lease in full and on time, your landlord might pursue both of you in court for breach of contract and any owed monies (or your...Read more »
The State will be prosecuting him. Once a person calls 911, or maybe someone else did, and the police get involved you do not have the power to press charges. The prosecutor may take your thoughts into consideration on how the case is resolved. If your request is counter to what they think should...Read more »
His ex-wife who had him arrested is even willing to appear in court with him because she knows that what actually happened back then in no way justified a DV charge and subsequent conviction....Please advise....Thank you
He may be able to have the charge vacated. More facts are needed such as what type of DV charge? Was it a felony or misdemeanor? Were the terms of probation completed? If the DV charge was a misdemeanor, the answer is probably. If it was a felony it may be vacated depending on the charge. I...Read more »
My husband and I have been married for 5 years 3 children under 8. First we had a verbal disagreement he was ordered to stay away for 8 years. Now a few months later he was caught in violation of the plan. Also there was contact with me but NO hitting punching slapping. He was ordered to stay... Read more »
As the protected party you will need to go before the court that issued the NCO. Some of the procedure depends on if the order was issued via a criminal case, an anti-harassment case or a family law matter. If the NCO a final order or pending the outcome of a criminal trial or divorce decree?...Read more »
A restraining order forbids the restrained party from violating its' conditions. The party who sought the order is not under any restraints. That means if the person who filed the order contacts the restrained person nothing will happen to them. The restrained party till cannot contact that...Read more »
Someone accused me of pushing my wife. Both my wife and i are disabled. Aps came into our home and interviewed both she and I. later on, the same day, the cops were called, and did a wellness check. They said, " no sign of abuse." What happens next?
The next step is for a prosecutor to review the case for a charging decision. That can be quick or a lengthy period of time. If the decision is made to prosecute you will receive notice in the mail. This notice will tell you in which court to appear and what charges you face. If the prosecutor...Read more »
Are there any orders from the court preventing you from being in the home? If not, the likely answer is that you can go back to the house. If the house has been the family home for the three years of marriage and there is not a court order preventing you from going back you have as much right as...Read more »
Few years back my girlfriend and I were drinking at a bar, and we started arguing, there was many cops there (they have video evidence) and i got arrested for 4th degree domestic assault. We got issued a no contact order, which the judge dropped on my court date. I was told I need to go to a... Read more »
If the court already ordered that the classes need to be completed than I doubt a lawyer will be able to convince the court to drop it. The court may become frustrated that the order was not followed and order the case closed provided you get penalized. It would be a good idea to speak to an...Read more »
The police refused to listen to the details of what was really happening that night. He was in fact PROTECTING me, not hurting me in any way - but based on what they thought was happening, they arrested him for domestic violence. The judge, then, after reading the police report, deemed that I was... Read more »
Different courts work a little differently. You may want to call the court clerk's office (or go there) and ask them what the procedure is. Also, you can talk to you his lawyer (the clerk can tell you who that person is) and they may be able to give you some direction, although they won't...Read more »
You should contact a criminal attorney in your area and go through the charges. It looks like a Violent Felony with a no contact order for domestic violence plus underlying charges. But, again, contact a criminal attorney and ask him or her what it is about and decide what you want to do....Read more »
Neither one of us called the police. The call came from a friend in another state. I told the police i did not need help when they came and asked them to leave. They claim i made a statement but i dont remember due to me being drunk and impaired off my medication. Just as i was when this so called... Read more »
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