answered on Aug 19, 2019
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... View More 
answered on Jul 25, 2019
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... View More
answered on Jul 16, 2019
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... View 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?
answered on Mar 5, 2019
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... View 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)
answered on Dec 26, 2018
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... View More
What can I do to get off lease without penalties?
answered on Dec 24, 2018
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2018
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... View 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2017
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2017
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?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2017
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... View 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2017
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... View More
Because he goes to see her and stays gone all not and i did not want to see him do that in front of me. Do I have a right to go back to live at the house
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2017
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... View 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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2017
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... View More
the child is suicidal and the parent the primary cause. the child is 16 turning 17 in February 2018
answered on Jun 5, 2017
The short answer to the question is yes. But please seek the counsel of an experienced immigration attorney to help you do so.
From previous relationship before you. To use in court against your abuser?
answered on Apr 13, 2017
Well, conviction history is public record. One easy way to get it is to order a WATCH report from Washington State Patrol. You can do it on line at WSP's website, I think they charge ten dollars.
If there were no criminal convictions, there may be sources of court documents from... View 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... View More
answered on Feb 7, 2017
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... View More
answered on Feb 3, 2017
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.... View 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... View More
answered on Dec 12, 2016
A no contact order has to have an expiration date. Could be (in your situation) 5 years, or 10 years. They also can be modified or lifted earlier than that by a judge.
Why the charge was filed, why the NCO was imposed, and what is likely to happen with the case are all complicated... View More
Character attempts to kidnap child, is caught and arrested before he can succeed. Child is unharmed. Character confesses a sexual interest in the child, however, has committed (nor attempted) no prior crimes whatsoever. Any information about this proceeding will be helpful, but specifically my... View More
answered on Oct 9, 2016
An attempt to commit a crime is still a crime, so attempted kidnapping is the likely charge. Possible penalties are set by state and/or federal law, and any sentence would be within the range allowed by law. Predicting the actiual sentence would be impossible.
I moved cuz I couldn't afford to live there , my gf is the one that called the cops on me cuz I pushed her but where still together she called cuz she was mad & now regrets it .. is there any way they could move court to the state I live in know or do I have to go back ?
answered on Sep 4, 2015
When you fail to appear a warrant for your arrest will be issued. They cannot move the criminal case to where you live not. You have to go back.. The best thing to do is hire a private criminal defense attorney there.
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.
