Domestic Violence Legal Questions

Not sure I understand your quesiton. But, in California, its up to the DA's office whether or not to file charges against someone. If the DA's office has decided to file charges against, your are forced to deal with it. If you are able you should shire a lawyer as soon as possible. It may be possible to have those charges dropped before things go to far.... Read Answer

I suspect it means that there is a review of the status of the case prior to the trials at which the parties (defendant and prosecutor) have to be present. This is done to see if the case is resolving or if a trial really is necesary. The prosecutor should be communicating with you about these things and keeping you informed. ... Read Answer

If you are convicted of violating a restraining order, there are a number of penalties you may face, including, but not limited to having a criminal record, paying a variety of fines, probation, imprisonment and/or jail time of not less than 30 days.  Since this is a first violation, the prosecutor may consider downgrading the offense to a disorderly persons offense.  The attorneys at Weinberger Law Group offer a free initial one-hour consultation.  Should you have additional questions or desire representation in Court, call today to schedule your appointment.... Read Answer

It depends on a number of things, if I understand your question. If you are saying that the witnesses are currently not around buut might surface later, then of course it makes sense to insist on the earliest possible trial date. If the wirtnesses are likely to never be available, then it does not really matter how quickly the trial is set. ... Read Answer

   You need to obtain an Injunction for Protection Against Domestic Violence (Restraining order) immediately!  Go to your local county courthouse and ask  for the domestic violence intake unit as you need to file a restraining order.  Most counties have intake clerks who will help you fill out the paperwork.    If you state specifically what physically violent acts your boyfriend has done recently, or what threats of violence he has made against you, and if you state that you are in fear for your safety, then this petition is taken to a duty judge.  The judge will review the petition and if your statements meet the statutory criteria then the court will enter an injunction, without a hearing.   The Court clerks will then ensure that the signed injunction gets to the local sheriff for service.  They will also give you an emergency copy of the order that you can keep with you until your boyfriend is served, and provide you with other information about the injunction.  Once your boyfriend is served he will have to leave the apartment and stay over 500 feet from you or risk arrest.  However, for your own safety, stay away from the apartment until the injunction is entered and he is served by the sheriff and required to leave the apartment.     Under Florida law, a return hearing must be set within 15 days of the entry of the initial injunction.  At that time both your boyfriend and you will be able to present testimony, witnesses and evidence before the Court.  The Court can then keep the injunction in place indefinitely, keep it in place for a specific period of time, or dismiss it if the Court does not believe you have proven your case.       Please protect yourself...nobody has a right to abuse anyone! Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Ste. 301 Plantation, FL 33322 954.316.3496 info@vovalaw.com  ... Read Answer

It is probable that the only way you will have a chance of getting your personal propety back is to hire a lawyer to sue your boyfriend for return of the property. It is a very difficult situation, but of course the criminal charges you are facing shoudl be a first prioity as the result of that case can affect many things in your life int he future. ... Read Answer

Once charges are filed the matter is in the hands of the State. Not wanting to "press charges" is no longer a decision that you can dictate. However, you may talk to the prosecuter about the case and get some relief. Prosecuters' really do not want a reluctant "victim" witness. Anyway, if subpoenaed, you are bound to testify as to wht happened or you may be held in contempt. Get your boyfriend a lawyer.... Read Answer

  As to the injunction for protection against domestic violence, at the conclusion of the case you should have received a copy of the order of dismissal. at that point the injunction is no longer in effect and you can (cautiously I might interject) speak with the other party.   However, if a no contact order was subsequently entered, then you must comply with the terms of same.   best of luck, Cindy Vova... Read Answer

Hello,   You won't be able to postpone the Final Restraining Order hearing indefinitely. Perhaps you will get one week, but probably not more. The FRO hearing is supposed to occur withint 10 days of the TRO.   Please call if you are interested in representation. Edward Zohn, Attorney at Law 908.791.0312... Read Answer

Unfortunately, your question is not family law, but a cross-over from criminal to immigration.  You should independently verify with the DA that the event led to a felony charge, and then verify with immigration counsel whether such a charge (or conviction) will result in likely deportation.  Given recent political changes, if anything, that result is becoming more likely.... Read Answer

It is unclear what question you are asking.  If you are "shopping" for lawyers, and do not know people who can make good personal recommendations, consider looking them up on a service such as lawyers.com or avvo.com. As to divorce and domestic violence, you should review some background information first. Please look here and here, and be careful.... Read Answer

Colorado law requires that a person arrested for a domestic violence offense remain in custody until they can physically be taken before a judge to set bond and also so the judge can explain that they are ordered to have NO CONTACT with the alleged victim.  That means your son will not be able to live in the same household as or have any communication with his wife - at least for a while. If the son is not a named "victim" (i.e. he is not also charged with child abuse, as an example) then the judge should be asked to make visitiation arrangements temporarily while the NO CONTACT order is in place. This is a complex and difficult legal situation and he should hire a lawyer as soon as he can. NOTE: The alleged victim does not control whether the case goes forward or how strongly it is prosecuted - but they do get to have "input" with the prosecutor so their wishes are known. ... Read Answer

A successfully compelted deferred sentence results in a case being dismissed and no permanent conviction entering.  You should confirm that is what occured (call your lawyer, contact the court where the case was, etc.). Also, please note that once a case is dismissed the record can be sealed (by filing the approrpiate petition, paying the appropriate fee, etc. - go to Colorado State Judicial website and locate the "seal my case" forms). If the case was dismissed, it is worth doing the work to seal it. ... Read Answer

I'm sorry, I do not understand the question - being in a car in front of someone's house does not amount to robbery.  Acting suspiciously does not amount to a crime.  To charge you with some crime there must be some type of proof - even someone's verbal statement - saying you did something illegal.  I do not see anything amounting to a crime in what you describe.  ... Read Answer

It is unclear to me exactly what you want accomplished BUT if it is removal of the "no contact" or "protection order" it depends on what type fo order it is.  If it is a part of a probation you are on, then when the probation ends, the order will end.  If it is a separate civil protection order, one cannot try to modify or remove those except every two years, under some very strenuous and difficult to meet conditions.  You need to talk directly to a lawyer who can look at the paperwork and court orders and properly advise you. ... Read Answer

Your question is a bit unclear, in that the connection between "Miranda rights" (the right to counsel and to not be questioned without it, etc.) does not appear to be involved in the rest of your narrative.  However, for everything in the general field, you are looking (I think) for criminal defense counsel -- and there are some excellent criminal defense lawyers in Nevada.  Try looking in Avvo, or at Martindale (lawyers.com) or call any other kind of lawyer you might know for a referral to such a specialist.... Read Answer

This does not appear to be a family law question, but the short version is that warrants are court orders and can only be altered by judges; if you have a lawyer in the case in question, the lawyer can file a motion or otherwise make a resuest.  Things are different to some degree btween "civil warrants" in civil cases, and criminal warrants in criminal cases.  You should consult with your counsel, and if you do not have one, get one.... Read Answer