Domestic Violence Legal Questions

In short yes you can. You can represent yourself in a criminal case and file your own motions but it is not advised.  You are always better served with an attorney, whether it be a private attorney or a court appointed attorney.  If you do file your own motion to dismiss you must understand that by filing a motion to dismiss you are stipulating to the facts in the police report.  Which means if the police report alleges that you had physical contact with someone against their will, you are agreeing with that fact.  In a motion to dismiss you are arguing that the police report does not establish a case against you based on the facts within the police report.  For example, if a police report states that you went to an individuals house and walked up to them and then just turned around and walked away, you would be best served filing a motion to dismiss and arguing the police report does not have the proper facts to establish a battery.  In that instance you are saying based on the facts in the police report there is no evidence of a battery taking place.  In the motion you stipulate to the facts of the police report and say there isn't enough to establish a case for battery.  On the other hand, if the police report says you did all the above but also punched the individual in the chest then by filing a motion to dismiss you are stipulating to the fact that you punched the invididual.  The bottomline here is that you will be much better served with an attorney handling your case.  They are trainded to file motions and make the proper legal arguments on your behalf.... Read Answer

I assume that you are not married to the person who is the father of the fetus. If he is harassing you, then you may have cause for a restraining order.  If he hurts you physically then you should immediately go to the police to make a report. If you are an illegal immigrant, you can still do this. When you have a child and are not married, you will need to file a 'paternity action' in the Family Court to address custody, visitation and support for the child--this is usually done when the child is born, but may be done before.  ... Read Answer

You have a right to notice and opportunity to be heard. If an order was made before you were properly served with the paperwork, then you are able to go to court to set aside the order. However, if you were arrested, it is likely the order will be reissued. Also, there is something called an Emergency Protective Order, which is a domestic violence restraining order that can be issued by a judge at the request of the arresting officer. It is aslo possible the criminal court issued an order when you were arrested. So, the first thing you need to find out is what type of restraining order do you have? It could be a civil order (either temporary or permanent), a criminal order, or an EPO. Take whatever paperwork you have and get a consultation with an attorney.... Read Answer

  I am sorry you are going through this, and even sorrier for your children! This mother should be ashamed of herself and what she is doing to the children.    As to your question, it is not illegal to videotape someone, particularly when she knows you are doing so, which should be obvious.  However, perhaps a better "fix" to the problem would be to do the drop-offs and pick-ups at a public location, even a police station where, perhaps, your ex will be less likely to create a public spectacle.  If the mother will not agree to this, then if might be time to head back to court and get a court order requiring the exchanges of the children at a public place.  With a few choice videos the mother may talk herself out of  more than just changing locations. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496... Read Answer

Hi There,   An expungement can only be obtained if: you are found not guilty by the court (acquittal or dismissal); the charges are withdrawn (nolle prosequi) by the Court on a motion by the Commonwealth; where an individual’s name is used in error; or the individual obtained an absolute pardon from a Virginia Governor. To find out more, you can visit the guide I just recently published on what you need to know about criminal record expungements in Virginia  http://www.avvo.com/legal-guides/ugc/what-you-need-to-know-about-criminal-record-expungement-in-virginia?published=true. ... Read Answer

I need more information before I can answer that question. If you have just filed a PFA against your mother, then your mother would be evicted from the residence should you prevail. However, it sounds like you are describing a situtation where your mother has also cross-filed a PFA petition against you.  In that case, you would only be evicted from your home if your mother's petition is granted and your petition is denied. The policy of the Protection from Abuse Act is that the victim and the abuser should not be living in the same residence.  Hence, if the parties share a residence, the party found liable for abuse will be excluded from the residence.... Read Answer

Your inquiry raises a lot of questions.  How long were you away, that all of those things (canceled tickets, expired residency card, etc.) could have happened? In any event, if you know what county your husband is in, it is pretty simple to find out whether a divorce complaint has been filed there.  You do not need to be here to contest such a divorce, but it would be far easier to do so if you have an attorney actively participating in the case. For background, see http://willicklawgroup.com/divorce/.  But what you really need is to hire a lawyer to protect your interests.... Read Answer

Well, technically, the "courthouse" does nothing, but the short answer to your question is "yes."   In Nevada, the standard for TPO issuance is "to the satisfaction of the Court."  A pretty light standard.  See http://willicklawgroup.com/domestic-violence/. If you have additional evidence that the car tampering is related to your ex, or of some other incident relating to him, submit it.  If you believe that the TPO denial was in error, consider consultation with a family law specialist.... Read Answer

Your question is not clear -- if there was no order in effect, then it is hard to see how or why you were arrested for violating it.  You appear to know the difference between an expired order and a dissolved order, although NEITHER should support any further arrests. All that said, your question is not really a domestic relations/family law case; TPO violations straddle the line, but are more akin to quasi-criminal proceedings, and you should probably look for a referral to a criminal defense lawyer familiar with TPO issues.... Read Answer

This is not the kind of question that should be answered on-line from just a brief question, because in any criminal case you need a lawyer representing you there in court and you should consult with that lawyer to determine how best to plead.  In many cases a plea arrangement can be worked out with the prosecutor, so that you will know ahead of time what it going to happen and you don't have to worry and wonder what you should plead.  If you cannot afford to hire a lawyer, the court will appoint one for you.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

It depends on the situation.  If you were paying rent, then you are probably legally a tenant and would have rights under the law to receive prior notice and the owner of the property would have to go through the legal process to have you evicted, if they had good cause.  If however, you are a guest staying in someone else's home, then you can be asked to leave at any time. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Your opinion of the accuracy of the witness statements may be important for your lawyer to know, but are unlikely alone -- even if completely correct -- to have much effect on outcomes.  You need criminal defense counsel, and quickly.  Meantime, say nothing to anyone until you get some solid and reliable legal advice.  Treat this situation as one that could alter the shape of your future -- because it could.... Read Answer

I changed your tags to Civil Rights, Civil Litigation, and Discrimination as those areas are more closely related to your topic.   As far as "which lawyer" can help you, generally I would suggest a civil lawyer that has experience in administrative law and civil trial work related to this type of case.  I have handled a number of cases involving Exceptional Students, both at the administrative level (school board hearings, developing IEPs, and review stages), and litigation related to the failure of the school complying with the IEPs etc. IEPs and related programs are a specialized area that deal with aspects of administrative code (school board regulations), state law (see § 1003 et seq., Florida Statutes, which deals with K-12 education), Federal law (see Title 34 of the Federal Code), and it also deals with discrimination and Civil Rights as the right to education is protected under Federal laws including the Americans With disabilities Act. Make sure the attorney that you hire has experience in those areas in order to ensure that your son or daughter is adequately represented during each stage of the process.    ... Read Answer

No, a lawyer is not required but is recommended for most cases, especially when the opposing party is represented by a lawyer.    If you cannot afford a lawyer, than you may receive counsel through the DOVE project which offers legal counsel to victims of the domestic violence.  You need to contact your local domestic violence service agency.  To one find an agency close to you, you may call 1-866-644-3574.  You mayalso consider calling the NH Bar Association Pro Bono Referral Service.  Their number is 800-639-5290 or 603-224-3333. Best wishes, Kevin Rauseo... Read Answer

This is a terrible situation for you.  If she presses charges, they would most likely be under the Family Violence law in Georgia.  This carries more harsh penalties that if it were a random person you got into this altercation with.  You definitely need to have a lawyer ready if she does press charges.  ... Read Answer

You cannot expunge convictions.  In Virginia you can only expunge a criminal record if you are "actually innocent" meaning that the charges were dropped, you were tried and found not guilty, or the case was "otherwise dismissed."  Unfortunately, any convictions will be part of your permanent record. If the case was a felony, you can petition the governor's office for a pardon and/or a restoration of your rights. The restoration of rights, such as the right to vote, to serve on a jury, to become a notary public, and in some cases the right to possess firearms, are pretty routinely granted. Pardons are much more rare. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer