Domestic Violence Legal Questions

The two simple assaults are Class 1 misdemeanors, which are each punishable by up to a year in jail or a $2,500 fine or both, although it is extremely rare for the maximum penalty to be given, unless he has a lot of priors or something.  Of much more concern is that strangulation charge.  If he was charged under Virginia Code §18.2-51.6, that is a Class 6 felony, which is punishable by imprisonment for one to five years or jail for up to 12 months and a fine of up to $2,500, either or both.  But a felony conviction also revokes many other rights, such as being allowed to vote, to sit on a jury, to work as a notary public, or to own firearms, but more severely it will make it much harder for him to find employment in the future.  These penalties are much worse than any time he may serve.  I hope that if he has not already hired a good lawyer, he does so immediately! 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

Overturn it?  Probably not; you do not indicate when these events happened, but you give the impression they were some time ago, and it is probably too late to directly challenge it. That said, you may be incorrect as to the legal implications, for firearms, adoptions, etc.  I suggest you re-direct your question to criminal defense counsel, who can advise you as to the imact of the conviction, and your options for sealing or expunging it.... Read Answer

This is more of a criminal law question than a family law question -- it would be whether there is any record of the incident ever occurring, and what if anything you need to report on employment applications, etc.  I can't tell whether what you describe really qualifies as an "arrest"; certainly, there was no conviction.  As to whether any record exists, I suggest contacting a criminal defense attorney and asking that question; if so, you can ask whether there is any need, or means, of sealing it.... Read Answer

Legally, it's your car and yours alone. It was a gift and you have never done anything to change that status (e.g. jointly titling it). That being said, your local police, if called, would likely say something like "Ma'am, you're married, so everything is joint property." If you want to protect your interests, you may have to file for divorce.... Read Answer

Your questions are not really family law questions -- they should be asked of qualified criminal defense counsel (or perhaps the DA doing the prosecution, which is where you should start), and you may need to confer with one in each relevant State -- it is doubtful that a Vegas lawyer will be truly informed of policies governing CA drop policies.  Joke or not, do have the TPO in place -- it gives responding cops a head's up as to who is who, if nothing else.  But yes, you are still primarily responsible for your own self-protection.... Read Answer

This is more a criminal law than a family law question.  Technically, you cannot drop charges, because you do not file charges.  If you wish, call the prosecutor and see whether they plan (which is likely) to recommend suspending prosecution for a year and upon "good behavior" (no other charges, and maybe some DV classes) drop the charges.  If not, you need to consult with criminal defense counsel.... Read Answer

This is not so much a family law question as a criminal law question.  I strongly suggest you find a way to obtain assistance from someone who does a lot of low-level criminal work (this is not meant to offend, only indicating that, a you suspect, the problem might be minimized if you know how to handle yourself in the system).  if you rally cannot afford counsel, consider a call to the local Pro Bono provider --  the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid, but Legal Aid also offers clases for folks with legal problems.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.... Read Answer

This is not a family law question (at least not immediately) but a criminal law question, and you should re-direct your question there.  In the bigger picture, however, what you describe is no way to live, and I suggest that you call and speak with one of the two domestic violence shelters in Las Vegas to find a way to move on with your life without such events.  See: http://willicklawgroup.com/domestic-violence/ Then you might want to speak with a family law specialist about the bigger picture of whether this relationship is one that you really wish to remain in.... Read Answer

If there is a warrant for your arrest, you should turn yourself into the court, not the police. Do not go to court without an attorney.  By turning yourself in on the warrant with an attorney, you are less like to face any significant bail. If the facts of the case involve serious injury or you have a long default history on prior cases you will need an attorney to argue bail for you. Understand that just because the victim does not wish to prsue the case, it does not mean that the prosecutor will drop the case. You will need an attorney to assist you in getting the case dismissed. For further information on warrants and domestic violence see the blog section of my website listed below.... Read Answer

You have been ordered to appear in court and testify. Whether you appear or not is up to you. However, if you do not appear, the Court could issue a petition for rule to show cause, so that you show up and explain why you did not appear.  If you are found in contempt of the order, you could be sentenced to jail or pay a fine.    ... Read Answer

Why have you not called the police and hand him arrested??? In addition to pressing criminal charges, go to your local county courthouse.  Tell the clerk you need to file an injunction for protection against domestic violence, and the clerk or other court personel, can help you fill out all the appropriate paperwork for the Judge to enter the injunction, which will prohibit him from coming near your home, work, school or any other place you may be or be subject to arrest.... Read Answer

With regard to the injunction, if the court grants a temporary injunction, there will be a return hearing set in which you can present your side of the case to a judge who will then decide if the injunction should be granted or dismissed. In the interim, do not have any contact with your wife, no email, no text, no phone call, no third party contact, nothing. As for the incident with the vehicle, call the police and ask to speak with the supervisor of the cop that told you they could not make a case without any witnesses.  You area witness and your sworn affidavit IS evidence. If your wife has filed a domestic violence injunction falsely, that can be used against her later in the divorce when the court is determining the best interests of the children. You should get a lawyer if you don't already have one, it sounds like you are going to need it.... Read Answer

Based on the facts you described the case does not sound serious.  I assume neither you nor your girlfriend were arrested for domestic violence. I would contact an experienced criminal attorney.  It may be the kind of case that could be dismissed on court costs without any guilty plea.  I certailnly would not walk into court and plead guilty without consulting an attorney to review the police report and your version of the facts.... Read Answer

   Don't you just hate when you're trying to earn a living and some lawyer just doesn't care and subpoenas you to appear in court?     Here's the first step.  Call the attorney who subpoenaed you and see if there is some way you can work this out.  If all parties agree you may be able to appear through technology, or have your video deposition taken in advance.   If the lawyer is unable or unwilling to work with you, then you should request a protective order from the court.  I suggest you contact the judge's judicial assistant who may be able to hep you schedule a hearing before the judge.  I suggest you have some documents showing that you must be out of town during the time you are under subpoena.   Hopefully you can work this out. 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   HE... Read Answer

If she alleged that you choked her, it is likely that you were charged with Assault-Family Violence-Choking (or Impeding Breath). That is a 3rd degree felony. The range of punishment is from 2 years in prison up to 10 years in prison (also a $10,000 fine).  The short answer to one of your questions is that it is frighteningly easy to be arrested and charged with a felony offense. Many times all it takes is a phone call and an accusation. Obviously, that's all it took in your case. You have a very defensible case, based on the facts that you have provided. What you need to do is hire a good defense attorney who will fight on your behalf to get this case No Billed, dismissed, or acquitted.... Read Answer

Domestic violence upon a pregnant woman is unacceptable and you should not blame yourself. It does not matter if you were emotional, or hormonal, nothing justifies domestic violence on a pregnant woman, or any woman for that matter.   The State Attorney has the final say in whether to pursue criminal charges against the defendant and while you can submit a "request not to prosecute" the State Attorney will make the final decision, not you, on whether to proceed with criminal prosecution.... Read Answer

A DV arrest is never a good thing going into a possible custody dispute, but from your description, it also will not be the defining event.  First, look over the explanations, materials, and resources posted at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/domestic-violence/ Then your very best bet is to consult with a family law specialist, who can analyze your specific facts and circumstances, and advise you of what to expect, and what actions you might take to obtain a result acceptable to you.... Read Answer

Depends on the circumstances. The key issue here is "knowledge".  Knowledge has multiple definitions in Illinois. There is "Actual Knowledge" and there is "Constructive Knowledge".   Most crimes only require "Constructive Knowledge", which is based on whether a person "Knew or should have known" the main issue.  Charges may be possible based on what the helper knew or should have known at the time they were getting the clothes.  It also depends on what specifically the Helper did to get the clothes.      ... Read Answer

The order probably prohibits bf from having contact with gf. It does not prohibit gf from having contact with bf.  The order is against the bf.  That's the most common scenario.  Whether that actually is the scenario or not requires a careful examination of the court file.  ... Read Answer

You should talk to an attorney. Depending on what specifically was dismissed and what the order specifically said, you may not be in the clear.  There are also other factors to be concerned about, such as whether you are also prohibited from contact due to bail, or whether you are prohibited based upon parental notice that you are not to contact their child. ... Read Answer