Domestic Violence Legal Questions

Generally speaking, the owner of a home can legally revoke authority for somebody to enter their property if that person is not also an owner or lease holder.  Subsequent entry constitutes trespass to real property or trespass to residence and is usually dealt with by law enforcement after a call to the police.... Read Answer

There is not enough information in your question to give meaningful answers, but there have been several prosecutions recently of men who have planted cameras in various locations of homes and offices; your inquiries should probably start with the police.  If you are reluctant to involve the authorities, for some reason, you should consult with an attorney and explain why.... Read Answer

I am a board certified internist and an attorney in S.C.  Once you filled out the report and signed it the case belongs to the state of S.C., and your husband will be charged and prosecuted by the state.  I would suggest he hire a criminal lawyer, like me; but I do not solicit clients. This answer, in fact, does not create a lawyer/client relationship.   Regards, Michael G. Sribnick, M.D., J.D. Attorney at Law www.michaelsribnicklaw.com... Read Answer

It depends on the nature of your case.  If you beat up a pregnant lady, you're much less likely to get away with just probation and a fine than if you committed an aggravated battery based upon the victim standing in a publlic location.  You really should be trying to avoid a felony, not trying to avoid jail.  ... Read Answer

You likely have conditions of bond on you that requires you to have no contact, direct or indirect, with the victim.  If that is the case, then yes you are breaking the law, even if she sought out the contact.   Depending on how you are "watching" your son, you could also be in violation for having contact with the minor child and/or stalking.    Please review your conditions of bond/order of protection.   Most of them have a section in bold that sets forth exactly what it is that you are prohibited from doing.  Violations of orders of protection are considered crimes of domestic violence, which means your subsequent violation could be used against you at your current domestic violence trial.    ... Read Answer

I suggest you hire a private defense attorney.  Perjury is a felony that carries with it the potential for imprisonment in the penitentiary.  A private defense attorney can let the State know that the domestic altercation charges are not justified, without having you directly saying it.   ... Read Answer

  If you obtained a Restraining Order against your significant other, you can, at the time of the hearing in the civil case, advise the judge that you wish to dismiss the case and usually the court will do just that.  However, you indicate that she was charged with domestic battery, which is a criminal offense.  If that is the case, then you should speak with the prosecuting state attorney.  In some counties the state attorneys may drop the case if the victim does not want to pursue the charges.  However, other counties will still prosecute.  You are, of course, the prime witness, so to a great extent, your testimony may determine the outcome of the case if the prosecutor wishes to proceed. Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com    ... Read Answer

You should consult an experienced criminal attorney before any hearing. If you were ordered to appear for a Clerk Hearing you may be able to stop the criminal process before a complaint issues and avoid a criminal record.  If you are ordered to appear for a criminal arraignment then it will be more difficult to stop the criminal process. As for the facts, if they are as you described, then you can claim self-defense at a trial. There are other ways to stop the process without litigating a self-defense issue at trial. For a more detailed explanation consult an attorney or review materials on my website, www.johnedevito.com.... Read Answer

Get an attorney to help you if you can.  If you cannot, go to the superior court in the county in which you live, find the clerk's office, and ask for forms for a restraining order to keep the guy away from you.  Once you get the restraining order, the police will help. If you are suffering physical abuse or he is locking you up, call 911. Good luck, and sorry for your problems.... Read Answer

Your best bet would be to call the Prosecuting Attorney's office and speak to their victim's advocate to make your feelings known.  You might also want to consider signing an affidavit of non-prosecution stating that you don't want charges against your boyfriend filed and are not willing to cooperate with the prosecution. This answer does not create an attorney/client relationship. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com... Read Answer

If the other person has filed a domestic violence restraining order against you in court...you will need to appear as needed and prepare a detailed response rebutting each allegation she made.  If you have a hearing, it would be advisable to bring the evidence that she lied with regard to these accusations as well as witnesses.... Read Answer

You could call law enforcement.  You could also file for an ex parte order barring the individual from contacting you.  Your circuit clerk's office would have the application for the order. Thank you, Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.com This answer does not create an attorney/client relationship.... Read Answer

If this is a matter in Westchester County, you can call me to discuss this at (914) 527-5367 and/or check my website at RichSweeneyLaw.com. It sounds to me like there will be an issue of evidence. Make sure you keep any hospital records, recordings, texts, e mails and any other proof of what he has done to you and your child. If you can't afford an attorney, ask the Judge for an attorney to be assigned in court.  ... Read Answer

Filing a false report is a crime. You don't specify what allegations were made that were false. If the part of the statement that was false was important, then you could be charged with filing a false report. Of course it is unfair to the other person not to tell the truth. make an appointment with a lawyer and discuss the facts and how to deal with it.  ... Read Answer

Typically, when served with a Restraining Order, you need to do a response.  This needs to be detailed with an explanation for every allegation that she states.  Since you are so far away, you could arrange for court call for the hearing--if there is one.  It sounds like it should be thrown out at the initial stage since you are in school and are so far away.  I would call the court after the initial hearing to confirm that it is dismissed. You should keep all documentation of prior attempts to file.  Also, she must file in the county in which she lives so I'm unsure as to how she could file in different courts. The way to stop it would be for you to file a restraining order against her or to have her declared as a vexatious litigant.  It can be costly to do either and time consuming.  You may want to get legal advice as to your options.  ... Read Answer

I am not sure how serious the offense(s) is/are, or whether you want a permanent restraining order in place.  If you want the restraining order dismissed, you can do that without counsel.  If there is more to your case than that, or if you want to ensure there is a permanent restraining order in place, you can of course retain an attorney, and in all likelihood, should retain an attorney, though it is not mandatory. An attorney will know what elements need to be established in court in order to ensure that the permanent restraining order is granted. If the person holds a position where they need to be in contact with others, particularly if the person works in a school, a final restraining order may be grounds for the termination of their employment. Should you want to discuss this matter in further detail, please feel free to contact me.  My contact information is below.   Best of luck, Waynice A. Green, Esq. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation Waynice A. Green, Esq. Colby & Associates, LLC 73 Church Street New Brunswick, NJ 08901 www.colbyandassociates.com 732-609-3915  ... Read Answer