Domestic Violence Legal Questions

The 'victim' never presses charges.  The state does.  The 'victim' will be subpoened by the prosecution and if he fails to appear at trial HE will be prosecuted for contempt of court (ignoring the subpoena).  It would be unusual to go to jail on a first offense but it depends a lot on the facts and the county it is in etc.  Since you qualify for the public defender, my advise is to LISTEN to your public defender......... Read Answer

Your situation is not entirely clear, but it appears that the judge hearing the TPO is sufficiently uncertain as to what is really going on that he or she wants a hearing to explore more details before rendering an order of exclusive possession or anything else.  You should certainly bring a copy of all such messages, printed out if possible, to the TPO hearing, and as clearly, simply, and directly as possible, indicate both all things that happened and all things that have been threatened.... Read Answer

It is EXTREMELY hard to withdraw a plea you have already entered.  It takes showing that you did not understand what you were doing, not just that you regret the decision now. Plus if the possible result after a jury trial is potentially worse for you, you might wish you had not withdrawn the plea. I would need a LOT more information to give a coherent answer to this question, really. Was it a deferred sentence where the guilty plea is withdrawn if you follow all the conditions of the deferred sentence? Did you actually have a jury trial where you represented yourself or are you saying you entered a plea on your own? What county was this? What was the conviction for? What was the original charge? The facts of the case of course are very important as well.... Read Answer

You could file an affidavit of non-prosecution with the DA, but a lot of counties will still prosecute domestic violence cases anyway. Did your boyfriend do something other than choke you? Did you have any physical marks showing violence against you? You also must be careful what you say to the police and the DA because making a false police report is against the law. Women who are victims of domestic violence often take back their allegations once the perpetrator is arrested. If you have concerns about how to deal with what's going on, contact your local domestic violence shelter or go to www.thehotline.org... Read Answer

The short answer to this question is, no, you cannot.  The much longer answer is that once the Commonwealth brings charges, you are no longer in control of the case.  You are just a critical witness to the case.  There may be other reasons that they want to bring the charges even if you are not cooperative (for instance they are charged with protecting the community).  You should have been assigned a victim advocate with the DA's office.  You should call this person or the assigned DA and make your feelings known.  If anyone has threatened you or asked you to change your testimony they can be prosecuted.  Also, there are mechanisms available for you to get counselling, which is not a sign of weakness, that you can avail yourself of.  I am sorry you are dealing with this stress, as a victim you have the right to be heard, make sure they are listening.  ... Read Answer

It is likely a condition of your bond that you not travel outside Colorado without permission of the court. Some counties have forms to use for that. If you are on 'pre-trial supervision' ask your pretrial supervisor about departing the state/country, and they can begin the process. Normally it takes a document that contains the position of the DA, any pretrial supervisor (if tehre is one) and then it goes to the Judge for their decision.... Read Answer

You can make your wishes known the prosecutor.  The problem is you are just a witness in the case.  The Commonwealth has control of the prosecution and they can compel you to testify if needed.  Especially in Domestic Violence cases the victim does not want to testify by the Commonwealth has the duty to protect everyone and your abuser may represent a danger to the community, in which case your wishes are less important than the greater good.  Speak openly and honestly with the prosecution and consider retaining your own counsel if things start to get messy.  ... Read Answer

It is difficult to tell what is happening or why from this inquiry.  From your questions, you should probably contact a criminal law attorney, who can probably fill in better what possible range of charges are possible, and from facts you did not clearly communicate, what options you might have.... Read Answer

  It means at some point the case was reopened, but now it is closed again.  You can file a Motion to Dissolve the injunction, and it will "reopen" the case.   You might have to pay a reopeneing fee to the clerk.  You can check with your county clerk.  Also, you will have to set this for hearing and then appear before the judge to advise that you no longer want to keep  this injunction in place.   Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A.  ... Read Answer

It's pretty clear that the relationship is toxic, and you are on notice that you can't trust your ex; when you were divorce is not clear from your note.  Your question, however, and your current status, is not clear.  You should write out a clear timeline, as it is hard to see what happened, in what order, and why, and then consult with a family law specialist as to whatever your actual questions are.  If there are emails or texts indicating that he invited you back to the hose, or said he was dismissing the restraining order, preserve them.... Read Answer

"Changing your story" has some risk of you being charged with false reporting - at least some prosecutors may threaten that. The safest thing to do is hire your own lawyer to interseed between you and the DAs office. If that is not possible, you could talk to your partner's lawyer and present the issue to that lawyer and see if he/she will go to the DA to tell them about the correction to the story.... Read Answer

Your situation is a little unclear, but presuming this is a "Legal 2000" hold, you girlfriend was presenting as a danger to herself or others, and will be held for 48 for observation and, if necessary, treatment.  What you can "do" is get her appropriate follow-up treatment once she is released.  Given the pandemic, many mental health practitioners and programs are available by "telehealth" remote work.  Find and use one; many are very low-cost, or even free.... Read Answer

95% of all domestic violence (DV) complaints in NJ are based on harassment or terroristic threats - not physical injury. DV is not simply putting your hands on your partner but is the threat of violence, the fear caused by punching your fist through the wall & engaging in behavior designed to alarm or intimidate her. Your inquiry though asks whether you can move to have her restraining order vacated because you never physically touched her.    It sounds like you appeared before the court without a proper education on what proofs were needed to enter an order against you. So, the idea of filing an application with the court to suggest that the entry of that order was wrong because you didn’t physically touch her does not sound like it has any likelihood of success. But there is another potential option available. You can file an application with the court to vacate the order if your ex does not oppose it. You need to obtain a copy of the transcript of the original court proceeding & the complaint filed against you. You need to provide that information to the court & you need to show the court why it is safe to vacate the order - starting with your ex acknowledging that she is no longer afraid of you. If she is not willing to do so,  then you will need to wait a number of years to file it; which application needs to show that you have gone on with your life, there have been no incidents between the 2 of you, you have no other complaints against you by anyone else & that you no longer pose any danger to your ex. & again, you need to supply the court with the original transcript of the court proceeding & the complaint.    ... Read Answer

Dear Anonymous:   SInce you do know who the father is, and, although you do not say, it may be his last name on the birth certificate for your child (?), Florida Statute 68.07 requires that you serve him with the petition for name change.  If he responds and files a response in the court, then it will be up to the judge to determine whether the child's last name may be changed.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A.   ... Read Answer

There are a number of charges which could be brought against her based on the details you provided, all of which are felonies. Since she used a knife, which is considered a dangerous weapon, and depending on the relationship between the victim and the aggressor, the district attorney has the option to charge her with any of the following: 1) aggravated battery, which carries imprisonment of up to 10 years and/or a fine of up to five thousand dollars; 2) aggravated second-degree battery, if it is determined that she caused serious bodily injury, which carries up to 15 years in prison and/or fine of up to ten-thousand dollars; and/or 3) domestic abuse aggravated assault which carries a possible sentence of imprisonment between one and five years and a fine of up to five thousand dollars. This list is not all-encompassing and other charges could be brought depending upon the circumstances surrounding the crime. With domestic abuse charges, if she has bonded out of jail on the charge, a term of her bond is to stay away from the victim. But if you believe that she still remains a threat, I would strongly suggest that a civil temporary restraining order be filed so that she is required to stay away. With a TRO, the judge has to consider all the facts alleged to be true and, if they find that there is a factual basis for her being a threat to his safety, they will issue the TRO for a period of around 30 days. Because of this, it is very important that the facts alleged in the TRO petition be very specific regarding what she did and how she still poses a threat to his safety. Once the TRO petition is filed, whether or not the TRO is issued, a hearing for a protective order will be set to determine if a protective order should issue for a longer period. If you would like assistance obtaining a temporary restraining order and protective order hearing, please give my office a call at (337)237-0492 so that we can set up a free consultation. ... Read Answer

There are a number of charges which could be brought against him based on the details you provided, all of which are felonies. Since he used a knife, which is considered a dangerous weapon, and depending on the relationship between the victim and the aggressor, the district attorney has the option to charge him with any of the following: 1) aggravated battery, which carries imprisonment of up to 10 years and/or a fine of up to five thousand dollars; 2) aggravated second-degree battery, if he caused serious bodily injury, which carries up to 15 years in prison and/or fine of up to ten-thousand dollars; and/or 3) domestic abuse aggravated assault which carries a possible sentence of imprisonment between one and five years and a fine of up to five thousand dollars.  This list is not all-encompassing and other charges could be brought depending upon the circumstances surrounding the crime.  ... Read Answer

Never plead guilty until you have a chance to review the evidence against you with a lawyer.  In the meantime, he should not speak to anyone about what did or did not happen.  Criminal Mischief is a property crime: destroying the property of another person.  Criminal Mischief is considered to be a crime with a victim, i.e. the proetry owner.  In Utah, Criminal Mischief can be charged as a crime of Domestic Violence, where the victim of the crime is a Cohabitant of the person.  A Cohabitant is someone with whom you have lived, married, had children, or been in a consensual sexual relationship. He needs an attorney.  At his first hearing, the judge can appoint him a public defender if he cannot afford an attorney.  It would be wise for him to consult with some attonreys before then.... Read Answer

Hi there Stephanie, What a crazy situation.  The father of your child absolutely broke the law by secretly recording your fight.  His conduct is a felony and you should seek the assistance of an experienced criminal attorney in seeking a cross-complaint against him. Mass. G. L. c. 272, s 99: provides that "any person who— willfully commits an interception ... of any wire or oral communication shall be fined not more than ten thousand dollars, or imprisoned in the state prison for not more than five years, or imprisoned in a jail or house of correction for not more than two and one half years, or both so fined and given one such imprisonment." Also, the dissemination or use of the recording constitutes a separate crime (a misdemeanor) under the same statute: "any person who ... willfully discloses ... to any person the contents of any wire or oral communication, knowing that the information was obtained through interception; or ... willfully uses ... the contents of any wire or oral communication, knowing that the information was obtained through interception, shall be guilty of a misdemeanor punishable by imprisonment in a jail or a house of correction for not more than two years or by a fine of not more than five thousand dollars or both." The secret audio recording itself is categorically inadmissible in court against you. G.L. c. 272, s. 99 further provides, as here relevant, "any person who is a defendant in a criminal trial in a court of the commonwealth may move to suppress the contents of any intercepted wire or oral communication or evidence derived therefrom, for the following reasons ...  That the communication was unlawfully intercepted [or] That the evidence sought to be introduced was illegally obtained." While a silent recording may have been lawful, that the recording contained an audio feed renders it inadmissible.  That the recording was made may also call into question the admissibility of your kid's dad's testimony about the incident itself.  To the extent that he referred to or relied on the recording in any way to aid his testimony may render his testimony inadmissible.  Of course, your kid's father would also be wise to refuse to testify pursuant to his 5th amendment right against self-incrimination.     Suffice it to say, the decision to secretly record you was highly unlawful, and a skilled attorney can make use of this fact to seek dismissal of the charges against you.     Let me know if you would like to discuss further.... Read Answer

I'm so sorry to hear about the terrible circumstances of your home life.  The answer to your question is no, beating your wife for twenty years is not "ok."  Physical aggression is never "ok."  You should immediately seek the protection of the court by seeking an emergency restraining order, commonly referred to as a  "209A."  You can request an order by contacting the police if you are in an emergency situation - at any hour of the day.  You can also request an order at the courthouse.  The court has the authority to issue a ten-day order on the spot, following which it will notify your husband to appear at an extension hearing.  Although no attorney is required, many people choose to retain an attorney in order to help with this process.  The restraining order laws provide strong protections for individuals in your situation.  Violation of a restraining order is a crime and your husband will be arrested if he violates the order.   Given the extensive and pervasive nature of the violence you have suffered, you should contact the police department in the city or town in which these incidents occurred.  You should furnish all the details of the incidents you have suffered, together with any evidence you might have to corroborate your report, including medical records, or witness statements. You should understand that none of that corroboration is legally required.  However, the presence of confirming circumstances may aid in building a case.  Your husband should be prosecuted for hurting you.  What he has done is not ok.   There are various resources available for individuals who suffer from domestic violence.  Check out the Commonwealth's website which provides various crisis phone numbers, contact information for transitional living facilities, and a list of support groups that can help you.  https://www.mass.gov/service-details/domestic-violence-programs-for-survivors.... Read Answer

Hi there,  I would like to give you some information in response to your question.  Would you be able to provide a bit more context and describe your case in some more detail?  Any useful answer to your question will depend on the particular circumstances of the case. For purposes of clarity, please answer the following questions: Have you been charged with a crime?  If so, please list the specific charges. If you have not been charged with a crime, please describe the facts and circumstances of the incident with which you are concerned. As a starting point, I can say this in response to the specific offenses you have cited.  Simple domestic assault and battery is a misdemeanor punishable by up to 2.5 years in the county jail.  There are various aggravated forms of this offense which constitute penalties with much more severe sentencing exposure. Assault with a dangerous weapon is a felony punishable by up to 5 years in state prison. The crime of larceny over $1,200 is a felony punishable by up to 5 years in state prison.  If the  charge is larceny under $1,200, the offense is a misdemeanor punishable by up to 1 year in the county jail. The crime of burglary (unarmed) is a felony punishable by not less than 5 years not more than 20 years in state prison.  An armed burglary is punishable by up to life in prison, with a minimum term of imprisonment of 10 years.... Read Answer