Domestic Violence Legal Questions

If you fail to show up on a validly issued subpoena that was validly served on you, the judge will issue a warrant for your arrest, ultimately you will be arrested and jailed and face possible contempt of court issues for failing to honor the subpoena. You can hire your own lawyer to try to quash the subpoena if there is a basis to do that.... Read More

The answer to your question is "both." Due to the restraining order, you cannot contact the victim. Per the signature bond, a third party would have to arrange your visitation, including where, when and how the children get transportated back and forth, from some neutral location. It would be best to hire an attorney and let the attorney do this for you, in my opinion. If an actual restratining order has been issued, those orders prohibit you or any third party in your behalf from contacting the victim, except your attorney.... Read More

If your hearing occurred before a family court commissioner, you have an automatic right under the statute to file a de novo appeal to the trial court assigned to the case. Since the statute, in it's current state, offers no time line for the appeal, the time line is governed by local court rules. You will need to check the local court rules in the county where the order was entered to determine how much time you have to appeal. If your hearing was held in front of the trial judge, than your only means to appeal is to the Court of Appeals. The time line for such appeal is 90 days from the time the written order is issued. The time line can be shortened to 45 days to appeal, if proper notice is provided shortening the time line. ... Read More

It is unclear exactly what your question is, but I can say that jail time can be a condition of a probationary sentence. If these were misdemeanors, jail of up to 60 days straight or two years work release, can be a part of probation. If felonies, it can be up to 90 days straight or two years work reelase. If you really wonder what the court ordered, you can go to the court clerks office in the court that sentenced you and get a copy of the sentencing order. ... Read More

Dear Ms. Schloss:       First, you can call the police.  TYpically the police will ask the agressor to leave the premises for the night, but unless there is evidence of violence (bruises) usually they will not arrest a party.  However, you can obtain a domestic violence injunction (restraining order).  Go to your local county court and ask where to file the Petition for the Domestic Violence Injunction.  Usually the clerk will assist you with the paperwork.  If there is sufficient allegations ( See; Florida Statute 741.28) then a judge will enter the injuction without a hearing and it will be served on your boyfriend by the sheriff.  Your boyfriend will then be required to vacate your residence, and a hearing will be set within 15 days from the entry of the Domestic Violence injunction, when you and your boyfriend will be required to appear before the court.  At the hearing you both may testify and present winesses.  At that time the judge will either dismiss the injunction  or enter it for a longer period of time.  How long depends on the circumstances, but the boyfriend will not be allowed in your residence or near you without subjecting himself to arrest while the injunction is in place. If that is unsuccessful, you can file an action for ejectment. Assuming he has not paid rent it would not be an eviction, but it has the same effect of removing a person whose legal rights to stay in a  place have expired. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com    ... Read More

It's a bit unclear whether you are referring to the TPO court or a criminal charge; if the latter, you really should confer with a decent criminal attorney, but a first offense DV typically results, ultimately, in a "stay out of trouble for 6 months" stayed proceeding, perhaps some DV or substance abuse counseling, and ultimately a dismissal.  But to get there, you really should confer with qualified criminal law counsel.... Read More

Probably not. Sounds like you simply need to file for a divorce. Your situation involves  factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

I suggest consulting an expert attorney in landlord tenant law directly.  BUT, a victim of domestic violence can terminate a lease if done due to a domestic violence situation. CRS 38-12-402..     A landlord’s ability to evict a person can be impacted if the tenant is a victim of domestic violence. CRS 13-40-107.5(c)(I). Seems like you may have to allow the female to break the lease. Seems to me that if the male cannot pay the rent on his own, you can evict him based on that once he cannot pay. If the lease allows an eviction for "verbal abuse" (I'd be surprised if it does) and you are comfortable it actually occured, then maybe you can evict for that. It will depend on the language of the lease.  I don't know how you "prevent having a vacant property" as it likely will be vacant until you can re-rent it. ... Read More

Based on what you say, the answer is no. You were not a minor at the time of the event, and you provide no evidence of psychologically blocking out the event (the blocking would require medical evidence to prove). In that light, I see no basis for extending the statute of limits. That means that you need to file your case immediately. You need to get with an experienced attorney asap. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 David R. Hartwig

 801-486-1715... Read More

  You say "my spouse."  Are you already divorced?  Either way, the terms of the lease would govern.   If there is an option to renew, usually there is a period of time prior to a lease's expiration where the tenant must give notice if they wish to renew.  If your spouse does not exercise the option you can do so.  If the time has lapsed and nobody gave notice of renewal, then your landlord may lease the premises to whomever he/she wants- and if that happens to be you, then you would enter into a new lease with only your name on it, and your spouse would have no liability or benefit under the new lease.  Hope this helps! Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com... Read More

Retain an attorney NOW.  This is serious business, and can result in the loss of your liberty, and you being Brady disqualified.   It is possible for a person to walk into the courthouse, fill out a form, tell a story to the judge without the other person being present, and get a temporary protective order.   Then there is typically a hearing for both sides to be present so that judge can hear both sides.  You do not want to go to that hearing without an attorney - you have too much at stake.       Good luck... Read More