Domestic Violence Legal Questions

If your husband is alcoholic, I am not sure if he has steady income, pension or other assets. You can definitely file for divorce and seek support or have him removed and try and get a final restraining order. Then you can file for temporary support pending a judgment of final divorce. He is your spouse and certainly after 32 years of marriage you are entitled to alimony and equitable distribution of property which would include the home if it is owned not rented.... Read More

There is no way anyone could provide "how to represent yourself in court" in an email.  And you do not provide any substantive information to allow reference to relevant background (although you might try reviewing our child custody and domestic vioence materials, here and here. If you really cannot afford counsel, the local Pro Bono provider is 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.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

You will need to attend and be prepared to present evidence. If the other party does agree to have the case dismissed, then things MAY be simple. Depends on the judge and the other party. Your situation involves major factual and procedural issues, with potentially nasty consequences to you. These are issues that we can discuss. I f 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.
 Don't wait any longer, give a call and let's getting working to protect your reputation.
 
David R. Hartwig 

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

While the passage of time may make the case harder to bring, it does not preclude the filing of criminal charges as the time period for filing criminal charges has not expired. I suggest going to the district attorney's office in the county where the incident occured and ask to speak to an investigator that handles domestic vioelnce cases.  Tell them everything.   Or you can go to the police or sheriff in the county or city where it occured.  The time period for criminal charges to be filed does end at some point and it depends on the level of charges filed - so don't delay if you want charges to be filed. Any conviction in the criminal court will carry with it a requirement that he pay restitution - i.e. any out of pocket costs you had or possibly reimburse any insurance carrier if they paid anything. Also, if he is charged, a condition of his bond will be to have no contact with you and stay away from you.  You MIGHT also consider suing him in civil court to try to recover your damages, if he has any means to pay a judgment against him. ... Read More

You need to hire a lawyer who can review all of the appropriate paperwork, and facts, and work through the case directly. I do not think you can do this on your own.  If you cannot afford a lawyer then use the public defender as they are very good lawyers.  Based on your description, if you have a pending case in Colorado, it seems it is based on faulty information from the national computer system - which maybe was not updated quickly enough after your Wisconsin case was resolved - or maybe you misunderstood exactly how the Wisconsin case was resolved, or maybe there is something else affecting all of this.  In any event, you need to get this handled corectly and everything resolved and clarified so things like this do  not continue to happen. ... Read More

You need direct input from a lawyer who can review the subpoena, how it was served and what it asks for. To be valid a subpoena needs to be handed to you - not just faxed, unless you "accept service" which you are not required to do.  A subpoena is basically a court order to provide documents or testimony.  A "Motion to Quash", citing a valid basis for not wanting to comply, needs to be filed in response.  You will need a lawyer.  ... Read More

I don't think there is really anything you can do if you son is an adult. He can make his own choices - and he has to live with the results. You did not list anything that makes me think he could get a restraining order to keep ehr away from him. However, if she is the reason he went to LCCC, he needs to think long and hard about whether he wants to put himself in the position where she has the power to send him back just by calling the police and making any kind of allegation she wants. if he was in LCCC for a domestic violence case, and is going to be on parole, he will be required to get domestic violence counseling and maybe he will learn enough there to want to stay away from her.  All you can do is be supportive of his positive dcisions and be there if he needs soemone to talk to. ... Read More

I am having a hard time making sense of this question. Why would there be a TRO hearing in NJ for offenses from a NY court? But in general, whatever the facts of your case are, if you can prove that whatever accusations against you are either false or do not rise to the level of harassment or assault as defined under NJ's Domestic Violence statute, then the case can be dismissed. But you have to do more than simply say that the case was brought as reprisal for the other person's arrest. I think you need to speak with an attorney who handles these types of cases.... Read More

You seem to have a couple of diffierent court processes confused.  As to the TPO, that is a civil process, with you on one side and your ex on the other; and you indicate that you got the order you requested. The criminal prosecution, on the other hand, is "the State" on one side, and your ex on the other.  You are the victim, and a witness, but not a party.  To answer your question, it was the prosecutor's job to give you notice and secure your attendance and testimony -- in the absence of that testimony, presumably the State could not obtain a conviction.  If you have questions about what happened and why, call the D.A. or other prosecutor and ask.... Read More

   Most attorneys enter into a written agreement regarding fees with a client to avoid any misunderstanding at a later date.  A written agreement, however, is not mandatory.  If the $3000 was for a retainer and it was going to be non-refundable, the Bar does require the agreement to be in writing.    With that said, my suggestion is that you contact the attorney and ask for an itemized bill, showing the amount of time spent on your case and the hourly rate charged.  Then I would suggest speaking with the attorney if you believe a refund is due.     I have attached a link below to a Florida Bar pamphlet  that discusses attorney fees that you may find helpful.  I hope you can resolve this matter. https://www.floridabar.org/public/consumer/pamphlet003/ Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL  and Boca Raton, FL 954-316-3496   info@vovalaw.com  ... Read More

Frankly, the facts as presented are pretty contradictory: Police arrest the person who has no visible injuries?  That should mean that they determined from something that he was the primary aggressor.  If wrong, that coiuld be challenged in coiurt. Most TPOs are "one way" -- they bar the Respondent from making any contact.  Whether he feels like "caving in" or not, the answer is -- don't. He should contact all social media companies, reclaim his accounts, and simply bar/ban/exclude his ex. California may have separate rules and regulations (this questions went to a Nevada list); if your son has questions, he should consult with California counsel.... Read More

You can contact the ocal police departmetn and ask for a "civil standby" so you can go to the house legally, with an officer there, so you can ge some of your things int he 20 minutes or so they will wait for you outside.   If she is "stalking" you, tell the police and see if they will investigate it - likely they won't, in my experience. ... Read More

Once a person is criminally charged for domestic violence or abuse, it is out of your hands, whether you want this person prosecuted or not. You can be subpoenaed to testify in court as to what they did for you. Obviously, at some point, you felt differently, or wouldn't have called the police and they wouldn 't have gotten arrested if they didn't do something for you. You offer no facts as to what they did do to you. A factor weighing on the DA's mind, may be how aggravated the domestic abuse was against you, and whether the perpretator has a prior history of domestic violence against you or others. Assumingly, this person is either your spouse or maybe a boyfriend that you had. You can certainly convey your feelings to the DA that you don't want this person criminally charged and to work with them to offer some type of a reduced plea to resolve the case, but the DA is not just going to wave a magic wand and dismiss the charges for no reason. ... Read More

You will need to prove that the day care center was negligent and knew that there was a problem with the other child picking on or abusing your child. If you pursued the case in behalf of your child, most likely the insurance company will deny the claim and force you into a lawsuit. The lawyers would have to do extensive pre-trial discovery by taking deposition testimony of all the workers at the day care center and the manager to  see what they know. Unless your child suffered some type of catastrophic injury, it may not be worth all of the work that will be required to pursue the case. The statute of limitations for injury to a minor is 2 years past the age of majority in Wisconsin. Failure to file the lawsuit within that time frame would forever bar the claim.... Read More

in Wisconsin, lawyers can offer limited scope representation. If all you want is a letter written or contact made with the vicim, I am thinking, depending on the lawyer you select and area of the state you live in, probably $50 to $100. it is only a guess.  We very rarely will do limited scope representation cases. Good luck!... Read More

Not sure I understand your quesiton. But, in California, its up to the DA's office whether or not to file charges against someone. If the DA's office has decided to file charges against, your are forced to deal with it. If you are able you should shire a lawyer as soon as possible. It may be possible to have those charges dropped before things go to far.... Read More