Domestic Violence Legal Questions

Your question is not really a family law question, and therfore somewhat out of my area.  You really should confer with counsel knowledgeable about both landlord/tenant issues, and general tort suits.  You may want to start with calls to either criminal defense or personal injury firms, and see if one of those could refer you to someone who handles the kind of case(s) in which you are involved.  if a judgmenet has been rendered against you -- no matter how wrongfully -- do not ignore it!  Find an attorney who is qualified to file a motion do set it aside, and do so soon.... Read More

Your facts are a bit confusing, but I think you are asking questions in the wrong forum -- your question is not really a family law issue, but one of criminal law.  I suggest you consult with an expert in criminal law and procedure, who should be able to answer your questions and ensure that you don't make any mistakes that might end up costing you money.... Read More

Once a Domestic Violence Final Restraining Order (FRO) is entered against a person in New Jersey, it is difficult to have that FRO dismissed at a later time.  New Jersey is one of the few states that actually has permanent FROs.  In order to have an FRO dismissed, the court must agree that there is no continued need for the FRO.  It is possible that the court will schedule a hearing to explore whether or not there is a case to vacate the FRO. I understand that you may not have the funds to retain an attorney, but I urge you to consider the impact of attempting to represent yourself in this very serious action. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to discuss your options with you, explain the process to you and navigate you through this process. Call (855) 548-1544 to schedule your free initial consultation.... Read More

Without knowing more about your background or facts of the case, it is very difficult question to answer.  DV hearings are difficult and the ramifications can be significant.  While you are entitled to represent yourself, many times that is not the best course.  Knowing what evidence to present is important. For example, do you subpoena the police officers to the hearing or not.  There is a lot of strategy that is involved in the process.  Best wishes.... Read More

First off, you shouldn't remove your GPS, because that is a violation of the terms of your probation. The amount of time you get on the charge really depends on the facts of the underlying case and your prior record. Most misdemeanors, however, range between 60 days and one year in county jail as far as jurisdiction. As such, the state can ask for the remainder of your probation to be served in jail because you are not suitable for probation. Second, and more importantly, after October 1, 2016, you can be charged with a 3d felony for tampering with the GPS monitor. Section 843.23, Florida Statutes was recently passed which makes the removal or tampering with certain electronic monitors a felony with the maximum punishment of up to five years in the department of corrections. Given that you failed to follow the terms of simple, misdemeanor probation, you would most likely be looking at county time, or worse, DOC time for removing your GPS—not to mention if you committed a new law violation while removing the GPS. In closing, don’t do it. It is not worth it. A better course would be petitioning the court through a motion to modify to remove the GPS as a condition of your probation.     ... Read More

I wouild suggest getting a mental health specialist to review and confirm youir history and indicate that the report was made under circumstances indicating that it was factually not true, but without deliberate deception (that will prevent you being charged with filing a false report).  Hopefully your boyfriend has criminal defense counsel who can coordinate such testimony.  If not, your first priority is probably to find qualified criminal defense counsel.... Read More

An option is to go to the domestic violence unit in the family court of the county where you obtained the Temporary Restraining Order and let the staff know that you want to dismiss the TRO.  You will likely need to speak with a domestic violence worker/counselor at the court about your desire to dismiss the TRO.  The worker will have you complete and sign an affidavit. You then appear before the Judge and affirm that you want to dismiss the TRO.  For your own protection, the Judge may not allow you to dismiss the TRO if you were hurt or if there were prior acts of domestic violence.  In that event, there are other options available to you. The domestic violence attorneys at Weinberger Law Group are experienced in handling all NJ domestic violence matters and can navigate you through this difficult experience.  Call us to schedule your free consultation. If the act was severe enough, then the police will file a complaint and the county prosecutor will take over whether you wanted to press charges or not.  If charges were pressed against your ex-boyfriend, there may be a criminal complaint in addition to the TRO. If criminal charges were pressed and a complaint filed, you may want to speak with the prosecutor assigned to your case.... Read More

The short version based strictly on the information you supplied is "probably not."  Much depends on how she got the phone (for example, if she committed a burglary to steal it, that is another matter.  Or if she hacked into his phone (or any otehr computer); you did not say anything about password protection).  But -- at least today and by itself -- reading messages on someone else's iPhone does not appear to be a criminal offense.... Read More

  If you are talking about a civil case, if you voluntarily dismiss the Injunction, that dismisses the Domestic Violence case. Therefore, yes, that would close the domestic violence case. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read More

Once an arrest has been made, the actual prosecutor is the State of Tennessee. The state has the option to decide to prosecute or not. The victim needs to go to court to tell the DA that she does not want to prosecute. It will be up to the DA to decide if they are going to prosecute or not.... Read More

First off, the prohibitions apply to him, not to you; the no contact order appears to be one of the conditions imposed on him to avoid further prosecution; the order reads contact between you two can be allowed, if the probation officer in charge allows it; since this happened several years ago, it would be best to check directly with the probation officer in charge to see if these restrictions even still apply.... Read More

  If the woman is experiencing domestic violence she can fill out a petition for protection against domestic violence in her local court house. Please see below couple of links with helpful info.   http://www.aardvarc.org/dv/states/fldv.shtml   http://www.womenslaw.org/laws_state.php?state_code=FL   http://www.floridalegal.org/domestic.htm   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read More