Domestic Violence Legal Questions

An assault can be punished a lot of different ways. To tell you how this "3rd offense" could potentially be punished, you would have to tell us much more about the two previous offenses. If a case has been filed and accepted by the DA, call them. That will be the easiest way to find out. Just ask them what the "range of punishment" is for the case pending against him or her.... Read More

If there is a written lease that includes your daughter, she needs to pursue the rights she has under that agreement and Arizona landlord tenant law.  If there is no agreement, she may still have rights under the Arizona landlord tenant law and a 30 day eviction notice may be required to legally remove your daughter.  If there is no landlord/tenant relationship that has been legally established, then the owner could lock your daughter out.  Due to the domestic violence, however, is your daughter safer elsewhere?  Even if she is subject to a written lease or oral lease, Arizona landlord tenant law has provisions that let her break the lease with minimal penalties.  If the homeowner does not know the law or wants to deliberately ignore the law,  she might change the locks and now your daughter has to figure out how she will get her belongings and where she will reside.  She could use civil court to get belongings returned, but that takes time.  My firm handles domestic violence, landlord tenant, and civil matters related to a couple separating.    Marie Zawtocki, Attorney at Law 480-655-0733... Read More

What you are experiencing is common among all courts and District Attorney's offices in Massachusetts. No one will permit you to speak on the record (with a few notable exceptions) until the day of trial, and even if you can get someone to listen to you, it seems like they don't care. The reason is that all prosecutors have instructions to pursue domestic violence cases even when the alleged victim wants to see them go away. There are a few reasons for this, that don't really matter to you (they think your reluctance is a symptom of domestic violence; etc).  The point is, what you are describing is very common. The bottom line is, if your testimony would conflict with what the police report states you told the police; if your testimony would include an admission that you hit him at some point; if your testimony would include an admission to use of drugs on the day/evening in question; and in any number of other circumstances, then you will be permitted to decline to testify. Ordinarily, if the state wants to call you as a witness, you don't get to decline, but where your testimony could potentially implicate you in a crime, you can decline. On the day of trial, if you show up, the court should appoint an attorney to explain your rights, and to decide whether you have a right not to testify. If you chose not to, the case may or may not continue to proceed against him or not, depending on what other evidence they have, and whether the judge decides that it is admissible. Good luck!... Read More

You should have simply walked away; the fact that you impermissibly touched her, even if you say she told you to, can be considered domestic violence. Since you may be facing criminal charges per your post, you are well advised not to be discussing the details of your case through social media or on these law web sites; instead, you are well advised to hire a criminal defense attorney to properly represent you and maybe depending on all the facts and any prior criminal charges, if any, against you, can help in trying to have your entire case dismissed. Don't go at this alone!... Read More

  Please contact an experienced criminal defense attorney as soon as possible. This is a serious matter. The prosecutor may still wish to go forward even though your spouse does not wish to proceed. Please also check your conditions of bond to see if you are allowed to have any contact with her.   This is not the type of situation in which you should represent your self.   This posting is for informational purposes only and should not be considered legal advice nor the establishment of an attorney-client relationship. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com  ... Read More

If your friend was served with a temporary restraining order, that order stands for 2 weeks. Both parties need to appear at the next court date and at that point, the court will take testimony from both parties and determine if there is enough evidence to warrant entering the temporary restraining order into a more permanent injunction, that can be issued under the statute for a period of up to 4 years. At this hearing, your friend can contest the allegations that she did anything violent against the other person. She will not be able to get it dismissed anytime before the date of the hearing on the injunction.        If your friend feels that this other person is a threat to her, and has engaged in prior acts of physical domestic violence against her either by threats or direct acts, she can apply for her own domestic abuse restraining order against this other person. The process works the same as outlined above. The initial temporary restraining order is issued for 2 weeks. After that, a court hearing is scheduled for both parties to appear to determine if an injunction should be granted for four years.... Read More

From the facts you described the Wife is not seeking to divorce the Husband. Therefore, she needs to file a Petition for Support (see link below for the form). I am not sure why she would seek "custody" if she is the one who has the children. When the couple is married, both the Husband and the Wife have equal rights when it comes to the access to the children. http://www.flcourts.org/core/fileparse.php/533/urlt/904a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including Domestic Violence cases.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is:  You have 45 days after the entry of the FRO to file an appeal.  However, that may not be your best option.  There are other options.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. What you tell me remains confidential and there is no charge for the call.... Read More

There's a lot you need to do and some of it is quite complicated.  The first thing you should do is get a copy of the Proof of Service for the TRO and the Summons for the Dissolution.  That will tell you where and when you were allegedly served and also who was the person claiming to have served you.  It wouldn't be the first time someone lied on a Proof of Service - especially if it was done by anyone other than a sheriff's deputy or registered process server.  If it was signed by anyone other than those two, I would file a motion to quash the service and try and get the restraining order set aside until you have the opportunity to go to the court and defend yourself.  The Proof of Service will also show you if she had you served by publication which is possible if they were unable to locate you.  That seems unlikely because the court mailed you a document so they must know your address.   Another reason to get the proof of service is this will give you the opportunity to subpoena the person who allegedly served you the documents so that they can come to court and testify under penalty of perjury that they actually served you.  Although it comes down to your word against their's, I've had a case where a process server in southern California claimed he drove up here to Northern California to serve someone (that's about 16 hours of driving).  When I tried to subpoena him, they dismissed the case.  I've also had a case where the Petitioner forged the proof of service (which I'm sure happens a lot when people represent themselves) and the actual Summons and Petition were found later when the husband was moving some things out - she had hid it under the mattress!  Also, it helps if you can prove you were somewhere else on that day and time such as out of town or at work.  It's important to do this asap.   Also, make sure you go to the OSC hearing and file a reply if there is still time.  In your reply, you should mention that this was the first notice you had received and that you were not served the TRO, the dissolution or a notice of the permanent R.O. not to mention the fact that you do not own any firearms. Best of luck and let me know if there is anything I can help you with.   Cheryl L. Sommers Law Office of Cheryl L. Sommers 44862 Osgood Road Fremont, CA  94539 (510) 659-9800... Read More

If the State Attorney's Office does not pursue the charges you will not be required to enter any plea. In that case the state will file a No Information, meaning they are not filing an Information charging you with the offense.  The case is over at that point and you will not need to enter a plea of guilty or not guilty in court.  If the State Attorney does file charges one of your options is to plead not guilty at the arraignment and either hire an attorney or ask the court to appoint an attorney from the Public Defender's Office.  Having an attorney appointed from the Office of the Public Defender depends on your finances and assests.  Your other option at arraignment is to plea guilty or no contest to the charge and have the judge sentence you.  If these events did not happen and/or your wife is not seeking prosecution your best option at arraignment is to plea not guilty and get an attorney to handle your case. Regardless, the proper way to handle these types of matters is to have a criminal defense attorney represent you in court, going to court on your own is not a wise decision.... Read More

There is no clear cut answer, but most likely it is not a good idea, and a potential conflict for the attorney, as he most likely learned private information about the Wife during his representation of her in the criminal matter. Below are the Rules of Professional Conduct that should govern the attorney's conduct in this matter: https://www.floridabar.org/divexe/rrtfb.nsf/FV/2E30A65D3638C6B485257171004B3C67 https://www.floridabar.org/divexe/rrtfb.nsf/FV/ABDCF0F2EC60934D8525717100564276 Best Of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

By "initial first hearing" I am assuming that you mean First Appearance.  First Appearance is aptly named, as it is the first time you appear before a judge in the criminal case.  The purpose of First Appearance is to set and establish conditions for bond. This could be the most detrimental stage of your case as it can determine whether or not you can bond out on the current charges. Irrespective of the charge, you are entitled to have competent counsel represent you at every stage of your case.  With that being said, yes, it is helpful, and in my opinion necessary, to have your counsel represent you at first appearance.  Private counsel is more likely to know more about your case prior to first appearance.  They will know more about you and as such, they may be able to present more information to the court, which may assist you in getting a reasonable bond. While most public defenders are adequate lawyers, they will not have the time or resources to get to know your case before First Appearance. Public defenders that handle First Appearance are generally newer attorneys that have just a matter of minutes to review the paperwork prior to the case being called by the court.  When the case is called they may talk about your status briefly before explain the following canned dialogue to the judge: "judge this person has lived in town for x-years, they have these ties to the community, and they will show up for court. In this case a reasonable bond is $X." If you comfortable with that level of review of the case, then you may choose to have the PD for your first appearance. ... Read More

In short yes you can. You can represent yourself in a criminal case and file your own motions but it is not advised.  You are always better served with an attorney, whether it be a private attorney or a court appointed attorney.  If you do file your own motion to dismiss you must understand that by filing a motion to dismiss you are stipulating to the facts in the police report.  Which means if the police report alleges that you had physical contact with someone against their will, you are agreeing with that fact.  In a motion to dismiss you are arguing that the police report does not establish a case against you based on the facts within the police report.  For example, if a police report states that you went to an individuals house and walked up to them and then just turned around and walked away, you would be best served filing a motion to dismiss and arguing the police report does not have the proper facts to establish a battery.  In that instance you are saying based on the facts in the police report there is no evidence of a battery taking place.  In the motion you stipulate to the facts of the police report and say there isn't enough to establish a case for battery.  On the other hand, if the police report says you did all the above but also punched the individual in the chest then by filing a motion to dismiss you are stipulating to the fact that you punched the invididual.  The bottomline here is that you will be much better served with an attorney handling your case.  They are trainded to file motions and make the proper legal arguments on your behalf.... Read More