Domestic Violence Legal Questions

It depends on the Judge. The judge that entered the order has the power to modify or lift that order. If the attorney representing the incarcerated person approaches the judge and makes the right argument, it might work. However, I would also advise that if the person for whom the order was originally entered is not on board with a modification of this sort, it has a snowball's chance in hell of being granted.... Read More

You have the same protections available to you as to any spouse who may be subject to domestic abuse- you have the right to a protective order, if warranted, and to obtain a divorce. You should consult with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Divorce Lawyer www.upperwestsidelawyer.com  ... Read More

Draft a motion; doesn't have to be anything special. Put the caption of the case at the top (State of Texas v (your name) on the top left; the court number on the right). Google search for a moron to get an example. Title the login Motion to Return Property. In the body of the motion write what happened: your name is. ... and on date you were arrested for assault, giving rise to cause number blank in whatever court. As a result of the arrest the following property was seized: (list guns with serial numbers or something that describes them). The aforementioned property is currently in the possession of (dept), and being kept at (location of the property room). On date the case was dismissed,  dismissed due to whatever reason. As there is no longer any pending case and the guns were not used in the commission of any crime I would respectfully request this honorable court order the (whatever agency had them), (property room location if different) immediately return the guns to (your name and tdl and probably address; enough info to specifically Id you). Put a line at the bottom of the motion and sign it. Underneath write Pro Se Defendant.  Make an exact copy of the motion. On the second copy change the title to Order on Motion to Return Property.  In the slave between the signature line and the stuff above it write: Defendants Motion to Return Property is: GRANTED/DENIED.  Take three total copies to the court where your case was. You may want to call ahead and ask the da and clerk to have your files in the court that day. Go to court.  Tell the bailiff you're apro se defendant,  your case was dismissed, and that you have a motion you'd like to file. If they let you approach,  give your copies to the clerk (all 3) and ask him/her to file stamp all three copies for you. The original is for the judge. Give one of the file stamped copies to the da. The other is for you. Ask the clerk if you can approach the judge or if they will call you up. When you approach the  judge you can basically tell him/her exactly what the motion says.  If the bailiff won't let you approach, go file the motion in the clerks office. Then call the court and ask the coordinator what you need to do next.  These aren't terribly expensive to do, so if you run into problems give me a call.  Good luck!   ... Read More

Authentication is accomplished when the judge is presented with sufficient evidence that the tape is what it purports to be and is genuine. Just because the tape may be authentic, doesn't mean that they are made be other evidentiary hurdles to overcome, such as hearsay. You should consider talking to an attorney about the specifics of your case.... Read More

There are a number of things you can do from reporting it to the police, filing for a injunction against domestic violence, bringing a civil lawsuit for assault and battery, as well as other remedies. You should speak to an attorney in order to determine which action is best suited for your particular situation.... Read More

Unfortunately, this is difficult to answer and the best advice is to talk to a local lawyer. It sounds like he very well may be in violation of the TPO which I assume does not give him visitation for the entire period he wants to take the vacation. On the other hand, the order may not be specific about him needing permission to leave town. You may need to file a new petition with the court to have it clarified.... Read More

Appear at the court and ask the Judge for a continuance in order to obtain private counsel.  Dependeing on the judicial circuit, you may be able to call the circuit clerk's office before the court date and get a continuance without appearing at the first court date.  The prosecuting attorney is the only party who can file charges.  Your bond probably has a condition that you have no contact at all with your wife--doing so would be a vioation of your bond, and it might get revoked.  If your wife doesn't want to cooperate with the prosecution, she should call their office and let them know.  If it goes to trial, she could always invoke her marital privilege not to testify against her husband. This answer does not create an attorney/client relationship.... Read More

Unfortunately, it's not that simple. Once you called the cops, that kind of set the ball in motion. Cops respond to the 911 call. They take statements. They make an arrest. They contact the DA's office and ask whether the DA's office will accept charges. The DA accepts a charge of Assault-Family Violence, against your husband (possibly a felony charge given your description of the incident). The charges cannot be "dropped" by you because you are not technically the person who filed charges; the State of Texas did, on your behalf.  They can pursue the case with or without you. That does not mean you cannot help him, if that is what you want to do. It just has to be done properly. I would not suggest you calling the DA's office on your own, to tell them you don't wish to pursue it. If you say it that way, there is almost no chance (at least if the case is in or near Harris County) that the charge will be dismissed. His attorney should know what do to, and how to explain it to you.  Best of luck.... Read More

If you have texts from her saying he hit her, you can take them to the police department where the crime would have occurred and see if they will go talk to her.  Her texts stating that he had done something really isn't enough evidence to get a warrant.  She will need to tell them more specifics about what happened.  Now if you had texts from him saying he had done it, that might be a different story.  There are women's shelters that she could go to, that will give her protection and will help her get him arrested.  ... Read More

You may have cause for concern with your son being the victim of a crime, but the police should at the very least take a report if you report your father's behavior to them.  If your son has lived with your father or lives with him now, your father could be charged with domestic violence.  You don't say how old your son is, but he might have to talk to the police too.  Most likely your father could be charged with assault and battery, which would be a misdemeanor, and would get a ticket and a court date.  If the police won't take a report of a crime within their jurisdiction, you should talk to a captain on that department to get some answers as to why.  If you still aren't satisfied, you could report the department to the South Carolina Law Enforcement Division (SLED) who may investigate the department to find out why they aren't doing their job.  ... Read More

It sounds as if your ex was able to get the Court to enter a temporary injunction.  The evidence that you have will have be presented at the return hearing where the Court will determine if they are going to enter a more lengthy injunction.  It is importatnt to abide by the rules of injunction in the meantime as law enforcement takes a violation of even temporary injunctions very seriously.   As to your evidence, be careful.  Affidavits and other documents that contain hearsay evidence may not be admissible.  It may be worth your time and money to review your case with a local attorney so that they can assess the evidence that you do have an ensure that you are able to have this evidence properly presented to the Court. Good luck.... Read More

The Prosecuting Attorney would technically be your attorney in your ex-boyfriend's criminal case.  Their office may have a Victim's Advocate who would protect your rights.  If you wish to sue your ex-boyfriend in a civil matter, you would need an attorney, or you might be able to file your claim in small claims court without an attorney if your damages are less than $5000. Hope this helps. Andrew D. PopplewellEng & Woods Law Firm903 E. AshColumbia, MO 65201573-874-4190573-874-4192 (fax)apopplewell@engandwoods.comThis answer does not create an attorney/client relationship.... Read More

From the facts presented I suspect that the police filed charges against both parties. The parties do not control who is charged; the police do.  The assistant district attorney will have difficulty proving the case if neither party testifies against the other.  Both parties have a 5th amendment right to remain silent and not testify even if called as a witness. Unless there are independent witnesses I suspect the cases against both parties will be dismissed. For further information about domestic violence offenses and assault and battery cases see my website and blog page at www.johnedevito.com... Read More

Yes, NJ law allows you to have a Motion filed to amend the terms of the FRO. As long as you feel comfortable doing it yourself, you should go to the courthouse in the county where the FRO was entered, ask for Domestic Violence Filing, and tell them that you want to file a Motion to amend the terms of the FRO.  Make sure that you are very specific in your Motion, as to exactly how you want the FRO to be amended and why.   If you want to be represented by a lawyer on the Motion, I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. avid F. Salvaggio, Esq.  ... Read More

  If your husband is charged with a criminal offense, he should contact an experienced defense attorney to assist him. An attorney can help advise him of his alternatives and will know how to present witnesses and evidence should he go to trial.    This posting is for informational purposes only and should not be considered legal advice nor constitute the inception 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

 You need to file an affidavit of violation of the injnction.  The judge then sends that to the police and they investigate. He will probably get arrested again and will likley stay in jail. Take pics/videos of hm as he drives by and save all phone records and messages  that he leaves on your phone.... Read More

You clearly can--and should--add stipulations to a Consent Order for Civil Restraints.  That Consent Order has to be very carefully prepared and reviewed before you sign it.    Please understand that agreeing to a dismissal of the TRO is a very significant thing.  Especially if the defendant is represented by a lawyer, you really owe it to yourself to meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.  ... Read More

The best way to handle that would be to have the judge sign an Order modifying the conditions of bond. Sometimes the prosecutor's office might consent to it, but that's not always an option. A lawyer can help you schedule a hearing in front of the judge and ask to have the condition lifted.... Read More

Your boyfriend needs to consult with his attorney. He is eligible for felony charges, such as the classs 4 felony charge of unlawful restraint.   As the victim, you have the right to communicate to the prosecutor's office, but you do not have the right to decide whether charges will or will not be filed or prosecuted.  Charges of domestic violence are taken very seriously because of the statistical odds of reoffending, which are very high.    ... Read More