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Domestic Violence Legal Questions

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491 legal questions have been posted about domestic violence by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
Domestic Violence Questions & Legal Answers - Page 20
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Recent Legal Answers

Can I get domestic violence charges dropped off of my daughters record?

Answered 12 years and 10 months ago by Mr. Charles D. Scott (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If you want to drop charges you should contact the State Attorneys office in your county and ask to speak with the Assistant State Attorney handling the case against your daughter. You should ask the Assistant State Attorney if you can come in to their office and sign a "request not to prosecute". The decision to prosecute is up the the state attorney and not dictated by victims of crime. However a signed request not to prosecute may get the charges dropped, it wont hurt to try.... Read More
If you want to drop charges you should contact the State Attorneys office in your county and ask to speak with the Assistant State Attorney handling... Read More

my boyfriend has a warrant because he headbutt me and im 5 months pregnant. i want to drop the charges. please tell me what to do

Answered 12 years and 10 months ago by Mr. Charles D. Scott (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
The decision to file charges or drop charges rests with the State Attorney.  If there is evidence of a crime the State Attorney has a duty to prosecute the case, even if the victim recants.  Often a victim of domestic violence will ask to have charges dropped, but the State Attorney is careful not to drop charges too quickly as the victim may be threatened by the accused to drop the charges. This is a situation where the tail does not wag the dog, meaning victims do not make decisions to file charges, this is at the discretion of the State Attorney. With that said, you can contact the State Attorney in your county and ask to sign a request not to prosecute. The State Attorney may or may not go along with your request but that is what you would have to do if you want to get the charges dropped. As for his being on probation, he is going to face a violation of probation or VOP due to being arrested while on probation, and it wont matter if he is guilty or not, the VOP will be based upon simply being arrested while on probation.... Read More
The decision to file charges or drop charges rests with the State Attorney.  If there is evidence of a crime the State Attorney has a duty to... Read More

can my husband be able to void my visa

Answered 12 years and 10 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Domestic Violence
If I understood you correctly, you are in Mexico right now. To come to the US you need a visa. If he doesn't apply for your immigrant visa, you will be in a tough situation, but it might be possible for you to try to apply for yourself. You need to consult with an immigration attorney.
If I understood you correctly, you are in Mexico right now. To come to the US you need a visa. If he doesn't apply for your immigrant visa, you will... Read More

What happens if neither the petitioner not respondent show up to an injunction hearing? Do they drop the restraining order?

Answered 12 years and 10 months ago by Mr. Charles D. Scott (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Normally if neither party shows up for an injunction hearing the court will dismiss the injunction. 
Normally if neither party shows up for an injunction hearing the court will dismiss the injunction. 

My son has been charged with Domestic Battery, will he serve jail time?

Answered 12 years and 10 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
  There are a number of factors that will determine the outcome of the case. Some of these may include whether she is willing to testify against him, whether she has any injuries, and most importantly, the evidence against your son.   Without reviewing the charges, the police reports, and and all witness statements, etc., it is difficult to predict the outcome of a criminal case. It is best to have your son discuss the facts and circumstances with experienced defense counsel.   This posting is for informational purposes only and does not constitute 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
  There are a number of factors that will determine the outcome of the case. Some of these may include whether she is willing to testify against... Read More

if i have two outstanding warrants can i hire a lawyer to squash them for me

Answered 12 years and 11 months ago by Lori G. Levin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
  If you know that you have outstanding warrants, please contact an experienced attorney as soon as possible. Generally, it is better to address this issues before law enforcement executes the warrants. Please advise your attorney of the facts and circumstances surrounding the warrants and the case so that a strategy may be devised to best assist you.   This posting is for informational purposes only and does not constitute legal advice nor establish 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 you know that you have outstanding warrants, please contact an experienced attorney as soon as possible. Generally, it is better to address... Read More

If I get asked if I have been convicted for a misdemeanor. would i answer yes or no ?

Answered 12 years and 11 months ago by Mr. Charles D. Scott (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If the charge was dropped by the State Attorney filing a nolle pros, then you can truthfully state that you have not been convicted of a misdemeanor. However if the question is "have you ever been charged with a criminal offense" you would have to say yes.
If the charge was dropped by the State Attorney filing a nolle pros, then you can truthfully state that you have not been convicted of a misdemeanor.... Read More

what process do I go through to get a restraining order against someone

Answered 12 years and 11 months ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
You need to go to your county's magistrate court and fill out the required forms for a temporary protective order.  Every county is slightly different, but either way the person who you take out a restraining order on is entitled to a hearing before the order is extended to 12 months.     ... Read More
You need to go to your county's magistrate court and fill out the required forms for a temporary protective order.  Every county is slightly... Read More

can i press charges on my wife ?

Answered 12 years and 11 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If she was injecting you with these substances, you could call the police and make a report.  It would also be a good idea to see a Doctor to determine if these substances are in your blood etc. and to understand the effects of said drugs.
If she was injecting you with these substances, you could call the police and make a report.  It would also be a good idea to see a Doctor to... Read More

How do I go about getting charges dropped and not getting a misdemeanor on record?

Answered 12 years and 11 months ago by attorney Alena Shautsova   |   1 Answer   |  Legal Topics: Domestic Violence
You can inform the district Attorney on the case about it, but it's up the prosecutor if the charges will be dropped.
You can inform the district Attorney on the case about it, but it's up the prosecutor if the charges will be dropped.

what is my ex facing? will there be jail time involved if found guilty

Answered 13 years ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Your ex could be looking at jail time, anger management classes, parenting classes, community service or any combination thereof.
Your ex could be looking at jail time, anger management classes, parenting classes, community service or any combination thereof.

How to handle my case

Answered 13 years ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
How to handle your case depends on a lot of factors: where you were arrested, what actually happened, and whether you have a criminal record are a few.  Family violence cases can have serious outcomes and can taint your record forever.  With this said, it is always the best advice to have a lawyer defend the charges rather than wing it yourself.    If your case is in the Atlanta area, give me a call at 404 642 6333 to discuss your options further. ... Read More
How to handle your case depends on a lot of factors: where you were arrested, what actually happened, and whether you have a criminal record are a... Read More

no contact order

Answered 13 years ago by Erskine Rogers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
it depends upon the underlying action in which the no contact order was entered. Was it part of the criminal proceeding? Was it part of an action to obtain an injunction against domestic violence? Is a grounded in some other action? You should speak to a lawyer.
it depends upon the underlying action in which the no contact order was entered. Was it part of the criminal proceeding? Was it part of an action to... Read More

endangering welfare of children

Answered 13 years ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: Domestic Violence
Just based on the facts you supplied it seems very unlikely that you would go to jail but there are many more factors that need to be considered - talk with a good lawyer.  Steve
Just based on the facts you supplied it seems very unlikely that you would go to jail but there are many more factors that need to be considered -... Read More

Anger management on record?

Answered 13 years ago by attorney Mr. Evan Austin Watson   |   1 Answer   |  Legal Topics: Domestic Violence
No.  Nothing will go on your record from attending classes on your own free will.  
No.  Nothing will go on your record from attending classes on your own free will.  

emotional distress

Answered 13 years and a month ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
I'm not sure why he keeps getting released from jail when he continues to violate the restraining order?  I would keep careful notes about what he does with dates etc.  This should be taken to the police with your restraining order from court.  This should result in a longer jail sentence.  For the financial part, you may file a contempt charge against the father for violating the court order for payment or you may need to speak with an attorney regarding collections.... Read More
I'm not sure why he keeps getting released from jail when he continues to violate the restraining order?  I would keep careful notes about what... Read More
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