Domestic Violence Legal Questions

It would be best to hire your own lawyer in this circumstance so they can get the full story and determine whether you do have a legitimate claim to take the 5th. That said, the prosecutor can choose to give you immunity from prosecution, which would remove your ability to take the 5th and the judge would order you to testify, since with immunity you would not be facing prosecution.  Also, even if that does not happen, if you take the 5th and do not testify, they can likely then use your statements to the police from that night - without further explanation from you. Thus the need to have a lawyer who can advise you on the precise situation here.... Read More

THis is not an easy question to answer. There are many factors to discuss. The nature of the domestic violence charge. The police can 'look through the expungement'. We have had good success being straightforward and open. We use a retired state trooper. We work clo0sely with the police to 'educate' them about you and what took place. Please call to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

While it depends a bit on what County your case is in and the specific facts of the case, it is extremely unlikely that on a first offense, minor 'domestic violence' case you woudl go to jail.  The focus of domestic violence cases, for the most part, is to get the 'offender' into domestic violence treatment (not to jail them).  I would be VERY surprised if you saw the inside of the jail again. And there are plea bargains that can result in the case being totally dismissed in the end - and then it can be 'sealed' so it does not show up on a regular public background check.  NOTE: The reason you had to spend a night in jail is because the law requires that you see a judge and acknowledge the 'protection order' before you can be released. It is a sad 'quirk' in "domestic violence" cases. ... Read More

We do many domestic violence cases. We are available to discuss what happened on the day in question and in court. If the matter has been adjudicated, you should obtain the court transcript for us to review. As such, there would be no conjecture as to what was said in court. Please call. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

I think about all you can do is notify the Domestic relations court that your son is in jail - I do not beleive the criminal court judge will order transport of your son to the domestic relations court.  I would call or email the clerk for the judge that is handling the domestic relations case and let him or her know the situation - what jail your son is in, how long he is in for, etc.  The emails address (sometimes) and phone number for each judges cler can be found on the web page for that court (like Boulder court or Arapahoe county court, etc). There is a link to "Judges and Staff" on each website for each court....... Read More

Most assault and domestic violence charges can not be dropped, for one reason it is part of the classic cycle of domestic violence and for another if they could be dropped, people would be harassed in creative ways until they dropped the charges. There are ways through taking responsibility for actions that one may be eligible to take part in a Batterers' Intervention Program (often referred to as BIP), to receive a suspended or deferred sentence.   Completion of Anger Management, a Domestic Violence Inventory (DVI) and BIP can change a persons' life for the better.... Read More

We have a unique apprach to these cases whereby we put in place a 'plan of action' beforehand which addresses the concerns of both the prosecutor and judge. By way of example, we will have the perosn take 'anger management couseling' to address 'anger' issues. We will have the person join AA if alcohol is the issue. We are proactive. Please call immediately to discuss. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

Your facts are a bit vague -- you should call any competent criminal defense counsel, who should know the relevant rules off the top of their head, will advise if there is any problem and, if so, can give basic guidance for how to seal records if required.  Also consider looking at the forms at the Civil Self-Help Center run by the Legal Aid Center of Southern Nevada.... Read More

Yes, a subpoena is an order from the court directing you to appear. If you don't they can issue a warrant for your arrest. However, if he is your husband you can assert spousal priviledge and you do not have to testify against him. You should contact the prosecutor's office that is pursing the case and inform them that you intend to invoke your spousal priviledge. ... Read More

Dear Anonymous,      Foul language, unlesss it is threatening, does not rise to the level fo domestic violence. So yes, you can use that as evidence.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward-Palm Beach-Miami-Dade 954-316-3496/561-962-2785 ... Read More

I don't think that this will come as a surprise to you but my suggestion is that you meet with a family law specialist in advance of the return date of your final hearing to go over the allegations in your complaint and to determine if you should amend the complaint to add or clarify one or more of your claims. Please understand that in the courtroom setting for a final hearing ( different than what you experienced in getting the temporary restraining order), your testimony is limited to the specific claims in your complaint. If it is not sufficiently pled in the complaint, the court cannot allow you to testify as to something, not in the complaint or he will allow you to testify as to the additional item but then give your boyfriend sufficient time to prepare a defense to the new information. Too many times, people have reached out to us after failing to get the court to grant them a final restraining order to explore their options, and most of those times, they lost because they were not properly educated on what proofs they needed to present or how to properly present their proofs.  Even if you plan to represent yourself, it is worthwhile to spend the money for a consultation to review the complaint, your proofs, and how to properly present the material to give you a better chance of success or to explore alternate ways of protection. ... Read More

I am guessing that you have a domestic violence matter in Middlesex County and are asking for recommendations for the name[s] of lawyers who handle domestic violence matters and who are respected by the family part judges in that county. Let's start off with this firm and its managing partner Richard Diamond. Our managing partner is a certified divorce and family law trial lawyer by the New Jersey Supreme Court - meaning that he is one of the 4% of all family law attorneys in this state who are certified as a family law trial lawyer, handling domestic violence matters, divorces, etc. While many lawyers advertise that they handle domestic violence matters, you want to focus on those who are "certified matrimonial trial lawyers by the NJ Supreme Court" since that designation focuses on their specific trial skills as opposed to a million other types of designations that have nothing to do with trial or courtroom skills. ... Read More

I'm sorry to hear of you being a victim of domestic violence and during or near the end of such a long marriage. I'm sure you feel betrayed to learn your attorney met with your abuser, this meeting would have been something to talk about before doing it... but if you asked him/her why they met it may clear things up and I would presume it was in an effort to be prepared to better represent your interests.  Ask them why they met without first telling you they were going to do so.... Read More

The key is preparation. We would submit the proper documentation setting forth the relationship between the parties. We would provide sworn statements. We would provide proper background documentation. We would provide character letters. We would have you receive anger management counseling if appropriate. The key is being proactive and addressing all issues before one goes to court. We are immediately available to discuss. Please call asap. Ed Dimon, Esq. 732-797-1600 ext 235... Read More

It is a bit unclear exactly what was done in that record; you should consult with criminal defense counsel, who will know exactly what they mean and how to seal them.  There are also forms available on the self-help center website and legal aid has classes and some assistance available for sealing records; you might want to start with contacting the Legal Aid Center of Southern Nevada.... Read More

Below are 3 good sources to contact for assistance in finding a lawyer to represent you in the domestic violence hearing and to assist you in finding a lawyer to represent you in your "Tevis" claim against your boyfriend for damages. You may also ask the court in the domestic violence matter for the award of fees connected to your injuries, but again you need assistance from a lawyer to ensure that you present your matter/request correctly.  https://www.nj.gov/dcf/women/domestic/ https://www.nj.gov/dcf/women/hotlines/ https://www.womenslaw.org/find-help/nj... Read More

The 'victim' never presses charges.  The state does.  The 'victim' will be subpoened by the prosecution and if he fails to appear at trial HE will be prosecuted for contempt of court (ignoring the subpoena).  It would be unusual to go to jail on a first offense but it depends a lot on the facts and the county it is in etc.  Since you qualify for the public defender, my advise is to LISTEN to your public defender......... Read More