Domestic Violence Legal Questions

It is not clear what question you are asking; you most certainly should schedule a consultation with a competent criminal law attorney to go over what you should do and how you should do it, before any court dates.  If the relationship is so toxic that false allegations are being made to the police, consider a consultation appointment with a competent family law specialist to discuss your options in terminating the relationship and getting approprite orders for property division, child custody, and child support.... Read More

I am going to guess that you represented yourself at a domestic violence final restraining order hearing and during the course of that hearing, the other side sought to introduce what she claimed were text message material from communications between the 2 of you. There is a reported trial division decision on the admissibilty of the text message material writting by retired Judge Jones. In that decision, he lays out how text message material should be presented to the court for authentication purposes. The problem is that you represented yourself and  I dont know if the judge hearing your matter, afforded you the opportunity to review and object to the courts consideration of that material. I also dont know if you properly objected to the courts consideration of that material when presented or whether you objected after your ex had already testified as to the contents of same.  If you would like, contact my office to schedule a consultation for us to review the materials presented and the court order entered against you. You have a very limited window of time available for purposes of filing an appeal so whether you contact our office or another family law firm, you need to move quickly. If you are planning to contact my office, call my paralegal Angela at 973-379-9292 or email the office at NJDivorcelawyer@aol.com to schedule it. ... Read More

It depends on what they charge her with.  If there are not allegations of bodily harm or use of a weapon, it might be charged as a class B misdemeanor.  Class B Misdemeanors carry a maximum snetence of 6 months in jail.  However, upon jail time is rare for a person with no criminal history being convicted of theoir first class B Misdemeanor.  If fighting the case is not possible, a good attonrey should be able to resolve the case in a favorable manner.  As a victim, you also have the right to be represented by counsel.  You don't have to speak with the prosecutor or the cops.  Anything you say to them will be used against your Fiance.  Hire an Attorney ASAP.... Read More

As a victim or alleged victim, you have the right to be represented by your own attorney.  It woudl be wise to hire an attorney who knows how to represent victims and work with a prosecutor to get a case like this dismissed.  If the prosecutor thinks they can prove the case, they often won't drop it even if the victim wants the caser to be dropped.... Read More

You have the right to ask the cour tto dismiss your petition.  The Judge might still keep the next hearing and have you ask to dismiss the petition at that hearing.  The Judge will just want to know if you no longer have a reasonable fear; their fear is generally that they dismiss an order and then someone gets hurt.  But they have to dismiss it if you ask.... Read More

Yes, if the person who obtained the civil Temporary Protection Order ("Petitioner") does not show up at the Permanent Protection Order Hearing (normally set about two weeks after the TPO is obtained), then YES the Permanent Protection Order cannot enter and the TPO will be dismissed.  However, if you are talking about the CRIMINAL protection order attached to a criminal charge against a person, then there really is not a second hearing, the court is attempting to protect the victim and the Court will decide what to do (although it can modify the order if the "vict5im" requests it).  ... Read More

If he plead or was found guilty of the charge of "domestic abuse battery," as well as specific battery offenses against a dating partner, Louisiana Revised Statute § 14:95.10 would prohibit him from possessing firearms for a period of ten years after the completion of his sentence, probation, and/or parole. Furthermore, federal law also prohibits the purchase and possession of firearms and ammunition by certain convicted domestic abusers. With his probation only just completed in 2018, he would be precluded from owning or possessing a firearm until 2028 at the earliest. Violation of that statute could result in him being imprisoned with or without hard labor for between one and five years and be fined between five hundred dollars and one thousand dollars.  ... Read More

There are two separate issues here. The first is the domestic violence charge. It's unclear from your question whether you have been charged with domestic violence, or if she is leveraging the allegation to get a divorce. If she has filed a police report and pressed charges, then you need to argue exactly what you have with an attorney present.    If she is using this as leverage in a divorce proceeding, then it doesn't particularly matter. Ohio is a no-fault divorce state. All that needs to be alleged and proven is that you are "incompatible" which is an extremely low burden.... Read More

While your facts are not entirely clear, a dismissed case should have no singificant after-effects, although you still have to answer the questions on the CCW application honestly, and if they trouble you, you may want to go through the steps to seal the case entirely, which permits you to lawfully deny that it ever existed.  If you have questions, consult with any criminal defense attorney, which is the field of attorney that deals with these questions most often.... Read More

If you were granted a Final protective order by the court, and your husband was ordered by the court to vacate the premisies, then no, he could not sue you to get back into the apartment.  Regarding removing his name form the lease, that is up to the landlord.  More likey is that the landlord will not release him from the lease until the date of renewal.  In fact, both you and he (presuming that both of your names appear on the lease) will be responsible for paying the lease, presuming you were to move out, until the lease was up for renewal and no one paid it at all.... Read More

You should consult with you criminal defense attorney before you do anything.   It is always best to be open and honest with your attorney so that we can give you the most sound advice.  When you have open charges you should never talk to the police without your attorneys advice and consent.  Charges against your ex can always come later, your personal freedom should be protected first.... Read More

I am not sure if criminal charges were filed against you or whether your girlfriend filed a domestic violence complaint against you based on terrorist threats, etc or whether your girlfriend  filed a domestic violence complaint and separate criminal charges against you for those actions but you need to meet with a family law specialist immediately. This is not a setting where you want to go to court to try and defend yourself without understanding the legal consequences of the charges against you. In retaining a family law attorney, he needs to review the actual complaints filed against you and read the underlying incident report[s] to know what you are up against and what is the best course of action for you to take. But, please do not ignore the seriousness of the charges against you and do not wait for the court to contact you. It is your responsibilty to contact the court to find out when the matter will be on before the court, so that you can be properly prepared. ... Read More

   If you obtained a restraining order in family court, and you failed to appear for the hearing, the Court will just dismiss the action.  If this is pending in criminal court, then you should contact the state attorney who is handling your case (or victim's advocate) and advise of your desire to drop the "no contact."  They should be able to tell you what you need to do, if anything, to accomplish same.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496-561-962-2785... Read More

(b) A person commits the offense of vandalism who knowingly: (1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent; Although I think it's a pretty crappy criminal case, and I think an officer with sense might have told your boyfriend to take it to civil court, paying the monthly service bill does not necessarily make that your property. If it was a gift, then it was his property and you can't damage it. I don't know if a jury would say it was a gift, and if I was the DA I would drop this crap ass case, but I can't speak for DA's or cops. ... Read More

I am not sure what abusive means. If hes's committed a crime towards you, he can be arrested, but then he's not paying the rent and utilities.  You're both on the lease. I don't see what right you would have to just evict him.  You could seek a domestic order of protection which gives the judge an option of awarding you custody of the home and banishing him from the home, at least temporarily.  Or you could move out and go elsewhere. That's probably your best option. ... Read More

It is not possible to give the sort of detailed case analysis and advice you are looking for by email.  In terms of an existing charge of violation of a TPO against you, if it's already happened by a hearing master you can requesst a review by a district court judge, but there are short timelines for objecting.  On the other side, the rules build in attorney fee and other sanctions if it can be proven that a reporting party has made a false claim.  You are really going to have to assemble all the documentation of the "long drawn out chain of events" and schedule a full consultation with a qualified family law specialist to go over it top to bottom and figure out your risks, costs, benefits, and options.... Read More

Unfortunately the first question that we have to ask is "is your ex collectable"? By that, I mean does he have any money or the prospect of future money to compensate you. This can sometimes be answered if there is any kind of insurance that he has, typically homeowner's insurance, that might cover assault if you were to bring a claim. If he doesn't have assets or insurance that would cover this, there is really no point in bringing a civil claim and you shold proceed with a criminal complaint.... Read More

That question calls for mind reading. What I'll say is the PO's I have personally known would violate him if they see a report where he caused you physical injuries during a fight. They would say that is, in no way, "good behavior." The "real world" may believe it's somehow or sometimes ok for arguments to be physical but the court world does not, period. It sounds like bf needs immediate anger management if not substance abuse counseling if he escapes prison. There's never a reason to put your hands on a woman. Never. Not one.... Read More