Domestic Violence Legal Questions

Your question is not a family law question, but is a "torts" question and appears to be in the sub-specialty of "1983" actions: "The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color of” state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes." I suggest that you start your search for consultation/representation by calling tort lawyers (you can start with the ones that adevertise for auto crashes, etc.), and ask for referrals for attorneys who specialize in bringing false imprisonment/1983 cases; I thin you will eventually end up talking to a specialist who can more completely advise you as to your rights and options.... Read More

   I am assuming that the "lying" party attempted to get a domestic violence injunction against you?  If so, as you stated, no injunction has been entered, so you know the adage- "not guilty until proven so."    Often a court will grant a continuance for any number of reasons, when it will not prejudice the party who did not request the continuance.  SInce there is no injunction entered, it was not technically prejudicial.  You can request that she bring a death certificate with her, but I would also ask her details of the death, what relative, location of funeral, etc. when you do go to court.  The relevance- if the court asks- is to show she was untruthful, and therefore, she may be untruthful about what she is saying to try and get an injunction against you.    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

Inactive means that a warrant has been issued.  You very much still need to be worried about this case.  You should consult with a local attorney to resolve the warrant issue.  Once that is taken care of the attorney can help you work on any potential defenses.  I would deal with the warrant issue sooner rather than later as they have a habit of popping up at the worst possible times.     ... Read More

Please take no offense at this.  All of us who read your question rely upon your grammar, punctuation and spelling to understand how best to address your concerns.  Without these basic social contrivances, that many take for granted, it is impossible to understand what you are asking.  Please have someone help you ask this question.  In its current form it makes no sense whatsoever.... Read More

Theoretically, any person subpoenaed to court can be found in contempt and a warrant issued if that person does not show up.  In the real world, if a critical witness is missing at the time of a criminal trial, the defense typically moves to dismiss the case entirely, since the prosecution cannot prove its case without the witness.... Read More

You can "plead the fifth" if you believe your anwers may serve to incriminate you; that is because the fifth amendment prohibits compelling a person to testify against himself or herself.  If you are trying to not testify against someone else (your spouse) your inquiry is about the "marital privilege" and should be directed to a criminal law attorney.... Read More

Depends on the facts of the case really.  The Commonwealth can compel her testify with a subpoena.  That means if she doesn't testify they can arrest her and hold her in contempt.  However, in some cases if the complainant doesn't show up the Commonwealth will dismiss the charges.  What county you are in makes a big difference.  Many counties don't even require the victim to testify at the Preliminary Hearing (they don't have to according to the rules) but a few do.  Your best way to answer this question is to talk to your attorney and find out how your county and judge handle these matters.   It is not unusual for the complaining witness to be uncooperative in these types of cases.  Most prosecutors have handled this situation a few hundred times and will have well defined rules and procedures.  The only way to know what those are is to have local counsel who will likely have handled a similar number of cases. ... Read More

It really depends on a number of thing but to directly answer - if the victm does not show up it is likely the DA will dismiss the case. But they have the ability to subpoena her for the trial and force her to show up or she could get arrested for not showing up. Also, they can, at times, proceed without her as a witness.  I would not count on winning by her not showing up. ... Read More

Dear Anonymous,    Based on the information that you provided you may be able to file for divorce in Massachusetts for cause. Depending on when you returned to India, Massachusetts may or may not have jurisdiction over the children to determine custody matters.   ... Read More

  Unfortunately, in a criminal matter, the state is the Plaintiff, and your husband is the "victim".  Depending on the county, if your husband puts in writing that he does not want to proceed with the charges, it basically leaves the state with no victim or witness, and sometimes they will drop the charges.    You should get a criminal attorney to handle this for you.  It should not be too involved, if your husband continues to wish to drop the charges, and it is worth the investment to get this taken care of.   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

An attorney can represent co-defendants, but it is not typically recommended as one defendant can be called to testify against another and thus cause a conflict.  It sounds as though your current attorney is aware of the conflict which would result in him not being able to represent either defendant unless both you and the co-defendant waive the conflict.  You may want to consult with another attorney if you are not satisfied with your current representation and if there is a conflict, then a new attorney may bring that issue up with the Court.  ... Read More