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Questions about Domestic Abuse Laws

Does domestic abuses include stalking and harassment that leads to threatening behavior by the perpetrator?

Depending on the individual state laws, domestic abuse can include stalking, harassment, physical and verbal abuse, as well as internet and cyber threats. Basically anything that makes a victim feel threatened or made to feel that their safety is in jeopardy can be considered a form of domestic harassment. If you feel harassed, you should get a restraining order from the court to ensure safety. If you need clarity on whether your situation qualifies as a case of domestic abuse or harassment, you can ask a Lawyer on JustAnswer.

Can someone drop a domestic abuse charge against a spouse?

The only way that a domestic abuse charge can be dropped or withdrawn is if the person that originally filed the charge admits to lying about the abuse. There is no other way to drop or withdraw the charges since the state takes charge of the prosecution once a domestic abuse case is filed. If the person who filed the charges decides to state that the allegations were untrue, then criminal charges may be filed against them. Filing and withdrawing a domestic abuse charge can be tricky and can raise many questions. If you need your questions about domestic abuse answered, Family Lawyers on JustAnswer can help in guiding you.

Can someone’s children be brought as witnesses to an adult harassment charge?

Depending on their age, and if they are material witnesses, children may be subpoenaed for deposition or compelled to make a court appearance to testify in the case. State laws differ on the age requirement of children being called as witnesses, and their age will decide whether they can be brought into a court or give verbal recorded depositions. Lawyers on JustAnswer can answer your questions about whether children can be brought in as witnesses in your state.

If someone was given a temporary restraining order for domestic assault can a permanent order be obtained?

After a temporary restraining order is put into place for domestic abuse, the court usually holds a hearing within a few weeks of granting the restraining order. This hearing will allow both sides to present evidence to the judge. Depending on the severity of the offence and other circumstances, if there is evidence of domestic abuse, the court will most likely extend the temporary restraining order to a full restraining order.

Can someone accused of domestic abuse qualify for a public defender?

A public defender is legal counsel that acts as a lawyer to defend the person accused of a crime. Many times, legal aid or a public defender is granted if the accused cannot afford an attorney. Public defenders are able to do research as well as appear before a judge on the behalf of the accused in any crime. As such, a person accused of domestic abuse can seek the services of a public defender. There are many resources for legal aid in each state. If you are not sure where to contact for legal aid or a public defender in your state, you can ask Lawyers on JustAnswer.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9157
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
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Recent Domestic Abuse Questions

  • Currently in a custody battle. I was a stay at home dad from

    Currently in a custody battle. I was a stay at home dad from the day my daughter was born until the day the mother left the home in the middle of the night after a DCF investigator interviewed her for Domestic abuse and substance abuse around the child.
    Since then (almost a year ago) the mother has been restraining my time with my daughter dramatically (i may see her 2-3 hours/week). I understand the courts look at who takes care of the daughter as a primary caretaker. Since the mother has not allowed me
    to see my daughter, I feel she is trying to &quot;turn the tide around&quot;. I read somewhere that the time judges look at is PRIOR to the filing of the suit. Does the judge look at who the primary caretaker is before or after the suit is initialized? Since she has
    limited me access to my child and now she does &quot;everything&quot; , does that hurt my case?
  • A custody hearing has been set for November 6th. We have

    A custody hearing has been set for November 6th. We have mediation October 6th. There is a chance we will not agree on several issues, so I am getting ready for trial (I am pro se). On my witness list I included a police officer (for a Domestic Abuse arrest
    last year) and a Child Protective Services investigator (when the mother was investigated for substance abuse and anger issues). How long before the trail should I subpoena them? Should I wait until mediation to see if we are going to trial?
  • Hi, I'm not sure if this is the correct motion I should file or what I should or can

    Hi, I'm not sure if this is the correct motion I should file or what I should or can do? I divorced, less than a year ago, being prodded by the court, as the separation was exceeding 6 years. I was disabled by domestic abuse by my ex-husband, was heavily under the influence of narcotics for pain, agreed to certain items I regret doing, since I have been in recovery for the last 4 months. Convinced to use mediation, as my ex-husband would not communicate with me. I live in MA, just read about a case in which the judgement was changed, (Rule 60). Would the motion for reconsideration apply in my case.
    More complications in the situation could be mentioned, but in order to make this question a little concise, I have omitted them. Thank You
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