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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The only way that a domestic abuse charge can be dropped or withdrawn is if the person that originally filed the charge admits to lying about the abuse.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: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
5 Family Lawyers are Online Now

How JustAnswer Works:

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    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Domestic Abuse Questions

  • I have a simple assault on my record and at the time it was

    I have a simple assault on my record and at the time it was between my ex and I the X and wrote a letter to the state and didn't want to press charges or anything but the state pressed forward and in my new girlfriend's custody battle that simple assault barred me from living with her or being with my daughter full-time as I'm not allowed anymore to be around her other daughter during her parenting time. Reason being judged said because I have domestic in my history what can I do to fix this?
  • STATE OF NORTH DAKOTA COUNTY OF BURLEIGH Mom, ) ) Plaintiff,

    STATE OF NORTH DAKOTA COUNTY OF BURLEIGH
    Mom, ) ) Plaintiff, ) )
    IN DISTRICT COURT SOUTH CENTRAL JUDICIAL DISTRICT
    vs.
    ) JUDGMENT
)
) Civil No. 08-2014-DM-00126
    Dad Dad, ) ) Defendant. )
    The above entitled matter, having come before the Court, and the Court having issued its Findings of Fact, Conclusions of Law, and Order for Judgment;
    NOW THEREFORE, IT IS HEREBY ADJUDGED AND DECREED as follows:
    JOINT RESIDENTIAL RESPONSIBILITY
    1. The parties are granted joint residential responsibility of the minor child. Both parties shall have the right to fully participate in decisions regarding the life, health, and activities of the child when the child is in the care of the other party as set forth by the legislature. Under NDCC 14-09-28(1), both parties are advised of the following custody and visitation rights and duties:
    a. Right to access and obtain copies of the child's educational, medical, dental, religious, insurance, and other records or information.
    b. Right to attend educational conferences concerning the child. This right does not require any school to hold a separate conference with each parent.
    c. Right to reasonable access to the child by written, telephonic, and electronic means.
    d. Duty to inform the other parent as soon as reasonably possible of a serious
    accident or serious illness for which the child receives healthcare treatment. The parent shall provide to the other parent a description of the serious accident or serious illness, the time of the serious accident or serious illness, and the name and location of the treating healthcare provider.
    e. Duty to immediately inform the other parent of a change in residential telephone number and address.
    f. Duty to keep the other parent informed of the name and address of the school the child attends.
    2. Each party is awarded decision-making responsibility when the child is in their care relative to: (1) Routine or day-to-day decisions; (2) major decisions such as education, healthcare, and spiritual development; (3) information sharing and access, including telephone and electronic access; (4) legal residence of the parties’ minor child for school attendance.
    PARENTING TIME
    3. Given the difficulties with parenting time during the past year, for the first month, Dad will be entitled to parenting time from Friday evening at 7:00 p.m. until Sunday evening at 7:00 p.m. for the weekends of October 24 to October 26 and November 7 to November 9. Thereafter, the parties shall alternate weeks beginning Friday evenings at 7:00 p.m. and ending the following Friday at 7:00 p.m. The alternating week rotation will begin on Friday, November 14, 2014, with Dad.
    4. Given Boyfriend’s history of domestic violence and the lack of evidence of any successful completion of batterer’s treatment, Boyfriend may not be present in Jennifer’s residence during any parenting time periods where S.Z. is in Jennifer’s residence
    effective immediately. The Court will reconsider this restriction upon evidence of successful completion of a batterer’s treatment course.
    5. All exchanges shall take place at the truck stop in Steele, ND, unless the parties can mutually agree on another location.
    6. As to holiday parenting time, the parties shall rotate the following holidays so that every two years each party will be with the child once on each of these holidays:
    a. Easter weekend from 5:00 p.m. on Good Friday until 5:00 p.m. on Easter Sunday;
    b. Memorial Day weekend from 5:00 p.m. the Friday before Memorial Day until 5:00 p.m. on Memorial Day;
    c. 4th of July shall consist of 3 days. If the parties cannot agree on the 3-day time period, the 4th of July holiday shall commence at 5:00 p.m. the day before the 4th of July and end at 5:00 p.m. on the day after the 4th of July;
    d. Labor Day weekend from 5:00 p.m. on the Friday before the Labor Day weekend until 5:00 p.m. on Labor Day;
    e. Thanksgiving from 5:00 p.m. the Wednesday before Thanksgiving until 5:00 p.m. the Sunday after Thanksgiving.
    f. Christmas from 5:00 p.m. on December 23rd or once the child starts school from 4:00 p.m. on the day school recesses for the Christmas break until 5:00 p.m. on December 26th
    g. New Years from 5:00 p.m. on December 26th until 5:00 p.m. on January 1st or once the child starts school until 4:00 p.m. on the day school resumes after the
    Christmas break.
The holiday rotation shall begin with Dad having Thanksgiving and Mom
    having Christmas.
    7. Momshall always have parenting time on Mother’s Day weekend, and Dad shall have parenting time on Father’s Day weekend. Each of these weekends shall commence at 5:00 p.m. on Friday and end at 7:00 p.m. on Sunday.
    8. Mother’s Day weekend, Father’s Day weekend, holiday weekends, birthdays, and other holidays which occur during a parenting time week shall have precedence over any scheduled parenting time.
    9. Decision-making responsibility. Each party shall have decision-making responsibility so as to allow each parent to continue to have
  • I am scheduled for trial in support court, Long Island NY.

    I am scheduled for trial in support court, Long Island NY. The petitioner has a court appointed lawyer, I was told I cannot get one. Reason apparently is because petitioner also is in violation (because of my counter file). I tried contacting local schools and bar association but was told that none of them deal with support court. Isn't that considered unfair advantage by the other party? I cannot, by any means, afford a lawyer. What are my options? Also, if there is a stay away order of protection am I still obligated to hand over my personal information to the opposing party that I have the order against? Wouldn't that be putting myself and children in a confidentiality conflict?
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