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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The only way that a domestic abuse charge can be dropped or withdrawn is if the person that originally filed the charge admits to lying about the abuse.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: 9513
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
11 Family Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 9484
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dimitry K., Esq.
Attorney
Satisfied Customers: 7405
I provide family and divorce law advice to my clients in my firm.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 7143
30 years legal experience. I remain current in Family Law through regular continuing education.

Recent Domestic Abuse Questions

  • Have a temporary kids arrangement hearing coming up (5 and

    Have a temporary kids arrangement hearing coming up (5 and 6 year olds). Most of our issues that led to divorce were related to parenting styles. She suggested that she will try to get full custody making the argument that I have temper issues. Our fights were pretty much always about me trying to defend the kids from her harsh and unreasonable punishments (both physical and humiliation, many examples).
    Two years before the divorce, the wife and I got into an argument and she started throwing my stuff outside. I said if you don’t stop, I will do the same. She continued, so I started throwing her stuff. She then started taking pics of her stuff saying that she will use the photos as evidence against me. I took her phone and broke it with a rock that was laying around.
    How do I best present this one time when I was dumb and basically fell for her trap in trying to get me to lose control? I have never hit my wife or the kids.
  • My daughter and the father of her children are in a custody

    My daughter and the father of her children are in a custody dispute kicked off by an incident last weekend where his wife was arrested abuse. The children were removed from his home by his brother and given to her. She has filed paperwork to begin the process of declaring her the full time custodial parent. She lives with us. There is no current custodial agreement. He just called and asked to visit th children sunday when our daughter is at work. My husband said ok. Can he legally take the kids at that time? We live in colo
  • My daughter age 26 and her significant other also 26 are not

    My daughter age 26 and her significant other also 26 are not married. They have three kids under the age of 5 (one 16 days old). It was verbally agreed that he wanted her to stay home with the children. He also conveyed this to us, her parents. There is an engagement ring but we wonder if it's only for show?
    He controls the finances, the vehicles, the cell phones. Last week he decided that "he needs a break and she shouldn't hang around". Despite just having major surgery, a c-section and being unable to drive he wanted her and the children to leave their home at 8 pm at night.
    His parents are millionaires and he has made the comment before that their money will trump anything she ever does. We on the other hand are blue collar, worried-sick parents/grandparents.
    What I need to know is, what is a safe plan of action for her? I worry that if she leaves with the kids he will say she kidnapped them. We are trying to lay low and see if this matter blows over, but I fear that it won't and after seeing how he treats her and the children, staying doesn't seem like the answer either.
    Worried in Wisconsin
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