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Domestic Violence Questions

What is domestic violence?

Domestic violence, domestic abuse, spousal abuse, battering, family violence, and intimate partner violence is when a person has a pattern of violent behavior exhibited by one partner against another if there is an intimate relationship. These intimate relationships can be a marriage, dating, family, or cohabitation. The violence can be defined as physical violence, aggression, assault, or threats of sexual abuse, emotional abuse, controlling behavior, domineering behavior, intimidation, stalking, neglect, and economic deprivation. Read below where Experts have answered many questions pertaining to domestic violence.

If a person is a victim of spousal domestic violence, would the victim need to get a lawyer to go to court?

The victim generally would not need to retain an attorney since they are not the ones that are facing charges of domestic violence. The victim would be considered a witness to the crime and unless the victim was being charged, then they would need an attorney then, but if they are only a witness or victim, then they would not need an attorney.

If a person’s significant other was charged with domestic violence for threatening an ex who was stalking them, how can they get the charges dropped?

The person would need to hire an attorney and try to prove that they were only acting in regards to the harassing of the ex. If the person can show proof through police reports or witness, then he/she would be able to show the court that they were only acting out of frustration and not with any intention to cause harm.

If a person was arrested for domestic violence for accidently hitting their child during a fight with someone else, what can the person do to get the charges dropped since the child refused to sign a complaint when the accident happened?

In most cases when a person is accidently hit while a fight is going on, then the intent of the domestic violence is transferred to that person. When it comes to domestic violence cases, the only person that can drop the charges against any person is the District Attorney (DA). The person would need to look into getting an attorney to negotiate with the DA and try to gain a dismissal that way and if the person can prove that the other person was not defending themselves, then the person may be able to gain charges against them since the child was hit in the middle of a fight.

How can a person drop a domestic violence charge against another person and can this be done before the court date?

In most cases, once a charge of domestic violence is entered, then the person who filed the charges is no longer considered to be able to drop the charges since the state takes over the rights. The DA is the only one that can decide of the charges can be dropped or not. If the person wanted to recant their original charge, then they would need to seek the help of an attorney so that they can make sure that no charges of filing a false police report is able to be pressed.

What is domestic violence?

Domestic violence, domestic abuse, spousal abuse, battering, family violence, and intimate partner violence is when a person has a pattern of violent behavior exhibited by one partner against another if there is an intimate relationship. These intimate relationships can be a marriage, dating, family, or cohabitation. The violence can be defined as physical violence, aggression, assault, or threats of sexual abuse, emotional abuse, controlling behavior, domineering behavior, intimidation, stalking, neglect, and economic deprivation. Read below where Experts have answered many questions pertaining to domestic violence.

If a person is a victim of spousal domestic violence, would the victim need to get a lawyer to go to court?

The victim generally would not need to retain an attorney since they are not the ones that are facing charges of domestic violence. The victim would be considered a witness to the crime and unless the victim was being charged, then they would need an attorney then, but if they are only a witness or victim, then they would not need an attorney.

If a person’s significant other was charged with domestic violence for threatening an ex who was stalking them, how can they get the charges dropped?

The person would need to hire an attorney and try to prove that they were only acting in regards to the harassing of the ex. If the person can show proof through police reports or witness, then he/she would be able to show the court that they were only acting out of frustration and not with any intention to cause harm.

If a person was arrested for domestic violence for accidently hitting their child during a fight with someone else, what can the person do to get the charges dropped since the child refused to sign a complaint when the accident happened?

In most cases when a person is accidently hit while a fight is going on, then the intent of the domestic violence is transferred to that person. When it comes to domestic violence cases, the only person that can drop the charges against any person is the District Attorney (DA). The person would need to look into getting an attorney to negotiate with the DA and try to gain a dismissal that way and if the person can prove that the other person was not defending themselves, then the person may be able to gain charges against them since the child was hit in the middle of a fight.

How can a person drop a domestic violence charge against another person and can this be done before the court date?

In most cases, once a charge of domestic violence is entered, then the person who filed the charges is no longer considered to be able to drop the charges since the state takes over the rights. The DA is the only one that can decide of the charges can be dropped or not. If the person wanted to recant their original charge, then they would need to seek the help of an attorney so that they can make sure that no charges of filing a false police report is able to be pressed.

Domestic violence is a crime that affects a lot of families and relationships. When a victim of domestic violence is pressing charges or want to recant their charges, they may have questions regarding how to press or recant charges, what laws domestic violence falls under, how the victim is suppose to proceed, or what procedures the victim need to follow to make sure the domestic violence does not happen again. When these questions and concerns arise, then the person would need to seek answers from an Expert.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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    Rate the answer you receive.

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Tina
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Recent Domestic Violence Questions

  • My story all takes place in the state of NJ in Mercer county,

    My story all takes place in the state of NJ in Mercer county, Ewing Township. I have been in a 6 year long relationship that has just ended rather abruptly on Nov. 5th of this year. The home that we shared during those six years is a duplex and is owned by the father of the young woman I was in the relationship with. When we had an argument on Nov 5th, she knocked over a counter in the kitchen, and then called the police and told them I did it. When he police arrived after some discussion, they told her that it was my word against her's in terms of the counter being overturned. They also confirmed what I had told her earlier in the evening and said since I could in fact show residency, I could not be forcibly removed. When this news was delivered, in an apparent last ditch effort, she threatened to kill her self, after which she was in fact taken away for observation. When she returned home earlier then expected the next morning, further argument ensued until I finally decided I should leave for a few days to let things cool off. When I called her two days later she and her father had changed the locks and would not allow me to get my belongings. More argument ensued and continued across that weekend. On the following Monday I returned to the home as I had indicated I would to recover my belongings. When the locks had not been changed back and I could not access the home, I called the police. I wound up calling them twice that day. The second time, later in the evening as I had been instructed by the police earlier. I was asked to wait for a half hour due to the police being short staffed at the time. Forty five minutes later I was called back by the police who asked me to return to the home. When I arrived, they told me I could grab a few things at that point while they were there, but I was also served with a temporary restraining order against me. When we first met in court to address the TRO about a week later, I had managed to secure representation since I felt it was a good idea to be as prepared as possible. My ex-partner had not and was then granted about 3 additional weeks to secure her own representation. During the interim, my attorney had secured a copy of the TRO which I had not been allowed due to being listed as the offender. Once secured, he informed me that the incident report and the TRO contained wildly conflicting accounts and there should be no issue with the TRO given this. Approximately a week after that point my attorney seemed to change his position for reasons that remain unknown to me. His new position was that I should sign the agreement offered by her attorney which still included the requirement that I had to be overseen while removing my belongings despite having done nothing wrong and in fact having been illegally evicted from my home devoid of any eviction notice or legal eviction process. My attorney repeatedly told me that I had no right to the home as I had not signed a lease. Something that I have subsequently found to be inaccurate. His advice also changed from the TRO being no problem to I should sign the agreement or I would likely lose. When I reminded him of her conflicting stories and her having been taken away for observation, he actually changed his position and said her stories did not conflict and that the judge would allow for some difference since she would have likely been very upset. Given his advice I did sign the agreement and the TRO was dropped. However I did receive a lengthy lecture from the judge about how I now had a strike against me and would almost certainly be jailed should there be another issue. Once I learned following the signing of the agreement that I had in fact been correct and I did have a right to access the home until or unless there was notice of eviction served, and I should have had at least thirty days in that case, I was very upset and felt strongly that I had been treated unjustly by pretty much everyone involved. There is also the issue of money I had given my ex-partner. I had given her 6,200 dollars on March 18th of this year. Given the original rental rate at the time I had moved in, that should have payed me up until at least March of next year. Since I was in fact unjustly kicked out in early November, my math says I am owed 2,500 dollars. That said, when I gave her those checks things were no were near the state they are now and when she asked me to sign the memo as gift so as to avoid being taxed I readily agreed. I realize I will not be successful in any attempt to recover that money. I am actually not concerned with the money. I am mostly concerned with being forced to suffer the further insult of being overseen while removing my things despite having been quite frankly abused for almost two months now. What I would like to know is, given her stories do conflict greatly, and my attorney's incredibly poor counsel , can I do anything to get this agreement dismissed?
  • My Wife had me arrested for domestic abuse. I came home from

    My Wife had me arrested for domestic abuse. I came home from an appointment and found the front storm door locked which I had know key. So I went around back to go in and saw another man in my kitchen with my wife. Several times I watched and she reached in giving him a kiss romantically. When her male friend came out the door confronted me she said she would call the police if I didn't let him leave and so I let him leave. I went in and angry from what I saw. I did yell at her and called her names. She left for awhile. My nerves were on end so I had several drinks to try and calm myself down. She came home and again we got into arguing. I mainly was telling her to leave, get out of my house. I was in the kitchen when this happened. She went to her bedroom and was there for awhile on the phone with someone. I went to see her and again asking/telling her to leave get out of my house, But she was ignoring me so I picked up a cat toy which was like a material covered mouse with cat nip in it. I tossed it at her to get her attention. She threated me with calling the police again so I left and went back into the kitchen. Then the police arrived and one officer went in to question her. She said to the officer I barricaded her to her room, threw an object at her and hit her on the head and threatened to kill her. After he talked with her asked me if I did those things and said all I did was throw a cat toy at her. He said she has a small lump on her head and she is pressing charges, so I was arrested. Now I have been told I can't go near my home until I go to court on the 22 of December or I lose my bond and can be rearrested. I need some help here...
  • I'm recently maried, I moved to LA with my husband since August

    I'm recently maried, I moved to LA with my husband since August for his work. We are originally from Montreal canada. I don't work here, I have no family nor friends and he's gotten really aggressive. I wanna leave, I have no money and I sold everything coming here. He's doing his fellowship here, he just finished his residency as a nuro-surgeon, so there for has nothing but depts himself. I wanna know what my options are regarding money?
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