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Recent Domestic Violence questions

Arrested on a female a few weeks ago on my wife,

Arrested for assault on a female a few weeks ago on my wife, but we are still together and wanted to know how to go about getting charges dropped. Wife was seen at the hospital and had to receive staples in her head, had x rays taken which showed a possible hairline fracture on her chest, and a CAT scan taken that revealed no other injuries. While the police were on scene, she did not provide them any proof that I had caused the injuries, she declined to be treated by EMS, but yet the officer still wrote that I had punched her in the back of the head, choked her, grabbed her by the hair, and punched her with a closed fist. She did not confirm any of those allegations but the officer suggested that I had done that to her and basically told her that I had. I also was not read my Miranda rights before being placed under arrest. All he said to me before putting my in handcuffs was, "You know I'm going to have to arrest you, right?" My wife is also being cooperative and is willing to admit that it was a fault on both of our parts.

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Christopher B, Esq

Attorney

Juris Doctor

5,270 satisfied customers
False arrest and civil rights violation case

False arrest and civil rights violation case (California):During a domestic dispute in Dec'14 my then wife (now ex) called the police and accused me of physically abusing her. After the police arrived they arrested me for felony domestic violence. I posted $5k bail and got out after 10 hours in jail. I have no prior. The DA did not press charges as there was no evidence of violence. I waited 1 year for the statue of limitation to expire for the DA to press charges. Consequently in Jan'16 I filed a motion for finding of 'factual innocence'. The DA did not oppose. The motion was granted in April'16 (last week) and all records of the arrest were ordered sealed and destroyed.Question 1: Based on the short description, do you think I have a valid case of false arrest and civil rights violation against the police? Question 2: If answer to Q1 is yes, what is the usual amount of compensation in such cases?

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Zoey, JD

Doctoral Degree

29,536 satisfied customers
I was recently dismissed of all criminal charges due to a

I was recently dismissed of all criminal charges due to a prosecution brought against me by a man I briefly dated - only two months. They were domestic violence charges due to the added "any intimate partner" under the definition of what constitutes 'domestic.' Due also to mandatory arrests / 'arrest now / investigate later' I was arrested, prosecuted, and eventually cleared of charges because it was made evident that this man withheld all his communications with me - over 5000 text messages when making the report, perjured himself on the supporting affidavit, coerced another witness to sign an affidavit he did not want to in order to bring these charges against me. It is baffling the man was not prosecuted once I was dismissed, but such is the case - prosecutors are often reluctant to bring cases against complainants. In the months I was prosecuted, I lost huge amounts in attorney fees, a trauma psychologists' fees because I was so profoundly traumatized this happened to me, to say nothing of the emotional distress and the repetitional harm of just having criminal charges against me. I do not want to sue the police or the prosecutors because it is an uphill battle. But I absolutely do think some legal recourse is warranted for justice because of what this man did to my life. Would this be malicious prosecution? Abuse of process? Emotional distress? I will be getting an attorney, but I am seeking some guidance as I have no understanding of tort law.

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Attorney 1

Managing Attorney

3,420 satisfied customers
My family all went to dinner a couple weeks ago where my

My family all went to dinner a couple weeks ago where my wife got angry and threw the check at me in the restaurant and I then threw it back at her.From there we went home and she attacked me by grabbing my face with her hand and I then took her phone and smashed it.From there she threw 2 chairs at me and started to hit me in the face and I defended myself by pushing her in which she fell and then she got up and attacked me again and I pushed again and she fell.She then went outside with the kids and I told the kids let's go because I wanted to leave and diffuse the situation.Upon leaving she ran after me in the garage and started hitting me again and I pushed off of me again.She got hurt in the garage and fell on some sharp that cut her back and her two arms where swollen in exact same spot but she does have psoriasis.She started calling me and saying her arms are broke which they where not because I never touched her and she said I'm going to put you in jail so I went to the police station and made a statement about what happened.The police did not arrest either of us and we both did not press charges against eachother.She went to the hospital where she stayed for a little while and then left against medical advice.We have also both signed a statement saying that we both wish to not charge each other for anything.What do you think will be my outcome

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Lucy, Esq.

Juris Doctor

30,310 satisfied customers
I have an employee that I am trying to help get counsel. She

I have an employee that I am trying to help get counsel. She is currently dealing with the MD states attorney and has not been treated fairly. She was a victum of domestic violence and was taken to shock trauma and had to be revived. The man that did this to her said to her that he was going to kill her and dump her body. Fortunately the woman he lives with found her and called the police. This man stabb himself in front of her and said she did it. While she was being admitted to shock trams he went d own and filed charges on her. After 10 days in shock trams an attorney that was recommended by house of Ruth met with her on the day she was released. Her took her from shock trams to the police station where the made her bed over and search her, tried to look under the bandages she had and then put her in jail. She asked the attorney to contact her sister, he did then left her there. They put a 15,000 bond on her and she was able to be released. The attorney suggested she put a restraining order on him, not knowing that she needed a peace order. She went to court three times in orde to finally get her peace order on her dropped and one placed on him. They charged him with assault and 2 other smaller charges so when he was arrested he did not have a bond on him. This happened September 2 and to this day he is out working and going about his daily life and she is still unable to drive and emotionally and physically worn out, she cannot sleep for fear he will come and kill her. The state has now said that the peace order should keep him away but I do not believe it will. She originally wanted him charged with attempted murder but we are not sure that has been done. A background on the man is detailed. He was in some type of rehab jail then was released and was able to get clearance to work on govt. jobs. This does not sound right to us. She has had a very hard time getting any help from anyone and foesnT know what her rights are and what can be done.Please advise me if she would either have a case against the police department or state of MD or if she just needs a lawyer to represent her that will look out for her best interest. I am willing to help her pay for an attorney if necessary. Apparently he has a hearing in January and another in March but she is afraid he will kill her before then.I find it difficult to imagine that women or men would have to go thru this when it comes to domestic violence. She has not been treated like the victim with this case and doesn't know what to do.Thank you for taking the time to read this email.Aurelia Hamel ***@******.*** (###) ###-####

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
I had a divorce filed by my ex husband 3/28/13 and I signed

I had a divorce filed by my ex husband 3/28/13 and I signed documents and returned them to California. I filed for child support on 2012. He asked for modification that day I took advantage to ask the court to waive my fee and finalize my divorce and linkit with my new case by California as my home state authorized by me. Now he dismissed our divorce 2/2015 and I have those order but they are not the same I got and finalize originally can California superior court do that? I also have the transcript from thatdate all all my documents together. Second can I file order to show cause and affidavit for contempt? I've already had a hearing but asked for a continuous because he falsified the divorce order I paid and return case I closed my case in Tennessee as judgeordered for California to put my case as sanchez vs Carlos.i got awarded for full custodial due to the judge stating that the kids reside in Tennessee. What can I do? If possible have someone call me and help me through my case that's if it's valid

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
RE: Downward departures/Variances Can you shed any light on

RE: Downward departures/Variances Can you shed any light on "Downward Departures or Variances" in regards ***** ***** Sentencing. Question 1: In your opinion should downward departures be submitted in writing? Question 2: If so in the form of a Motion?question 3: Or in your opinion just argued verbally at sentencing. Question 4: Are their any charts or point systems per variance or departure? question 5: If so what would the points be for these variances for a 75 years old Defendant: 1. Head of Household2. Military 3. Greater Health disproportionate Risks (3553(a)(2)(D) 4. Age and Infirmity. 3553 (a)(2)(B)(C) 5. Recidivism. Guideline Section 5H1.1 Amended Nov 1, 2010 6. Unwarranted Sentencing Disparity 7. Admitted Guilt in Civil Agreement 8. Domestic violenceThanks for your opinions

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
i am legally married dmy husband attacted me on jan 3 and

i am legally married dmy husband attacted me on jan 3 and neighbors called the cops and he got arrested his family bailed him out and he is at his mothers house under gps monitor tracking in florida. went to court last wednesday to drop the injunctionso i could leave the state of florida. wednesday injunction was dropped and i left florida came to my home town in texas and reside here again. my husband in bipolar and schitiphrenic he say he doesnt remeber any violent attacks and in the past he said heattacke me becase he was scared for his life. like 4 years ago 10/22/2010 he beat me in the fetal position when i was pregnant with his child married him 5 days later. how can i legally prevent him aand his family from trying to take my daughter

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
After having been married for over 12 yrs my mother in law

After having been married for over 12 yrs my mother in law proposed my husband and I moved here from Florida and into her house, to help us by not having to pay rent and so that it would not remain empty and avoid its deterioration if left vacant indefinitely. We took her up and moved in mid-May of this year. She had moved out to Savannah with her daughter where she has resided for almost two years now and rented the house for almost a year but did not work out. Up until the very move, she had always been a sweet and loving lady to me. But her nice attitude turned into disdain and anger since day one of our moving into her house. She contradicts or dismisses anything I may say, mocks his son for cooking for us and finally verbally and physically assaulted me, last Friday September 12, when after a solid week of her attitude and during her visit to see how we were taking care of her house, I finally had enough and defended my assertion. She insulted me because I assured her wallpapers had been there at least since I first came to the house in Xmas of 2000. Instead of letting it go (as I had on endless number of points during that week) I dared to insist on this, and she kept calling me stupid. After she smacked me across the face over my assertion, telling me I was “mouthy”, I asked her if she was crazy. She grabbed me by the arm and asked me to leave her house. I have been a realtor in Florida for the last ten years and was certain that residents in a dwelling cannot be kicked out to the curve on a whim, based on the sole fact that her name is ***** ***** property deed, and in spite of any existing written or verbal living arrangements. The fact is, I pretty much spent all the money I earned last year, relocating out here and installing a driveway into the property. Not to mention the money and endless hours, days and weeks spent cleaning, and beautifying the home and yard. When last night my husband joined his mother in her verbal and physical abuse of me, I asked them to call the police. Plus I thought it necessary as my husband was drunk and threatening me with his shot gun. The police showed up and asked me if I wanted to press charges for which they would make a report. I said no. I am not planning to move or divorce unless my husband takes the initiative and the expenses simply because we have been through a lot together and in order to make it here. I am broke and exhausted plus I love my husband dearly regardless of his attitude. Please advise what steps I should take to protect myself in this case?

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Ellen

Attorney

Doctoral Degree

24,998 satisfied customers
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