Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

domestic violence

Customer Question
Submitted: 7 years ago.Category: Criminal Law
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
12/2/2010
Criminal Lawyer: Samuel II, Attorney at Law replied 7 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

Hi

 

I am sorry to hear this. What is your question, how can I try to assist you with this matter, please?

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago

Ok, here is what happened. Two days ago, my wife and I got a physical fight like shoving and grabbing hands. We already agreed on divorce and were working on it. Then, I asked a big favor to my wife, which was to take my son with me to Korea for 3 weeks, begging her that I would help her whatever she wanted to do from now on. Then, she said no. I kept asking her. Then she finally told me that she wouldn't mind if I take him for vacation here in the States. So, I said, Ok. then I went out to pick up my son. After I came back home and tried to pack because I wanted to take him to somewhere in the States since she said so. But, she desperately stopped me while my son (3yrs old) was watching and screamed and yelled at me. I told her that she said it would be ok. Then she asked me why I was going to. So, I said, i dont know yet but will call you or text. Then she tried to stop me again and grabbed my hand and suitcase. So, I shoved her to couch and my son's bed a few times because deparately i needed to get out of this situation while my son was still standing outside and watching. I cared him most so told him to go upstair. Then finally i went up there and got him. She tried to stop me eagerly. So, I tried to close the door while she was inside the room. Then, I tried to go through window but she followed me. Then, I ran to the door while holding my son. I got into my car and she followed and stood in front of car. I stopped 2 seconds and backed. But no road. So, I drove forward again while she was standing. At the same time, my son was telling me that "my mommy is a bad boy" so I had to desparately escape from this situation.

 

So, now my court date is next Weds in Rockville, MD I need to know what i need to prepare to defend myself and also want to know about emergency custody. Since my wife has taken anti depressant pills and frequently talked about suicide. But, now I can't even access to my son's school. I am very worried about my son.

Criminal Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

I see. Well, there is a lot going on here and I am sorry you all are experiencing this. You should really consider having a local attorney appear with you at the hearing. This is where you will need to "show cause" as to why the Order should not be permanent. The crux of it will be that you are not a threat to her safety and wellbeing and this was an argument that got out of hand and is an isolated incident. You will need to show that you have only your child's best interest at heart and that a permanent Order will hinder any chance of you continuing a bonding relationship with him

 

Now, if you are not successful, it will be a bear trying to appeal it. So, you should consider a local attorney to help ensure the matter is articulated fairly and in your favor.

 

 

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
Relist: Incomplete answer.
I know it was my best interest at my son. But, I need to know exactly how I need to prepare and how I can get him out of her as soon as possible since she is very unstable.
Criminal Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

You need to prepare by reading the statement of facts for the charges against you. The facts are the facts. You really need to be concerned with not appearing to be a threat and that what ensued was because you are concerned for the wellbeing of your son. In addition, you were attacked and you only wanted to leave so your son would not have to endure the incident.

 

To get temporary custody, you will need to have a matter pending in court. This would be either a legal separation of a divorce filed. You will then request Temp custody of your son based on her apparent violent behavior, etc. You also can request temp use and possession of the home until the divorce is finalized and all matters disposed of

 

So if you consult with a local divorce attorney about getting those documents filed, they also can represent you at the hearing for the restraining order

 

 

Ask Your Own Criminal Law Question
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
If my husband who was arrested for domestic violence, also
if my husband who was arrested for domestic violence , also has a record with the D.C.Y.F , plus a past domestic violence.. do any have a statue of limitations ? does the dcyf record of abuse towards … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband is in jail for domestic violence. What is the
My husband is in jail for domestic violence. What is the usual punishment in the state of California? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
In a domestic violence case, can a DA prove beyond a
In a domestic violence case, can a DA prove beyond a reasonable doubt I, defendant, is guilty if there are no witnesses (none of our 2 kids saw or heard anything), police arrived after it happened, an… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I would like to know if a domestic violence felony offence
I would like to know if a domestic violence felony offence convicted in juvenile court 2 years ago canbe appealed. A misdemeanor with jail time was offered but in the confusion felony without jail time was chosen The sentence was probation that was completed in July 2017 … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a domestic violence charge against me. Jan 3. 9. Not
not really no one was hurt just a slight shove i have no criminal record… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
If someone was charged 2 counts of battery domestic violence
if someone was charged 2 counts of battery domestic violence 25 years ago can he purchase a gun in the state of fla and and this was hisfirst time in trouble with the law and he serverd only probation… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
My partner filed a domestic violence report but did not
My partner filed a domestic violence report but did not press charges , the police told her they would come looking for me, what should I do … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
Was involved in a Domestic violence case with my wife.
Was involved in a Domestic violence case with my wife.Incident details: Had an argument and accident in the kitchen involving my wife, during which i accidently touched a hot pan her upper chest area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can I reopen domestic violence case if he is in provision
Second opinion] Can I reopen domestic violence case if he is in provision period now?Background: My husband got arrested in domestic violence case an year ago in November 2016 and case was in proceedi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was convicted of domestic violence in WA state in 2010.
I was convicted of domestic violence in WA state in 2010. Since then, I have moved to Virginia, and wish to purchase a muzzleloader/black powder rifle to hunt with. It is my understanding that Virgini… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
What are the steps to drop a criminal (domestic violence)
Good afternoon, what are the steps to drop a criminal (domestic violence) case against my ex-boyfriend … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Domestic violence case in Az, what will writing a letter as
Domestic violence case in Az, what will writing a letter as a victim to drop the charges really do for the case and how often will that actually work? … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,194 satisfied customers
I was wondering if a domestic violence victim wants to drop
Hi good evening I was wondering if a domestic violence victim wants to drop charges can the state pick up the charges? … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,063 satisfied customers
I was charged with domestic violence and found not guilty.
I was charged with domestic violence and found not guilty. How do I have this sealed. My spouse and I are back together. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
My Son was arrested last night for a domestic violence
Hi, my Son was arrested last night for a domestic violence charge, we go to court tmrw, judge said if he plays guilty he can give him the minimum which is a class, and that would keep it off of his re… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I was arrested for domestic violence charge and the victim
I was arrested for domestic violence charge and the victim lied about what happen but there was a injury to the back of her head, snail gash. I threw my phone and it hit wall and then hit hers head. s… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
Im in tennessee and this concerns a domestic violence charge
im in tennessee and this concerns a domestic violence charge and a pot plant … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
I am a victim of domestic violence and the d.a. Is trying to
Is trying to serve me it hasn't been able too do I still have to go..... in cali … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x