Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Will an arrest for misdemeanor battery/domestic violence but…

Will an arrest for misdemeanor...
Will an arrest for misdemeanor battery/domestic violence but dismissed as nolle prosequi automatically disadvantage a parent in an initial custody determination?The incident occurred 9 years ago shortly after the birth of the children and only now may be an issue as one parent tries to frustrates the others parents right of custody.
Is more context needed?
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
2/5/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,843
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
A 9 year old dismissed case would not be held against you for child custody purposes. If there were no more incidents documented, then this would not be held against you for custody. The courts look for current incidents of violence, not old ones without much more evidence.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Legal Question
Customer reply replied 1 year ago
Would bringing up this old issue count as alienation? Meaning the alleging parent is trying to destroy or serverly inhibit the parent child relationship that already exists

Thank you for your reply.

No, this would not count as alienation. Also, the FL courts are not going to use one incident either against you as calling you an abuser nor for you claiming the other parent is alienating you based on bringing up this one issue.

Ask Your Own Legal Question
Customer reply replied 1 year ago
My concern is the danger thats posed when one parent alleges another parent is abusive towards their children without proof, and when the first mention of abuse ever is when that parent disputes a proposed custody arrangement. I would assume judges want to err on the side of caution. But thanks again for clarifying

Thank you for your reply.

Your incident happened 9 years ago, it simply is not current and certainly does not indicate any pattern of violence, since there have been no other instances. A violent or abusive person would have had more issues within 9 years, not just one.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,843
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,843
126,843 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. 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:

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,843 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
In the state of New Jersey can you become a parent one of
In the state of New Jersey can you become a foster parent one of the parents have an arrest record for domestic violence with no convictions?… read more
KLAW
KLAW
Juris Doctorate
2,392 satisfied customers
I am applying for a Global Entry Program Membership. I was
I am applying for a Global Entry Program Membership. I was arrested on march 27, 1967 in Columbus, GA CASE-32143 for D&D. The govt is requiring certified court documents showing the exact charge (i.e.… read more
Expert James
Expert James
Doctoral Degree
12,476 satisfied customers
I was arrested for domestic violence in 2010, the case was
I was arrested for domestic violence in 2010, the case was dismissed "nolle prosequi." I have court records. My green card renewal comes up in June 2019, I am worried if this will prevent the renewal … read more
Bill Attorney
Bill Attorney
law
2,805 satisfied customers
I tried to submit this via the online form but "something
hi! I tried to submit this via the online form but "something went wrong" … read more
Michael Bradley
Michael Bradley
JD
1,650 satisfied customers
My ex wife was arrested for CDVHAN - she hit her boyfriend
My ex wife was arrested for CDVHAN - she hit her boyfriend with her car and he shattered her windshield and hid behind a tree and she went after him again. He filed a report (allegedly there is a witn… read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
I am applying for medical licensure in the state of florida
I am applying for medical licensure in the state of florida and the background questionnaire on the application says that I must report all convictions even if they were withheld adjudication ... my s… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a previous domestic violence conviction which was 6
I have a previous domestic violence conviction which was 6 years ago is there a law that can protect me for the court to use my previous conviction in deciding the custody of our children and under wh… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
my question is about a charge for A&B from 40 years ago (5/12/1974)
my question is about a charge for A&B from 40 years ago (5/12/1974) with no domestic notation assigned to it. Can the state of Oklahoma retroactively go back under title 21 O.S. 1290.10 subsection 5(f… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Greetings and Happy Thanksgiving: I have had a Domestic Battery
Greetings and Happy Thanksgiving: I have had a Domestic Battery charge end in Nolle Prosse. This occurred over 12 years ago. I have never had any arrest or charges either before or since this occasion… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
How can I petition the City of Las Cruces, NM to allow me to
How can I petition the City of Las Cruces, NM to allow me to purchase firearms after having a battery charge?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
i was charged with Domestic Violence in California the DA dropped
i was charged with Domestic Violence in California the DA dropped the charges down to Disturbing the Peace penal code 415 (2) my ex wife took me to family court and took my children away from me becua… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Had a domestic vilonce charge back in 2005, in the state of
Had a domestic vilonce charge back in 2005, in the state of Virginia. Pled guilty. Disposition: 1 year probation and 6 months of anger management classes. Completed both. Is there any chance to expung… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,986 satisfied customers
i was arrested on wed june 24, 2009 for domestic battery, and
i was arrested on wed june 24, 2009 for domestic battery, and I do not understand why. I am a 22 year old woman with no previous battery, assault, or violent misdemeanor charges. My roomate took my ph… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Can a domestic assault charge be dropped if my husband recently
Can a domestic assault charge be dropped if my husband recently went on Depakote and began acting abnormally? He only went on it 2 weeks ago and we had an argument which resulted in him pushing me and… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
Hello, My name isXXXXX 37 years old, I have had AT
Hello, My name isXXXXX 37 years old, I have had AT LEAST a full time job since I was fifteen, I am the most kindest, non-confintational person you could meet. Of course I have never been in any troubl… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
My husband was charged with domestic violence.The case was ...
My husband was charged with domestic violence.The case was dismissed after I did not show up for court.Now the prosecutor is saying that he is going to file under the charge of "battery with the attem… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,843 satisfied customers
6 years ago i was arrested in montgomary county in southern ...
6 years ago i was arrested in montgomary county in southern il. i got a misdemeaner charge for cannibus. is there any chance i can get my record exspunged or wiped clean?… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
What is the process for a person to get their criminal ...
What is the process for a person to get their criminal record cleared, or receive a pardon of some kind… read more
4ren6
4ren6
Retired
2,906 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