Questions about Family Violence Law
Can family members be made to testify in a family violence court case?If the family member was an eye witness, in most situations they will be subpoenaed to appear in court. If they do not appear, they may have criminal charges brought on themselves for contempt of court. In most situations if the district attorney realizes that the family member does not want to appear in court, more often than not, they will not be made to appear because the court will not see them as a credible witness.
If someone has a family violence case but can’t afford an attorney; what can they do?If the individual cannot afford an attorney, in most cases depending on the person’s financial status, the court will often appoint a public defender at no charge or at a reduced rate to represent the person in court. Usually, during the first appearance before the judge, they will be asked if they have an attorney, and if no attorney is present, the judge will set the case to reappear on another date. This is to allow time for legal representation. If you are facing a family violence charge, or know someone who is, and may need insight on family violence laws, you can ask a Family Lawyer on JustAnswer.
How would someone file a family violence complaint?If you are a victim of family violence, you could file for a restraining order and file a police report describing all instances. Depending on the severity of the crime, legal action could be taken and family violence charges could be pressed.
If someone was wrongly accused of family violence by someone that has mental issues, can they get their criminal record wiped clean for this type of case?If there were charges filed that left a criminal record, they could look into having their record expunged. The party could possibly look to have their case expunged if their probation was completed reasonably and early. Many times, a legal representative might be needed because it can be hard to get a record expunged. If you are having family violence charges and need insight on if you can get your record wiped clean, contact Family Lawyers on JustAnswer for helpful insight.
If someone had a misdemeanor assault, family violence charge in 2007 and now has started a business can the charge affect the business?Depending on the type of business, the criminal charges may or may not affect the future of the new business. In most situations, as long as the business is not related to children or the elderly — as in care giving — criminal charges are usually not directly related to or have an impact on a business venture.
Family violence is a very complex topic; a lot of people usually have legal issues and may ask one question after another. Ignorance of the Family Violence Protection Act can lead to many cases of family law not even getting reported. When faced with family violence, it is always wise to stay well informed about your rights. One way to do this is to ask Family Lawyers on JustAnswer for legal insights or Expert opinion on the details of your individual case.