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Jennifer Ellen Horwitz
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Jennifer Horwitz’s Answers

63 total


  • What happens to the children if both spouses file for an order of protection?

    My friend's estranged spouse harasses and threatens her. He stole a check from her, altered, & cashed it. She's a student in student housing. They have 3 kids together. He threatens to have the kids taken from her & to try to destroy her good stan...

    Jennifer’s Answer

    Usually if there is a family law case (if there was a previous divorce and child custody issue that went to court between the parties), the courts will recognize this and make the protection order case of either party part of the family law case. The family law judge should have the big picture of what is going on between the parties and what has occurred in the past, and should be able to consider the children. You did not specify if the orders in either direction were filed on behalf of the other adult party or on behalf of the children, but when she responds at the district court level, she may want to tell the judge that she already filed a petition in superior court and that both petitions should be considered by the same judge.

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  • DV case. In your opinion will I be charged?

    First of all I have a Clean Criminal History. Nothing at all on my record. I was just arrested for Assault domestic violence 2nd degree strangulation. My girlfriend attacked me first and she admitted to over reacting and calling the police when sh...

    Jennifer’s Answer

    I agree that, given the information provided, it is hard to know whether and how this case might be charged. If it is charged as a felony, there may be a possibility that it could be reduced down the line to a misdemeanor, if your girlfriend told the police that she attacked you first and that she over-reacted. Of course, if you are charged with anything, your lawyer will need to investigate whether there is a legitimate claim of self-defense. I agree with other lawyers who have responded to your question, that it would be good to get a lawyer involved now -- to try to figure out what the prosecutor's office is doing with this case and also try to head off charges by talking with the filing deputy at the prosecutor's office. You mentioned that you consider it a negative that the police did not take a statement from you. You should not give a statement --most if not all attorneys representing you would consider it a positive that there is no statement from you. Your attorney can convey your side of the story without having you put a statement out there that could hurt you. For example, you are not in a position to know whether if you admit to grabbing your girlfriend by the neck, whether it will be viewed as legitimate self-defense or more force than was necessary to defend yourself.

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  • Is it a good idea to accept a Tem. protection order for a year as a pose to going to trial.

    Someone falsely obtained a TPO against me and I am supposed to go to court next week. I was told that the other persons attorney is going to request a continuance. I was also advised that the other party is willing to just have the order remain te...

    Jennifer’s Answer

    You should not just agree to a protection order for a year based on false allegations. The fact that someone obtained a protection order against you will be something that may come up later to haunt you, especially if this person makes another set of false allegations down the line. You also have even more at stake because you are in the military and the order may jeopardize your ability to have a firearm. Many people represent themselves at these hearings, but having an experienced attorney in your corner could make a critical difference in your case. If you decide to retain counsel, you should be able to get a continuance so your attorney can hear your story and compile all of the relevant evidence and present it to the court.

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  • I have been served with an anti-harrassment order by my roommate. The petitioner is also my ex & father of my 3 children

    On Dec 26th I was served with a temporary anti-harrassment order by my roommate. Although my roommate is also my ex & we do share 3 children, we live on separate floors of the house & have not been in a relationship of any kind since 2008. In...

    Jennifer’s Answer

    While you may need a landlord-tenant attorney down the line, if he does seek eviction, right now what you need is someone experienced in handling protection order cases. Courts routinely issue temporary orders when a petition is filed. It is at the next hearing that the argument should be made that there is no basis for a permanent order. It is important that you seek experienced counsel to handle this matter because the courts often grant permanent protection orders if they do not understand that the petitioner does not have a basis to obtain and order or has abused the system.

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  • I hv a vucsca (delivery) and a attempted elude pending. Hw much time will I get and if i hired a private attorney. Will they win

    I hv a residential burg and a delivery to an informant on my record

    Jennifer’s Answer

    The state sentencing system for felonies takes into account a person's criminal history and the seriousness of the new offense or offenses. Nobody can predict what the outcome of your case will be. While the right retained counsel should have more time to spend on your case than a public defender, hiring private counsel does not guarantee a "win" or any specific outcome. Experienced and competent counsel will evaluate the evidence against you and analyze whether there is a legal or factual issue that might amount to a defense or lead to a dismissal. If there are possible weaknesses in the case against you, counsel may use this in plea negotiation to obtain a reduced charge or favorable sentencing recommendation from the prosecutor. No matter how the case is resolved with the prosecutor (if you elect to resolve it rather than going to trial), it will be up to the sentencing judge to decide what your sentence should be.

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  • I am the tenant, I asked him to leave. He refused to leave so I called the police, and I got arrested for domestic violence.

    "If you rent and he is not on the lease, in other words he lives there because you wanted him to live there, you can change your mind and inform he that he is no longer welcome to reside in your home or your leased premises. If he fails to comply ...

    Jennifer’s Answer

    You should hire an attorney experienced in domestic violence criminal cases to represent you since it sounds like there may not have been a basis to arrest you and charge you with a crime. However, it is hard to know exactly what prompted your arrest, since you provide very little information. Once you have counsel on board, you can give your attorney all the relevant information about what happened between you and "him," what the housing arrangement was, and what the police said about why you were arrested (instead of "him". Your attorney can then advocate for you, and if you did not commit any crime, hopefully convince the prosecutor either not to file charges (if they have not yet been filed) or to dismiss the charges.

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  • I have a DV restraining order and he stalks me on facebook - I'm in a different state, is that a federal violation?

    I move out of CA with court approval after receiving a five year Domestic Violence restraining order. He is still in CA and is stalking me on facebook. Is this a federal violation?

    Jennifer’s Answer

    There are some federal statutes that might apply to cyberstalking, but the reality is that this is not likely to be the type of case that would get prosecuted federally. You should report this to the police and it might be prosecuted at the state or local level.

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  • Hi I have been charged with DV 4th degree . I don't have an attorney and I was wondering how much these type of cases cost ?

    I was wondering also I am scheduled for a pretrial in early January but I am scheduled for surgery is there a chance I can be able to have the court reschedule my pretrial.

    Jennifer’s Answer

    I handle many domestic violence cases in my practice. There are several factors I consider in deciding how to structure a fee agreement: What court is the case charged in and will I have to travel far, does the person have prior convictions, are there immigration issues to consider -- these are just some of the factors I consider. I then request an advance fee desposit that I place in a trust account. The amount I ask for is affected by the specifics of the case. I then work on the case at my hourly rate and use the money in trust to pay invoices. I set a minimum balance that we agree will be kept in trust while the case is pending so that money is always there to pay invoices. If any money is left after the case is resolved, I return that money to you.

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  • What do we do now?

    I requested the police reports on something my husband was involved in and the police sent me back an email that he was charged and they can't give me the reports. We have not been notified of the charges or anything so now what do we do? Any a...

    Jennifer’s Answer

    Many of the very good answers you received to your question pertain to how the case will proceed after charges are filed or how to press the police department for the reports you are seeking. It could make a critical difference in the case to hire counsel to advocate for your husband in the pre-filing or investigative phase of this case. I have represented a number of people before charges were filed and have, in some of those cases, been able to persuade the prosecutor not to file charges or to file less serious charges than were being contemplated. Once the case is filed the attorney representing your husband will be provided with the report. If you hire an attorney at the pre-filing phase, they may be able to get the report from the prosecutor who is evaluating the case.

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  • I was pulled over with my friend and his friend in the car, friend's friend is a fugitive.

    The police officer came to my window and recognized my friend's friend (A), there is a warrant out for his arrest. The arrested him and put me in handcuffs as well, they soon got a warrant to search the car and found A's backpack in my trunk which...

    Jennifer’s Answer

    I agree with the other answers given and wanted to add something. You do not explain why the police stopped the car in the first place, but an experienced criminal defense attorney may see a basis to challenge the stop and as long as there is not other evidence, such as a statement from you, it may be possible to challenge the evidence seized and get the case dismissed or charges reduced.

    Every lawyer has their own way of structuring fee agreements. Many, like myself request a certain amount as an advance fee desposit and then charge for their time hourly, requiring that a minimum balance always be kept in trust. Find the attorney you want to hire and discuss how they wish to structure the fee agreement with you.

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