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Derek Michael Smith

Derek Smith’s Answers

960 total


  • My ex wife committed acts of domestic violence in 2011. This was captured on video that I still have.The police did nothing,why?

    Feb. 2011 My ex wife and I had gotten into an argument. I decided to turn my video recording on my cell phone to record myself from further harm or damage that may occur. It is obvious that she knew I was recording and did not care. To say the le...

    Derek’s Answer

    Unfortunately there is no way to answer the question unless you talk to the police officers and/or prosecutors that made that decision. And I doubt there is any chance of that happening. Additionally, the criminal statute of limitations for this event is over. To me it sounds like you need a Family Law attorney to assist you in getting a parenting plan and away from this situation.

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  • After I have submitted my side of the story in a supplemental report & their was no assault at all is treatment still needed?

    There was no actual assault between me and my husband. The officer did not take my report and went off of what the neighbors thought they HEARD, so mY husband was arrested, because of the neighbors false accusations, I submitted my statement, will...

    Derek’s Answer

    There is no way to know if the judge will lift the order or if your husband is going to be required to seek treatment. Generally, the court will lift a NCO it issued if the court beleivves there is no longer a danger to you. There are as many ways this is determined as there are judges.

    As to whether your husband will need treatment, this will be determined by the ulitmate outcome of the case. It is unlikely that the case will be dismissed because of your letter. But whther it is or not will be up to the prosecutor and not you.

    The best thing you can do for your husband is get him a good attorney to assist him in this situation and to abide by the NCO until it is lifted.

    Good luck!

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  • In the state of Wa. If one party does not want a DV and the other one does, can the judge still grant the DV?

    I do not want a DV from my husband but he insist on going forward. I do believe if we had counseling things would turn around for us. I don't want to throw 6.5 yrs away.

    Derek’s Answer

    Washington is a no fault state so if one party wants the divorce, then the divorce will be granted over the objection of the other party.

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  • Spouse did not show to first hearing, if he showd to next one how will this reflect on his case?

    My spouse was a no show to the first hearing for temp. orders which were as a result signed by the judge. The next hearing is for updates to the residential/parenting plan. If he shows to this but has not shown to the prior how will this reflect o...

    Derek’s Answer

    There is no way to know that the same judge will be hearing both matters. There is no way to know that the same judge will even remember both matters. What matters are the facts, law, and legal arguments as applied to the facts, not whether your spouse is showing up to a hearing that they aren't required to appear for.

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  • I have a lodger who has a restraining an order against me. I had served a three day vacate from the premises. warrant issued now

    I own a home where my ex and i had a restraining order and she was received a three day vacate that I had received from the court. Now I am wanted via restraining order, because they had told me that three day restraining order is not legal but I ...

    Derek’s Answer

    You should discuss your situation with an attorney as soon as possible.

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  • I have to renew my green card in 2015.

    i have been removed from deferred prosecution and found guilty for second dui. I have a problem of alcoholism and doing everything AA meetings and group sessions and counseling to get cured. Will i be deported or rejected legality.

    Derek’s Answer

    You should contact an immigration attorney immediately to discuss your situation.

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  • My sister obtained i.d in my name her pic. and got pulled over multiple times in my name now i have suspended license

    i was un-aware of most tickets an missed court which caused me to have arrest warrants out in my name i ended up in jail an plead guilty to get out of jail! She was able to use my info for a few stops then she actually obtained an i.d card in my ...

    Derek’s Answer

    You should contact the courts where you got the tickets and explain the situation and supply them with the information that you have. You can also contact an attorney to help fix the situation with the Department of Licensing and the court.

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  • Can my husband be charged with a dv 2nd degree assult from what was writen in my temporary order that was never served?

    Someone called the police on my husband on a NCO. I had gotten 1 but it was never served on him and he never knew anything about it. The police came to our home and assulted him and arested him on 2 assult 3 he has been in custody for 4 months. Th...

    Derek’s Answer

    You should be asking these questions to your husband's attorney. There is no way that we can answer these questions without knowing a lot more about the facts and the details of your husband's case. But your husband's attorney should know all this and be able to give you some answers. Talk to him or her and see what they say. Good luck!

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  • Is anyone familiar with recent case law that has in turn caused tulalip tribe to drop there last years DUI cases?

    A close friend who is close to the tulalip police informed me of a recent case that is causing them to drop recent DUI charges! Where might I find this information?

    Derek’s Answer

    You should contact your attorney. There are sometimes reported cases that affect DUI cases across the state. But most of the time these cases involve local cases that are not reported, but your local attorney should know or be able to find out.

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