My son, who is 21 has been served a temporary restraining order for an argument with a Girl friend. I have tried to locate an affordable attorney and haven't been successful. What can I expect to happen if we arrive in court with no representation...
Do you know if your son was also charged criminally? A judge will give you the opportunity to hire an attorney, however your best bet is to bring an attorney to the FRO hearing. If you are honest and reasonable with the judge and he or she has no reason to believe you are just stalling, most judges I have dealt with will give you the opportunity to retain counsel. However, due to the nature of DV cases, in my experience, judges do not like to put off FRO hearings very long. I will not repeat anything that my colleagues already explained, but I am glad to answer any follow up questions.See question
I had a permanent restraining out against my husband before we was married. I dropped it 2yrs before got married my question is it still on his record will it cause issues when we have children ?
What exactly are your concerns? What kinds of issues are you concerned about when you have children? Were criminal charges also put on your husband along with the TRO/FRO? Are you asking if something is on his record, or are you stating that something is on his record? I hate to answer your question with questions, but with more specifics I may be able to give you some answers.See question
I didn't mean to file criminal charges against my husband and during the arraignment I told the prosecutor I will not testify against my husband, and he said he will subpoena me, which is kind of scary even tho there are no witnesses nor did I hav...
If he was arrested, there will be a record of the arrest, however if it is dismissed he will not have a criminal record. If it is dismissed it shouldn't cause any issues with immigration, however if it isn't dismissed it can be a problem. Is there also a TRO (temporary restraining order)? If he retains an attorney it should be someone who is knowledgeable when it comes to criminal law, specifically domestic violence and also immigration. As my colleagues suggested you should also speak to an attorney.See question
I had a restraining order on my ex if got dropped I tried getting another it didn't go through now he has to go to trail and he keeps saying his lawyer is putting me in jail
It sounds like you re saying you had a TRO on your ex and it was dismissed...,maybe at the FRO hearing? You couldn't put another one on him...so what does he have to go to trial for? The underlying criminal charge? You would need to provide more details to get a helpful answer.See question
I was falsely arrested fingerprinted with a mug shot. If I am able to obtain an expungement or sealed records would this show up on an FBI background check ? Any other background check ? What is the difference between an expungement or s...
Once you complete the expungement it would no longer show up on the FBI background check. I usually recommend clients do the FBI check both before and after we do an expungement. I have come across many people who run it with the State police prior to filing, however I have seen many instances where there are things missing from the State Police check. These missing matters can come up later and delay the process of completing the expungement.
Keep in mind there are companies or people who conduct background checks through private companies, for example the ones you see advertising online. These companies are unofficial and often their records are not up to date. During the expungement process, all official agencies are notified to remove the matter from the record. Private companies may not have all of their data kept up to date.See question
Hello. I am from New Jersey, lived in NJ up until late last year and I work for the State of NJ (15 years) Currently living in Philadelphia and have a valid PA drivers license. Accepted a job offer with another Department, still State of NJ. ...
As my colleague mentioned traffic violations will not come up, however I'd have further questions for you to answer before I could provide a firm answer.. You mentioned a refusal to take a breathalyzer? A refusal is routinely only written with a DWI. Did you get a DWI? If you did, were there any additional charges? Did you plead guilty to anything, perhaps a municipal ordinance? I have seen many people get printed and run a background check with the State police and everything doesn't always come up, however it does when the county prosecutor checks. We recommend our clients get an FBI background check both before filing and after an expungment is done. I know you did an expungment many years ago so you may want to do the FBI check just to have peace of mind and so that you are aware of whether or not anything comes up. However, the FBI check takes about 6-8 weeks and I understand you already submitted the background check for this job. Based off the information you provided it sounds like you should be OK, just keep in mind that without all details, I can not say so for sure. It is always a good idea to speak to experienced attorney that you trust if you are in doubt. In these situations there are a lot of factors that can influence what the answer may be. Good Luck!!See question
Hi, I had arguments with my wife and that become physical and my neighbor call police as they felt disturb and police arrested me and they put simple assault change as they saw a red mark in my wife face. In next one hour I released in bail. ...
I agree with some of my colleagues and this seems to be an area where I see attorneys and prosecutors giving conflicting information. You should go to the town and request a disposition so you have a record of exactly what you plead guilty to. Many municipalities will tell you they are unable to amend a domestic violence charge to an ordinance. Often the ones who will accept anger management do it in exchange for a dismissal upon completion if the complaining witness is ok with it. While my colleagues are correct as far as how long an arrest, and various charges take to be expunged, specifics and language are important. I see many people plead to Boro ordinances told they have no record. However if you run an FBI background check, and when the prosecutors handling your expungment run you, that ordinance plea will come up. It is best to contact an attorney if you haven't already. As one of my colleagues said, if you did this on your own there is a good chance a knowledgeable attorney could have avoided any guilty plea.See question
Planning to fileVAWA I-360, can petition be file, while living in the same house?
As my colleagues have mentioned, these matters are very fact specific and more detailed information would be needed before someone can give you good advice. How long have you been married? Children? There may be better options, of course the extent of the abuse and if and how it was documented is also very relevant. This would be better served listed under immigration questions. I practice in criminal, DV and immigration. Usually I recommend using an attorney who is familiar with all of these areas if possible.See question
I have facebook messages from a guy telling me to go to the park to fight him and I was arrested and charged. If I present the messages, is there a possibility the charges to be dropped because technically he consented.
I agree with my colleagues, however as several of them have stated it is very fact specific. More information would be needed. In my opinion, a consent defense will usually be weak, self defense would usually be a better option if applicable. As the others have stated if it was mutual fighting it can be charged as a DP, but you asked if it can be dropped. Were there any witnesses...for example, did the police or some other 3rd party witness any of the incident? Or.....did you just fight each other and maybe it didn't go as planned for him so he went to the police after the fact? Did he suffer any serious injuries? In some situations, you may want to file a cross complaint if appropriate. You should speak to an attorney so that you are well informed and make the right decisions moving forward. I'm always happy to provide any guidance I can.See question
My 18 year old brother unfortunately is going through a wrong path and was recently arrested for selling marijuana and having on him some as well. He was taken to the police station at 6pm and let go at 9pm because according to the police officer,...
Further information would be needed to really answer your question. What I would want to know first and foremost is, how much marijuana and if he has any prior convictions. Since he is 18, we would assume either he did not have a record or at least it couldn't be much. If he was released without a bail it is likely it is not something he would necessarily go to prison for, however as my colleagues stated, a guilty plea to anything can seriously impact his future. You should speak to a lawyer who can give you an idea of possible defenses. PTI is also another option that may be considered, this is an option for first offenders. I'm happy to answer any further questions and you have many good attorneys from this area who have replied to your question.See question