What you were told is exactly right. The charge was brought by the State, not you. You are a witness. Whether it is dropped will be up to the prosecutor. This is done to insure that true perpetrators of violence are punished and victims are protected. Criminal charges of any kind should never be... View More

From the looks of it, there is nothing prohibiting you from carrying or owning a firearm. The key question is going to be whether your husband has access to it, as well as the nature of his conviction. If it is a felony, then he cannot have any possession of any firearm unless he gets his record... View More

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... View More

Domestic violence is a violent charge. However, the court that you are dealing with may have a list of charges that are considered violent for sentencing purposes.

You will not need an attorney in this case. You are a witness for the State.

You don’t say if you were the victim or a witness. However, if you are served with a subpoena to appear, then you must appear or risk further action by the Court against you.

From the looks of it, you have a case that should go to trial, particularly given the circumstances of her entering your home. Your best bet is going to be to contact an experienced criminal defense attorney to walk through the facts and circumstances of what happened, especially when it comes to... View More

You should contact the court that the case is pending in and speak with them since you are the victim.

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

It could be any number of charges.

For starters, for the damage to your car, get estimates and send them to your insurance company.

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

It really depends on the circumstances; however, I'd be curious to know whether your husband has been indicted yet. Assuming yes, then he needs to get with a lawyer immediately. Regardless, if you gave a false statement to law enforcement, then that is something that should be disclosed.

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answered on Jan 13, 2021

Self-defense, if established, is an affirmative defense and you would not be guilty of a crime. However, whether or not there was self-defense is fact specific. Based on the facts described in your question, there seems to be an opportunity to try to establish self-defense; however, ultimately, it... View More

Possibly. If there is a restraining order, then that means that neither one of you should be in contact or proximity to the other, otherwise you would be in contempt of court.

It depends on what all is going to be involved in the divorce. Typically, the cost of a divorce will be higher if there is a fight over things, such as custody, child support, possession of assets, etc.

Potentially. Security personnel have an obligation to assist and maintain people's safety within the grounds of the premises. I would highly encourage you to reach out to a lawyer to discuss further. Feel free to reach out to any one on here by clicking the contact information next to their... View More

Not necessarily, as law enforcement has a lot of discretion when it comes to filling out affidavits. That being said, there should at least be an incident report documents the interaction between the officer and those involved.

Depending on the situation and whether this has happened before, you could be facing a fine, a no-contact order, and some jail time. Your best bet is going to be to contact a lawyer to see if there is anything that can be done to either get the case dismissed or take it to trial.

That's a subsection of the relevant domestic violence statute.

You can file for custody in Mississippi, since that is where residency was established; however, you may want to do it sooner rather than later, otherwise, residence may be established in LA.