WWhat is the statute of limitations on a physical assault by a family member in the same household

  

WWhat is the statute of limitations on a physical assault by a family member in the same household
My brother-in-law attacked me in my home and pulled out a kitchen knife and threatened to kill me. He is out of the house now and moving out of state as of this coming Sunday and on his way to Wichita he will never be coming back.

What is the statute of limitations on a physical assault

Justin’s Answer
It depends on how the crime is charged: Three years for a felony, 1 year for a misdemeanor. But that time doesn’t run if the defendant is fleeing from prosecution. If you suspect that he is trying to flee the jurisdiction, you can contact the police.

What is a show cause hearing for restraining order?

  

What is a show cause hearing for restraining order?
Long story short–a family member got a restraining order on me because I didn’t show up to the hearing. Anyhow, my mother had gotten into an argument with said family member-and they argued back any forth. An unrelated matter that had nothing to do with me.

The family member told numerous people it was my mother who did it but then ran to the police and said it was “probably her” and said I violated my restraining order.

Now I have a show cause hearing. They’ve told me to find care for my children because the judge could decide that day to put me in jail. Over text messages that weren’t even me? So.. Can they throw me in jail without a lawyer or fighting it? Or what is a show cause hearing? Will they let me get a lawyer or assign one to me if I am facing jail time? What should I bring?

Justin’s Answer
The judge is ordering you to “show cause” while you should not be held in contempt for violating the order. This is a serious accusation: you need to contact an experienced domestic violence attorney to help you prepare for this hearing.

Can a court grant a PO/CPO to the petitioner if the petitioner is incarcerated?

  

Can a court grant a PO/CPO to the petitioner if the petitioner is incarcerated?
My husband filed a PO/CPO against me in retaliation for a PO that I filed against him. On the day I filed, I was granted a temporary emergency PO as well as temporary custody of our 3 yr old son. The day we appeared in court for my PO case against him, his Attorney’s request that the case be heard with our divorce case was granted; our divorce case is yet to be scheduled. I am due to appear in court on 08/03/18 for the PO/CPO he has filed against me. However, my Husband was picked up by police on July 21 for 2 counts of 1st degree assault against me which also led to a probation violation . I do not expect him to be out of jail by our court date on 08/03/18. Is it safe to assume that this will be thrown out since he is incarcerated? His bond is currently $50,000 cash, no 10% and no surety.

Justin’s Answer
Do not assume that it will be thrown out. At a minimum, show up on the court date. Preferably, find an attorney to represent you at that hearing. You having an order against him does NOT prevent him from filing one against you.

Can i call the cops on my moms abusive, drugie boyfriend without my mom getting in trouble? They are both on probation,

  

Can i call the cops on my moms abusive, drugie boyfriend without my mom getting in trouble? They are both on probation,
My moms boyfriend is controlling her money, car and communication with me, he will not allow my mother to pay my child support. I would like to call the police and get him off the property, however they are both on probation. Would my mom get in trouble aswell.

Justin’s Answer
If your mother is violating the law, it is possible that she will get in trouble as well.

Why would my case not be on casenet.com ?

  

Why would my case not be on casenet.com ?
I am facing a 1st degree assault charge and looked up my case last week and it was there but when i looked today it was no longer there.

Justin’s Answer
My guess is that an indictment went through and the case number has changed. However, there are many possibilities. If you are charged with 1st Degree assault, you need to contact an attorney to help you. This is a very serious offense.

Mental person vandalized my car ?

  

Mental person vandalized my car ?
I want to pressing charges against a person vandalism my car. That person sitting in jail right now. I want charges against him and damaged paid to my car . what steps I need step to pursue this.

Justin’s Answer
You simply call the police to report a crime. The prosecutor will usually try to get the cost of repairing your property as part of any sentence. You can also file a civil claim for the damage to your car.

What should I do?

  

What should I do?
Back in Oct I met a guy that was 22 at the time I was 16. He knew my age and I knew his. We hung out a few times and then once I went to his house. One thing led to another and we ended up having sex. I didn’t want to. I told him no over and over but eventually stopped because I knew it was going to happen either way. So once I stopped saying no we had sex. I didn’t do anything but lay there and I had never had sex before and I got pregnant. In order to keep him out of trouble we told everyone that I lied and told him I was 17. I always felt like I hadn’t done enough to prevent having sex from happening because all I kept saying was no I didn’t want to and when I stopped is then when he started. So I feel like it’s my fault and he told me we would get through this together so I feel like it’s too late to tell my parents the truth and I don’t know what to do. I kinda don’t even feel like I was rapped because I wasn’t held down and forced to I just didn’t want to and told him no over and over. It wasn’t like the normal rape stories you hear about… I don’t know what to do

Justin’s Answer
What you are describing IS rape in Missouri. It is absolutely NOT your fault. It is not too late to tell your parents the truth and go to the police. I am sorry you had to experience this. Good luck to you.

If someone was serving a felony sentence in where they had served 120 treatment and released to serve probation or parole.

  

If someone was serving a felony sentence in where they had served 120 treatment and released to serve probation or parole.
Does their status of still actually being property of d.o.c. change the laws of statute of limitations or the right to a speedy and fair trial?
While I was on probation I slipped up and sod drugs to an undercover. That was July of 2016 . I wasn’t charged or even alerted to pending charges at that time. In fact I got a successful release from D.O.C in October 2016. The has been my clean date also because I figured if they had something on me they would have to charge me before release. Jan 2018 I was charged. I’m currently in preceding now. One page of discovery was given and an offer of 10 years. No other charge but the one , and like I said I was sure it was all in the past and my entire life is completely different from 2016.
How can the department of corruption I mean corrections have me as their property and not charge me before I was released? That doesn’t make sense to me. They shouldn’t have been able to successfully release me while I had committed an offense a felony. They are charging me as P.&P because of the aforementioned charges and charges I had gotten 20years before that. So the offer of 10 is great. Except reals

Justin’s Answer
The prosecutor has 3 years to bring charges for a felony; why they waited is irrelevant. You need to speak with a criminal defense attorney NOW. Posting insults and facts about your case online is not going to help you.

IF somebody filed a police report how much time do they have to file charges ?

  

IF somebody filed a police report how much time do they have to file charges ?
Somebody filed a police report for being punched in the nose from a family member.. They filed a police report.. How much time do they have to file charges? Does it go away after 48 hours?

Justin’s Answer
The state has 3 years for felonies, 1 year for misdemeanors, and 6 months for infractions to file their case. Domestic Assault is a serious charge as even a municipal conviction can restrict your 2nd amendment rights. Don’t talk about the case with anyone but an attorney.

When i have a ex parte against someone and they haven’t been served yet, can i tell them to stop contacting me?

  

When i have a ex parte against someone and they haven’t been served yet, can i tell them to stop contacting me?
My son’s father is abusive, i got a order of protection signed by the judge saying he shouldn’t contact me at all. He still is , and i know he hasn’t been served yet but it’s becoming annoying. What can i do? Can i tell him to leave me alone because of the ex parte? That might piss him off though, but i really want him to stop texting me.

Justin’s Answer
Ms. Merta’s analysis is excellent. I will add that, if you are feeling harassed, you are free to call the police and report the harassment. Non-emergency number unless you feel you are in danger.