What happens if igranted a restraining order against the respondent for domestic violence and he violates it and gets me to also

August 3, 2019

What happens if igranted a restraining order against the respondent for domestic violence and he violates it and gets me to also

I’m the victim of domestic violence abuse and I filed a restraining order against him but he’s already violated the restraining order I petitioned hours after it was made and now has got me to do the same thing with him wanting to reconcile our marriage but I’m scared that he’s lying to me and now I’m afraid for my life and our sons life because I don’t know legal stuff and his family does, I want to reconcile because I don’t know what he’s capable of in the means of the law and I don’t want our 10 month old baby stripped from me or me go to prison or jail because I’m clueless. I have an attorney but legal terms are confusing me and I don’t know how everything works or what everything means??? I’m scared and I don’t know what to do, my attorney says that I can either throw the exparté out and not be protected or deal with it and settle for 50:50 custody or chances of losing my child even 25% of the time or more. I feel like I’m in dangerous territory!

Justin’s Answer

Concerning the divorce: Since you already have an attorney no one can give you much information: talk to your attorney. If your attorney doesn’t respond in a timely fashion or give you answers you understand, consider hiring a new attorney.

Concerning the violation: You can simply call the police and report the violation. Unless you are also restrained from contacting him, you have done nothing wrong.

Is it self defense?

August 3, 2019 (updated June 29, 2024)

Is it self defense?

My son got into a argument with his girlfriend that he stays with her brother panned him against the wall my son left the house and went to his father’s house and brother followed him my son shot him he is okay but my son is in jail

Justin’s Answer

Self-defense is a complicated analysis; impossible to do in a post. Your son will need a criminal defense attorney to investigate and defend his case.

Will I go to jail if I have 15 gram I haven’t went to my court date yet

August 3, 2019 (updated June 29, 2024)

Will I go to jail if I have 15 gram I haven’t went to my court date yet

Well I was sitting in a parking lot sleep after I woke up from this guy talking to me thru my window it was cracked and then the cop walks over to my car and asked for our ID and then he said he smells weed I was wording will I go to jail for more then 15 grams

Justin’s Answer

15 grams is a jailable offense, but in most instances a criminal defense attorney can keep you out of jail and keep this off your record.

What to do and how much trouble am I in?

August 3, 2019 (updated June 29, 2024)

What to do and how much trouble am I in?

I got an insurance ticket and got one year unsupervised probation in February and got another insurance ticket and a seatbelt ticket on July25th on a different vehicle that I bought from my uncle which waslicencesed and insured but then when it messed up and I didn’t know if it would be driveable so I didn’t keep insurance on it because I want driving it.My mom came to pick me up. truck and my van had been in the shop.I know I didn’t want to drive without any insurance, and it wasn’t licences because it hadn’t been drove. I have two hi, a 10year old and a two year old and I live about two miles from My moms so I made the stupid decision to drive it home because I didn’t want to walk at almost dark with my kids and got pulled over. I got an insurance ticket and a seatbelt ticket. I know it was my fault.and.I.shouldn’t have drove it but had to get it home somehow. I now have to go to court in September and am so scrad. I can’t drive the vehicle because it wasn’t fixed and it’s not legal. I will never drive a vehicle without insurance or a seatbelt Shaun van is still in my uncles we were waiting on title but i had it licensed in my name before

Justin’s Answer

I would suggest you stop talking about the facts of your case online: it can be used against you. What you have described is probably not a defense to driving without insurance. However, in many instances, an attorney will be able to help with this situation and keep the points from the new charge off your license. An attorney can also potentially set aside the previous case and get you off probation.

My nephew has 3 counts of possession felony D he is currently not on probation and has court tomorrow for sentencing what happen

August 3, 2019

My nephew has 3 counts of possession felony D he is currently not on probation and has court tomorrow for sentencing what happen

Wanted to know what kind of sentence he would get for 3 counts class D felony for possession he has never been on probation before. This court sentencing is taking place in Jefferson County missouri.

Justin’s Answer

It depends on the facts of the case, the judge, the prosecutor, and your nephew’s criminal history. In some areas of Missouri, probation is common for a first time felony possession. In some areas, judges require 120 days “shock” in the department of corrections before granting probation. A judge could even do hard time for a first offense, if they feel it is warranted

Felony stealing, on accident?

August 3, 2019

Felony stealing, on accident?

The recording when I opened my account can prove my ignorance, also there was never a signed authorization. I was misguided as to where my account number and routing number would be, now I’m wanted for questioning, am I facing charges that I can not win??

Justin’s Answer

First, stop talking about details of your case online.

Second, that answer is too difficult to answer in a post. If you are looking at felony charges, you need to speak to an attorney in your area. They can look at your evidence, investigate the case, and let you know if you have an appropriate defense. I do NOT recommend trying to convince the prosecutor to drop the charge alone.

They won’t let me get a lawyer

July 23, 2019 (updated July 23, 2019)

They won’t let me get a lawyer

The govmt keeps harassing me and won’t let me get a lawyer or charge me with anything they are using voice to skull technology to force me to do things and I want to sue but won’t tell me agency or identify themselves when I ask plz help.

Richard’s Answer

You are certainly able to hire an attorney. You sound like you have a tough case and will be hard to find a good attorney. Get your head looked at by a doctor so you can present evidence to a lawyer to show you have a case.

Why would a person be sent to maximum security facility on a 5th degree possieson charge when in violation of probation agreement

July 22, 2019 (updated July 24, 2019)

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Question

My brother was arrested in 2010 for 5th degree possession.He has no prior offenses. He was sent to maximum security prison for 5 years

Criminal Defense Lawyer, R. Christopher Simons Answer

That was the determination of the department of corrections, why, I do not know their reasoning.

Can a municipal court in missouri still charge you with the same offense if county prosectors denied charging?

July 22, 2019 (updated September 5, 2024)

invasion of privacy municipal court case municipal district charges court hearing

QUESTION

I was accused of invasion of privacy in a municipal district and when turned over to county prosecutors office they refused to pursue charges and sent it back down to municipal court?

Criminal Defense Lawyer, R. Christopher Simons Answer

Yes they can, if both courts are of jurisdiction, one may make the charges within the statute of limitations.

Are public defenders reliable when fighting a criminal case? What are the pros and cons to then?

July 22, 2019 (updated July 5, 2024)

Are public defenders reliable when fighting a federal case? What are the pros and cons to then?

I am currently fighting a felony case with 9 counts and was appointed a public defender because at the time I couldn’t afford a private lawyer. It is a serious offense and seems like it could carry alot of time if convicted. Is it best to try and get my own defense lawyer or can a public defender get the same results?
This is my first offense

Kansas City Traffic Lawyer Richard Simons Answer

Public defenders get a bad rap. Many of them are fantastic and in court or trial more than private attorneys. That being said it will depend on their experience and case load. Low experience high case load means little time for your case.

How much trouble? And I am for assault on my wife

July 22, 2019 (updated September 5, 2024)

How much trouble? And I am for assault on my wife

Can my wife got into an argument got out of hand she put her hands on me other hand my hands on her how much jail time am I going to have to do or can I do something to get out of it

Richard’s Answer

Depends on if it is a municipal or state charge and what the level of the charge is. All assault charges can carry jail time.

How much jail time for assault?

July 22, 2019 (updated September 5, 2024)

Question

Me and my wife had gotten into it I got out of control I put my hands on her choke her how much jail time am I going to get if she does press charges ?

Criminal Defense Lawyer, R. Christopher Simons Answer

Depends on if it is municipal or a state charge and what level of charge. Also depends on the judge. All assault charges have the risk of jail time.

Restraining order

July 22, 2019 (updated July 23, 2019)

Question

This is concerning a long and drawn out family dispute. However, recently things have escalated and I am in a difficult situation. Basically, I’m accused of domestic abuse by my mother and have a restraining order next week. I never laid a hand on the woman. She waited until I walked into her house and started screaming for neighbors. I left and a couple hours later she had scratch marks on her neck and police were at my house. It may sound somewhat far fetched but, you don’t know my mother. I just would like to know how to be prepared for this hearing. I have a great deal of support from friends and family members who know her. I was thinking just go in on a positive note with character references instead of bringing up the reason this all started. Which was, my mother stole an automobile from my sisters partner. When the owner pursued legal action my mother swore she would see my twin sister and I in jail. I’m assuming it would be best if we go into that if they proceed with charges against me. What is your opinion?

United States | Missouri | 65672 | Criminal Law

12/18/15, 1:02 pm

Criminal Defense Lawyer, R. Christopher Simons answer

My first suggestion is to hire a lawyer. That being said, your question surrounds you going to a hearing for what I am guessing is a restraining order. My suggestion is to not contest the restraining order and basically say, “these accusations are false and my mother has issues.” The hearing you are going into surrounds specifically her not wanting to see you. If that is the case and there are possible future charges against you, then you do not want to be around her and it would be best if you avoid contact in any form.

How to get video surveillance from a police department camera?

July 22, 2019 (updated July 22, 2019)

How to get video surveillance from a police department camera?

An incident happened outside of the police department and a bank where someone accuse me of a crime I know there should be video surveillance from the police department that picked up the whole incident can I ask the police to preserve it or do I have to go through an attorney or is all police surveillance public domain

Richard’s Answer

Hire an attorney and get them to file a motion to preserve the evidence. This is a serious crime that could effect your life forever. Treat it that way.

My wife feigned assault when she came into our home with family to take stuff…should I be worried?

July 22, 2019 (updated September 5, 2024)

domestic violence Remove term: domestic abuse domestic abuse

Question

My wife showed up with family, moving van, and proceeded to come into our home, whisking past me when I went outside to find out the matter…family began taking things and I couldn’t stop them. Wife feigned that I pushed her down when nobody was around and started screaming. Another step daughter was taking items out of the house, and I tried to stop her, but she resisted my attempts…Police arrested me, and they both pressed assault charges against me, for putting my arms around my step daughter and ask her not to be taking things out of the house. Police report from officer says he will write that she forced the confrontation by having her and her family invade the house. Nothing was peaceful about her invasion…should I be worried?

Criminal Defense Lawyer, R. Christopher Simons answer.

Yes, you are possibly going to be charged with domestic assault, get a lawyer ASAP and have them help you during the investigation phase.

Can I get probation for a class d felony…possession of a control substance charge?

July 22, 2019 (updated July 22, 2019)

I have 2 previous convictions and completed drug court 2 years ago… Not currently on probation or parole

Richard’s Answer

Yes it can happen, I have done that for a few clients in the same spot. But it will depend on the judge and facts of the case.

Jordan Watson Named Rising Star By Super Lawyers!

July 17, 2019 (updated April 13, 2023)

Our own Criminal Trial Attorney Jordan Watson was named a rising star by Super Lawyers.

Jordan R. Watson

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Do I have full custody of my son?

July 16, 2019 (updated June 27, 2024)

Do I have full custody of my son?
We have never been married, I kicked him out because he won’t keep and carry a job he has two pending felonies because he had marijuana and a firearm and later a felony charge of impersonating a police officer, he is also on probation for assault and battery…I let him keep our son lastnight because I had to be at work 4 am this morning in which I got off at noon and he is refusing to give me our son

Justin’s Answer
I cannot answer the question with certainty with the information you’ve given, but if you feel he has taken your son, you need to call the police.

Felony Probation For Child Support

July 16, 2019 (updated November 25, 2022)

felony charges, felony child support, felony child support arrears

My ex boyfriend is on felony probation for child support his court date keeps getting postponed this will be the 3rd time he is supposed to be in court because probation is being revoked why do they not issue a warrant for his arrest.same ex boyfriend ran off with my 17 year old daughter and grandbabies which I found out that my ex boyfriend is the father of both girls what can I do to get this to move on this warrant so DNA test can be done because my daughter was 15 the first time she got pregnant and 16 the second time I’ve stated that I want to press charges against him for that

What can my husband do after neighbor lied and charged him with harassment?

July 16, 2019 (updated July 31, 2019)

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Question

Police were called yesterday. Neighbor alleged that he’s been harassing her, she stated that yesterday he was staring at her son in small pool outside. He wasn’t. She’s lying. Police took her side, called her victim. She’s been harassing us, yelling at us, banging on walls. He got summons for court.

Criminal Defense Lawyer, R. Christopher Simons Answer
If your husband has been charged with a crime, then he needs an attorney. I agree with Mr. Rafter that “she’s lying” is not going to be a good defense. However, an experienced attorney will know how to investigate the case to find the holes in your neighbor’s statements.