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Questions about family violence are among the most commonly asked legal questions. One may have many questions like what is family violence or what are the family violence laws? One may seek legal help if one is faced with family violence and is not aware of his/her rights. Given below are answers to some of the most commonly asked questions about family violence laws. Can the members of a family be forced to testify in a court case for family violence?
A family member may be subpoenaed to appear in court if he/she was an eye witness to the violence. They may be charged criminally for contempt of court if they fail to appear in court in spite of being served a subpoena. However, in some situations, if the district attorney realizes that the witness does not want to come to court, he/she may not be forced as he/she may not be considered a reliable witness when forced to testify. What can an individual do if he/she has a family violence case against him/her but cannot afford a lawyer?
A court may appoint a public defender if an individual cannot afford an attorney. Depending on his/her financial situation, he/she may not even be charged a fee for the defender. Most of the times, the individual will be asked if he/she has an attorney at the first hearing. If he/she does not have one, the court may give another hearing date and appoint an attorney. How can one file a complaint for family violence?
One may file for a restraining order and file a police report if one is subjected to family violence. Legal action will be taken against the accused depending on the severity of the crime. An individual with a mental illness was wrongly accused of family violence. Can the individual get his/her criminal record cleaned in such a situation?
An individual may try to get the criminal record expunged if the charges filed were in a criminal record. The person can also have the record expunged if he/she completed his/her probation early. One may hire a lawyer to file for expungment as it is not easy to obtain an expungment. Can an individual’s business be affected if he/she had a misdemeanor charge and a family violence charge a few years ago?
The affect of the criminal charges will depend on what kind of a business the individual is running. As long as the business does not involve children or elderly people, in most cases, there will be no effect on the business. Family violence can be a very complicated topic and can be difficult to understand for most people. People may have many legal questions about this issue. Ignorance of the Family Violence Protection Act can lead to many cases being unreported. It is important that one is aware of one’s rights when faced with an issue involving family violence. One may ask a family lawyer if one has any specific questions about their own individual circumstances.
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