Your current state is Virginia
I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More
answered on Mar 20, 2024
Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More
My husband and I where in a strictly verbal altercation when the police where called and they arrested him for an assault in the 4th degree with dv enhancement when I answer no to every question I was asked by law enforcement and there was a no contact order put into effect. However he has NEVER... View More
answered on Mar 19, 2024
In instances involving domestic disputes, law enforcement may have policies or legal obligations to act cautiously, which can include issuing a no-contact order (NCO), even if no physical harm occurred. This is often a precautionary measure intended to ensure safety and prevent any potential harm... View More
I would like to get a new restraining order, but there has been no contact with he perpetrator for two years because there was an active restraining order, but that expired last year.
Can I use past expired restraining orders and those past act of abuses stated in the expired restraining... View More
answered on Mar 16, 2024
In California, you may request a new restraining order even if your previous order has expired and there has been no recent contact with the perpetrator. The court will consider your application based on the history of abuse, including acts detailed in previously granted restraining orders.... View More
I was forced to plead guilty for assault dv 4 degree .my abuser has been arrested twice since after mine .my lawyers when I had one cuz I went without lawyer for long while due process violations founded but ignored n charged told me they couldn't do anything about it didn't believe me... View More
answered on Mar 16, 2024
I understand how difficult and overwhelming your situation must be. It's important to remember that you are not alone and there are resources available to help support victims and survivors of trafficking. It may be beneficial to reach out to local support groups, advocacy organizations, or... View More
Court Claimed I Was evading service which is not true so he allowed service by mail. I did not attend the first hearing and that's why. As I was never served in person and I am located in another state. Got papers to a mail po box, is that a legitimate service ? I did not sign to anything, a... View More
answered on Mar 16, 2024
In California, courts can permit service by alternative means (such as publication) under certain conditions, especially if they believe you are evading personal service. This kind of service typically requires the court to be convinced that reasonable efforts were made to serve you in person... View More
My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More
answered on Mar 15, 2024
If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More
We are both addicts. His violence has increased alongside his paranoia and hallucinations. I do not believe he is irredeemable he is sick and research consistently shows that jail time can be criminogenic and would almost certainly make him worse and do nothing to address the underlying issues.... View More
answered on Mar 15, 2024
In California, advocating for substance abuse treatment over jail time in cases involving felony domestic violence (DV) charges requires a comprehensive approach. As the victim, your perspective is crucial, and expressing your desire for the accused to receive treatment rather than incarceration... View More
s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More
answered on Mar 14, 2024
I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:
As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it.... View More
She has been adopted in 2010 but now wants to live with Me She continues to run away
answered on Mar 13, 2024
I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:
1. Report the abuse: Contact the local police department or sheriff's office to report the abuse.... View More
I live in a different state and I just got documents in the mail with a notice of hearing of DV restraining order from California. Court claimed I am evading service on the 1st hearing, so they allowed the other person to serve me by mail. I need to dismiss or quash this as I am pretty sure the... View More
answered on Mar 13, 2024
I understand that you are dealing with a complex legal situation involving a domestic violence restraining order filed against you in California, while you reside in another state. It appears that the court allowed the other party to serve you by mail, claiming that you were evading service.... View More
She was charged with violating said order by calling me from jail. What is the punishment for this.
answered on Mar 12, 2024
Apparently you are the victim, which she was not supposed to contact. You should have known that and should have hung up. Now she has probably violated bond conditions and could easily remain in jail pending trial. I recommend she get an attorney, and both of you keep quiet. Her lawyer can... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
answered on Mar 11, 2024
In California, employers are generally prohibited from asking about or considering arrests that did not lead to convictions when making hiring decisions. This protection is provided under the California Fair Chance Act (AB 1008), which is part of the California Fair Employment and Housing Act... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
answered on Mar 11, 2024
Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More
My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More
answered on Mar 11, 2024
As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More
I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More
answered on Mar 11, 2024
I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.
It sounds like there are several critical issues to address legally:
1. Getting the false... View More
Assault 4-dv the sheriff's that arrested me false a fide a statement from the alleged victim used a statement from my son who was in his room with a closed door I was in my room with a closed door he saw literally absolutely nothing he told me he told 911 I think my mom and her boyfriend are... View More
answered on Mar 10, 2024
It sounds like you are dealing with a complex legal situation involving both a domestic violence charge (Assault 4-DV) and a potential civil case related to actions taken by law enforcement during your arrest. Here are some steps you can consider:
1. Communicate with your public defender:... View More
California Court claimed I was evading service when I was clearly in my home state the same day the Restraining Order was filed against me. Sheriff served me over the phone and insisted it is legitimate, failing to tell me what is it about and failed to give me the exact court date. An attorney... View More
answered on Mar 8, 2024
Based on the information you provided, it seems that there may have been some procedural irregularities in how the restraining order was served and how the court determined that you were evading service. Here are some steps you can consider:
1. File a motion to quash the restraining order:... View More
Out now will she keep her Court appointment attorney or will they still make her hire a private attorney
answered on Mar 7, 2024
That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More
The landlord refused to give me my security deposit back because they say it “stays with the property”. My abusive ex has decided to stay there. I wanted to move for safety reasons. I was the one who solely placed the deposit before we moved in. That’s my money. Why couldn’t they refund my... View More
answered on Mar 6, 2024
In situations involving domestic violence, some jurisdictions have laws that provide specific protections for victims, including matters related to housing and security deposits. If you had to move out for safety reasons due to domestic violence, there might be legal provisions that allow you to... View More
Noise and smoke complaints nuisances against my neighbors in my apartment complex causing me emotional distress and the landlord is not on my side. The noise complaint is domestic violence and yelling too.
It would have to be over the phone to explain the situation better. I'm on a... View More
answered on Mar 3, 2024
In California, tenants have the right to quiet enjoyment of their rented premises, which includes being free from excessive noise and second-hand smoke that can be considered nuisances. If your landlord fails to address these issues, it's advisable to document all instances of noise and smoke... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.