In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More 
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 15, 2024
The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
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answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left
to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More
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answered on Apr 12, 2024
I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:
1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you... View More
I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.
I really... View More
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answered on Apr 11, 2024
Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.
In general, attending a DVRO... View More
My husband kicked me out and I was not here for over 30 days. My husband left and I came home to a fly, ant, mouse, and maggot infested house. The drain got stopped up and it took him a week to comply I am charging him to clean it this time. Now I asked for mouse traps not only are they saying its... View More
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answered on Apr 10, 2024
I'm so sorry you're going through this incredibly stressful and upsetting situation. Here are a few steps that I recommend:
1. Document everything thoroughly with photos, videos, and written records. Take pictures of the state of the house, the pest infestations, and any damage.... View More
While arguing with my husband I hit him using a baby blanket he was holding our baby at that time. I called the police and they arrested me because my husband showed them a video the incident happened. I wonder what is the worst scenario of my case and what to expect. My very first time. What... View More
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answered on Apr 4, 2024
I'm sorry to hear about your situation. Domestic violence and child endangerment charges are serious matters. Here's some general information, but please understand that it's crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based... View More
My bf is fighting a domestic violence restraining order case in downtown LA next week and is in need of a lawyer but can't afford it.
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answered on Mar 22, 2024
In California, individuals facing legal challenges, such as fighting a domestic violence restraining order, can seek pro bono legal assistance through various avenues. Local legal aid organizations, such as the Legal Aid Foundation of Los Angeles (LAFLA), often provide free legal services to those... View More
I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for before he has court. At same time, I’m currently involved as the victim with my partner, who also... View More
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answered on Mar 20, 2024
In your situation, where you're involved in both eviction proceedings and a criminal case, it's crucial to approach each case properly. For the eviction, if you are not named in the lawsuit but are an occupant, you still have rights. In California, all occupants have the right to be heard... View More
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
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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
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
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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
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
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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
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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
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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
She has been adopted in 2010 but now wants to live with Me She continues to run away
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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
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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
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
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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
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
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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 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
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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
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
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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
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