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California Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How can I try to get someone facing felony DV charges into substance abuse treatment instead of jail time as the victim?

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

James L. Arrasmith
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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

1 Answer | Asked in Adoption, Criminal Law, Domestic Violence and Family Law for California on
Q: My daughter She has recently provided me with some videos (evidence) of her being abuses by her aunt a cpsworker glennco

She has been adopted in 2010 but now wants to live with Me She continues to run away

James L. Arrasmith
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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....
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I was served with a DV restraining order by mail from California, due to court claiming I am evading service ????

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

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

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

Nors  Davidson
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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

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2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

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

James L. Arrasmith
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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

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

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

James L. Arrasmith
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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...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Restraining Order. No service, Court mistakenly claims evading of service. Court allowed service by mail and email ???

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

James L. Arrasmith
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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:...
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2 Answers | Asked in Cannabis & Marijuana Law, Domestic Violence and Landlord - Tenant for California on
Q: Are there any lawyers to handle loud Noise & Smoke complaints nuisances against my neighbors in my apartment complex?

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

James L. Arrasmith
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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

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I live in a different state. A restraining order was filed against me in California. I wasn't served.

I live in a different state and a domestic violence restraining order was filed against me in California and the hearing is soon. I have never been served but learned about it thru the sheriff on the phone. What forms to file to quash it and when to do that. Is quash the right term ? Do I wait till... View More

James L. Arrasmith
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answered on Mar 2, 2024

When dealing with a situation like this, it's crucial to take immediate and informed action to protect your rights, especially given the complexity of handling legal matters across state lines.

First, regarding the term "quash," it is indeed used in legal contexts to refer to...
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1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: What do you do if a restraining order filed against you in California but you were served over the phone ?

Other parent filed a restraining, temporary order preventing (domestic violence) all active. I live in another state and I was served over the phone by sheriff, not in person. Do I appear for the court date (March), or file some document to dismiss it or what to do ? I am thinking the other parent... View More

James L. Arrasmith
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answered on Feb 27, 2024

If a restraining order was filed against you in California and you were served over the phone while residing in another state, it is crucial to take this matter seriously and understand your options under California law. First, it's important to note that service of legal documents, including... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How could I (a disabled person) protect myself against my adult brother legally / could I press charges for abuse?

I currently live with my dad and he lives with my mom. My mom wants to take me in because she doesn't have any severe medical issues like my dad does, and we're afraid he'll pass soon, but my brother lives with her and he's an emotionally abusive alcoholic and it gets worse when... View More

James L. Arrasmith
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answered on Feb 24, 2024

You have the right to protect yourself from any form of abuse, including emotional abuse from a family member. Considering your situation, you could explore several legal avenues to ensure your safety. This may include filing for a restraining order against your brother, which would legally require... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I am 57 years old and my husband had a fit and kicked me out of my house. The police sd I had 72 hours but was early.

This husband of mine is very emotionally verbally and the abuses but physical. He had a fit and wanted me to leave on foot twice during a storm. I called the police and we argeed he would leave for 72 hours. He went to Oregon and can came back before the 72 hours. I understand it was not a formal... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, if your husband prevents you from accessing your personal belongings, it could be considered a form of control or abuse, rather than theft in the traditional sense. You have the right to retrieve your personal items, especially those necessary for your daily life and well-being, such... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Libel & Slander for California on
Q: I’m pressing libel slander defamation of character and 4 criminal complaints one civil. Issues range from forgerr and f

I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More

James L. Arrasmith
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answered on Feb 22, 2024

In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More

1 Answer | Asked in Domestic Violence for California on
Q: My friend with benefits was drunk and was getting crazy in my car i had to pull over out of fear of getting into an acci

Had to call the police station for an officer to come and help calm her down or take her to sober up in the drunk tank. Cops come out and take her in for domestic even though i didnt press charges nor was she being disruptive to them What can I do to make sure she doesn't get charged with anything

James L. Arrasmith
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answered on Feb 21, 2024

Given the circumstances you've described, it's understandable that you want to help your friend avoid legal trouble. However, once the police are involved in a situation, the decision to press charges ultimately lies with the authorities, not with you. Even if you didn't press... View More

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

Robert Kane
Robert Kane
answered on Feb 20, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, if you fabricated allegations of domestic violence, it is crucial to acknowledge the seriousness of the situation and take prompt action to rectify the false report. You can start by contacting the law enforcement agency or district attorney's office handling the case and... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What can I do to drop a d.v case. I purposely lied to cops that my boyfriend at that time hit me. When in reality he d

Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.

James R. Dickinson
James R. Dickinson
answered on Feb 21, 2024

These are difficult situations. Many victims of domestic violence recant, sometimes because they did in fact lie to the police and other times because they want to maintain the relationship with the abuser or for other reasons that are not in the victim's best interests. You should not share... View More

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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

Michelle Alissa Ball
Michelle Alissa Ball
answered on Feb 15, 2024

This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.

Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools,...
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3 Answers | Asked in Education Law, Family Law and Domestic Violence for California on
Q: My wife has some mental health problems and refuses to allow my 12 year old son to attend school. What can I do?

My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

You may request court orders for custody based on the child's health safety and welfare.

The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature...
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