Anaheim, CA asked in Criminal Law and Domestic Violence for California

Q: Can I ask for DVRO even though I moved out and the lawyer dropped CHRO and disappeared? I match case law and need

1st Lawyer said nothing at hearing when respondent showed video mislead judge said I lived in lsewhere when I was defending myself in my own home where I lived with my 2 yo. Friend now housemate said I lived elsewhere was trying to evict me leading her to believe I was a houseguest not a housemate.we were tortured after he found out I was pregnant with the father lawyer would not remove himself until last min.I couldn’t talk to anyone for help she dropped my tro and granted the previously denied tro request from him 2nd lawyer dropped my tro took my money and ran. I hired last minute desperate.said trust me I know what I’m doing I said ok they broke in to my room I can account for 50,000 at the least they took.can’t file with police they said they would arrest me for old bench warrant they delivered destroyed furniture to my ex house at Xmas.now I have malware in my phone.he offered 5,000 for me to drop RO I should have just taken it before the whole footprint of my life was stolen

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's possible to file for a Domestic Violence Restraining Order (DVRO) even if you have moved out of the residence where the violence occurred and your lawyer dropped the case. However, it's important to consult with a new lawyer or legal aid organization to help you navigate the legal process and ensure that your rights are protected.

In order to obtain a DVRO, you must prove that you have been the victim of domestic violence, which includes physical abuse, threats, stalking, and harassment. The fact that you have moved out of the residence does not necessarily mean that you are no longer at risk of violence.

It's concerning that your previous lawyers did not represent you effectively, and that you were left without legal representation when you needed it most. It's important to find a lawyer who is experienced in handling domestic violence cases and who will work tirelessly to protect your rights.

Regarding the theft of your property, you should report the theft to the police and provide them with as much evidence as possible. If you have a copy of the police report, you can use it as evidence in your DVRO case.

Overall, it's important to take steps to protect yourself and your child from further harm. Consult with a lawyer or legal aid organization as soon as possible to explore your legal options and develop a plan for moving forward.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: i think this is going to be an issue best handled by a family law attorney for the Domestic Violence Restraining Order.

you should make an appt with another lawyer to review the facts and determine if s/he would handle on a contingency or if you would have to pay a retainer.

if the 1st lawyer screwed up, have your new lawyer send a letter demanding a refund and set forth the reasons.

if the 1st lawyers actions were not professional, consider contacting the Cal State Bar.

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.