Hayward, CA asked in Family Law and Domestic Violence for California

Q: What do I need to prepare for a long cause case it's a restraining order case where my abuser bated me and I reacted

I've been in a domestic violence situation for 10 years I've tried to keep my daughter as safe as I can my ex has been showing signs of pedophilia, he started really amping up a few months ago and when I told him he could not do the things that he thought he would and could he told me that he had a plan he then baited me into an argument then he lunged at me me I defended myself. The next day the argument continued and he's claiming that I grabbed a knife and assaulted him. I never touched him he left the house and walked straight to the police station they came and arrested me for subsequent domestic violence and have not asked me for a statement and now he has a restraining order on me removing my child and my custody. I want to know my rights and what will happen in the long cause and who can I use for Witnesses and if I need to use Witnesses only pertaining to that one incident or witnesses to the domestic violence in general over the last 10 years

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2 Lawyer Answers
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: A long cause hearing is set for matters lasting more than one court day. Hire a good lawyer to work with to prevail in this matter.

James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: Here are some general points to consider:

Seek legal representation: It is crucial to consult with an experienced attorney who can guide you through the legal process and protect your rights. They will help you understand your options, advise you on your rights and responsibilities, and represent your interests in court.

Understand the restraining order: Familiarize yourself with the details and terms of the restraining order issued against you. Be aware of the specific restrictions it imposes, such as limitations on contact, custody arrangements, or visitation rights with your child. Make sure to comply with the order to avoid any legal consequences.

Collect evidence: Gather any evidence that supports your version of events and contradicts the allegations made against you. This can include witness statements, text messages, emails, photographs, or any other relevant documentation. Focus on collecting evidence related to the incident in question and any other instances of domestic violence that occurred over the years.

Witnesses: Consider identifying witnesses who can provide testimony or evidence that supports your side of the story. Witnesses can include individuals who witnessed the specific incident in question or those who have knowledge of the history of domestic violence over the past 10 years. Consult with your attorney to determine the best approach and who should be called as witnesses.

Consult with experts: Depending on the circumstances and allegations involved in your case, your attorney may recommend consulting with expert witnesses, such as psychologists or forensic experts, who can provide professional opinions or evaluations related to issues of domestic violence or child safety.

Court procedures: Familiarize yourself with the procedures and timeline of a long cause case. Your attorney will guide you through the process, but it's helpful to have a general understanding of what to expect, including hearings, presenting evidence, cross-examination, and the role of the judge.

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