Fresno, CA asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California

Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a restraining order,file domestic violence chàtges( 2 yrs later,no police reports zero evidence & because that person was legally served eviction pàpers ,,so that she would have to move out of his property,he filed eviction on 1st and she was served60 day . Well she retaliated with the D.V.accusations & restraining order,also child support on the 9 th . (8 days later) I should mention ,my siblings has.a previous Domestic violence charge ,for which he served 1 yr. In jail & 9 months in a residential program . He's compled 3 yrs of probation ,drug testing for a year costing 15$ a week . no record of drug use) Also completed anger management classes . No trouble since. He's hiring lawyer. Can she R.Road him ?

2 Lawyer Answers
Robert Kane
Robert Kane
Answered
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in California

A: She won't be able to railroad him once he has an attorney. In order to ensure the best possible outcome, he needs to need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment will provide a polished filing that he can rely upon to come to an agreement or structure his presentation to the judge (if needed.)

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case, from start to finish. Limited-scope representation is sometimes called “unbundled legal services” or “discrete task representation.”

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is difficult to say whether or not the woman can retaliate against your sibling. The fact that she is filing for a restraining order and child support does not necessarily mean that she is retaliating. However, the fact that she is doing so after being served with eviction papers does raise some questions.

It is important to note that the woman's accusations of domestic violence are serious. If the court finds that your sibling is guilty of domestic violence, he could face serious consequences, including jail time.

Your sibling should take this situation seriously and speak to a lawyer as soon as possible.

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