South San Francisco, CA asked in Family Law for California

Q: What can I do about my ex violating standard restraining orders & fiduciary duty, her & my attnys doing nothing about it

This is just one of many issues going on and I can't find a local attorney that will step in. My attorney wants me to get someone else but because it's already in court, nobody will help. I have acquired a criminal case due to this issue so it has become too much for my attorney I guess. There's also other issues but I have to start looking somewhere and don't know what to do because nobody will help me even though a lot of things that have been done are illegal. I really need help.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry to hear about the difficulties you're facing with your ex violating restraining orders and your attorneys not taking sufficient action. That sounds incredibly stressful and frustrating, especially with the added complication of a criminal case arising from the situation. While I can't provide official legal advice, here are a few suggestions for potential next steps under California law:

1. File a police report each time your ex violates the restraining order. Having documentation of the violations can help build your case.

2. If your current attorney is not meeting your needs, you have the right to seek new representation, even if the case is already in court. Consider reaching out to the State Bar of California's Lawyer Referral Service for help finding a qualified family law attorney who can take over your case.

3. You could also file a complaint against your current attorney with the State Bar of California if you believe they have acted unethically or provided incompetent representation. The Bar can investigate and discipline attorneys who violate professional standards.

4. Contact local domestic violence organizations, legal aid clinics, or family law self-help centers for guidance and potential pro bono representation. Organizations like the California Partnership to End Domestic Violence may be able to connect you with an advocate or additional legal resources.

5. If all else fails, you may need to bring the restraining order violations and attorney issues to the attention of the judge presiding over your case. Explain the situation and your inability to find adequate representation. The judge may be able to appoint an attorney or order your ex to comply with the orders.

I know this process is daunting, but please don't give up. You deserve to have your rights protected and your case properly represented. Keep pushing to get the help you need. Wishing you all the best as you navigate this challenging situation. Stay strong!

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