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When our family case judge would not accept them in my DVRO case per PC 633.6(b).they were legal?
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answered on Apr 25, 2025
In California custody proceedings, the admissibility of recordings often hinges on demonstrating their direct relevance to the best interests of the child. Your recordings, while legally obtained under Penal Code 633.6(b) during a Temporary Restraining Order, must be explicitly connected to factors... View More 
When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal
answered on Apr 25, 2025
Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More
I am seeking advice on filing a lawsuit in California for Intentional Infliction of Emotional Distress and Elder Abuse. The wrongful acts have been ongoing for over 15 years and have worsened. As a 77-year-old plaintiff, I have suffered extreme emotional distress due to this conduct and can... View More
answered on Apr 21, 2025
To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More
I have a concern regarding a defendant who pleaded no contest to violating a protective order due to not being able to contest the restraining order in court. She was suffering from sepsis at that time, which affected her ability to respond due to severe illness. The defendant is hoping to avoid... View More
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answered on Apr 19, 2025
In California, there are several post-conviction relief options available for someone who pleaded no contest while suffering from a serious medical condition like sepsis. The defendant can file a motion to withdraw the plea under Penal Code 1018. This legal avenue allows defendants to take back a... View More
I am a self-represented single mother with a pending hearing for a personal restraining order. The restrained person showed physical aggression by closing a car door on my leg, and I immediately filed to add my child to the restraining order. However, it was denied. Given that the hearing was moved... View More
answered on Apr 17, 2025
To include your child as a protected party on the restraining order, you do not need to file for contempt. Instead, you should request a modification of the existing restraining order. California law allows for such modifications through the filing of a Request for Order (form FL-300) and a... View More
I was involved in a situation where my girlfriend physically attacked me during an episode, and as I tried to leave our apartment, she threw a knife at me, causing a significant injury. Despite being the one injured, the police arrested me for domestic violence based on her claim that I initiated... View More
answered on Apr 15, 2025
Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More
I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More
answered on Apr 15, 2025
In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More
I am an adult who lived with my father and step-mother in Sacramento, CA. They initially agreed to help me get my life together and communicated this via emails. They have guardianship of my minor child through the court, with a court order outlining visitation rights, which they are not following.... View More
answered on Apr 15, 2025
For the sexual assaults, you have options to seek justice both criminally and civilly. Reporting the incidents to law enforcement can initiate a criminal investigation, potentially leading to charges under statutes like § 261 (rape) or § 289 (sexual penetration). Civilly, § 340.16 allows you to... View More
I plead no contest to violating a court order because I did break it; however, I believe the restraining order should not have been issued in the first place. The order was obtained by my stepmother after an incident where I was recorded, but I recall being under significant stress due to a... View More
answered on Apr 15, 2025
To challenge the restraining order, you may pursue an appeal if the 180-day period under California Rules of Court, rule 8.104(a)(1)(C) has not expired, especially if proper service of the order was not established (In re Marriage of Lin, 225 Cal. App. 4th 471). Alternatively, you can file a motion... View More
I am a woman and pushed my ex-girlfriend away on two different occasions at separate parties—once a month ago and once ten days ago. Both times she was provoking me by trying to talk to me. There were no injuries, but her father contacted me today, saying he reported me. There were witnesses who... View More
answered on Apr 8, 2025
Hello, I am glad to outline the potential implications and steps you can take.
In California, pushing someone can indeed lead to charges, even if no injuries result. Under Penal Code Section 242, battery is defined as the willful and unlawful use of force or violence upon another person.... View More
I am the victim in a DA case, and a Civil Protection Order (CPO) was issued by a judge in court under a penal code three weeks ago. I don't want this CPO as I'd like to be able to see and talk to my fiancé. We have an upcoming court date on May 27. The incident involved my fiancé being... View More
answered on Apr 7, 2025
Dear Fullerton Resident,
I am more than happy to provide guidance on your question regarding how to request the lifting or modification of a Criminal Protective Order (CPO) issued in your domestic violence case in California. As the protected party in this matter, I understand your desire... View More
I rented a house with the mother of my daughter, with her signing the lease first and me second. At that time, I was the sole breadwinner, covering most of the deposit and bills, while even having to get early paychecks to secure the house. Now, she has a restraining order against me, alleging... View More
answered on Apr 7, 2025
Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More
I am currently in the middle of a divorce case. My ex-spouse was granted a Domestic Violence Restraining Order (DVRO) for abusing their parent. I plan to file a Request for Order to Modify (RFOMOD) custody based on this DVRO. Typically, other courts schedule Request for Order (RFO) hearings in... View More
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answered on Apr 5, 2025
Yes, you may have grounds to request an expedited hearing given the circumstances. A DVRO, even if not directly involving you or your child, can be relevant to custody if it shows a pattern of violence or instability. Courts prioritize the best interest of the child, and safety concerns can justify... View More
I'm currently on felony probation in Sonoma County, CA, for domestic violence and DUI charges. I have a separate court case in Lake County, CA, where I am being offered a plea deal for a two-year sentence for auto theft. I would prefer to serve time in state prison rather than county jail.... View More
answered on Apr 4, 2025
Your current felony probation status in Sonoma County for domestic violence and DUI charges does impact your sentencing eligibility in your Lake County auto theft case, where you’re offered a two-year plea deal and prefer state prison over county jail. Under California Penal Code § 1203, if the... View More
I am a father with a restraining order against me, prohibiting unsupervised visits with my children for up to 3 hours max. Despite this, the mother of my kids has allowed them to visit and sometimes stay overnight or for several days. We attended mediation where I disclosed this, but the mediator... View More
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answered on Apr 5, 2025
You should be very cautious about bringing up the unsupervised visits in court, even if they were allowed by the mother. The court could see this as a violation of the restraining order, regardless of whether the mother permitted it. Judges take restraining orders seriously, and any deviation can... View More
I have been experiencing issues with my landlord regarding a violation of the rental agreement. A fellow tenant has been harassing me, including cussing at me and throwing liquid on me. Despite discussing this with my landlord, he hasn't taken action and said he is done with the issue. I... View More
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answered on Apr 4, 2025
Yes, you may have grounds to sue your landlord based on California law. California landlords have an obligation to provide tenants with "quiet enjoyment" of their rental property, which includes taking reasonable steps to address tenant-on-tenant harassment when notified of such issues.... View More
I am 16 years old and my parents are divorced. My father has 5% physical custody but 50% legal custody regarding decisions like school and medical care. I haven't spent time with my father in about five years, and I am scared of him. My mother is threatening to make me live with him because I... View More
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answered on Apr 3, 2025
Under California law, custody orders must be followed by both parents, but enforcement becomes complex when the child is 16 years old. If your father attempts to forcibly take you against the established 5% physical custody arrangement, you can contact law enforcement. However, police typically... View More
I am a victim of a domestic violence incident, and now CPS has filed a charge of failure to protect against me, despite having evidence to refute the charges. After a jurisdiction hearing today, which was continued for 30 days due to a restraining order I filed, CPS told me to pull my kids out of... View More
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answered on Apr 2, 2025
You should immediately document this verbal request from CPS in writing, including the date, time, names of officials involved, and exactly what was requested. When dealing with CPS matters, maintaining comprehensive records is crucial for your case. Consider sending a respectful email to your CPS... View More
If a child aged 13 to 17 reports child abuse by their legal guardian, who is their aunt, and there has been ongoing abuse, does the guardian have to be informed that the report was made by the child?
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answered on Apr 1, 2025
Under California law, the identity of individuals who report suspected child abuse is generally kept confidential, including when the reporter is a minor victim. The Child Abuse and Neglect Reporting Act (CANRA) establishes strong confidentiality protections for reporters to encourage reporting and... View More
I was assaulted by my brother, who knocked me unconscious and caused injuries to my ribs by stomping on me. The police were called but did not take any action and instructed me to leave the house so my brother could calm down. I have not sought medical attention for my injuries. There have been... View More
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answered on Mar 31, 2025
Your immediate safety is the priority in this dangerous situation. Despite the police response you described, you have the right to protection under California domestic violence laws. You should seek medical attention for your injuries as soon as possible, which will both address your health needs... View More
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