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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: I live in California and had a misdemeanor domestic violence charge in 2001. Will I ever be able to purchase a firearm?
James L. Arrasmith
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answered on Dec 3, 2024

Under federal law (18 U.S.C. § 922(g)(9)), any domestic violence conviction - even a misdemeanor - creates a lifetime prohibition on firearm possession, regardless of when the conviction occurred. This means your 2001 misdemeanor domestic violence conviction makes you permanently prohibited from... View More

3 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"

The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to... View More

Robert Kane
Robert Kane
answered on Nov 29, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

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1 Answer | Asked in Domestic Violence for California on
Q: Have temp dv restrain order on my ex. Had our 1st hearing, she asked for ext. How do I submit evidence that I need added

I have additional evidence that I was not able to include with the initial complaint. How do I submit it so she can't claim civil procedure was not followed and is able to get my evidence to not be considered in our hearing?

James L. Arrasmith
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answered on Nov 23, 2024

You'll want to file your additional evidence through proper legal channels as soon as possible. The California courts require you to serve any new evidence to the other party before it can be considered in your hearing, typically at least 5 days before the court date.

To submit new...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Elder Law for California on
Q: As a dependent adult how can I get assistance, and get away from my mentally ill abusive father?
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answered on Nov 22, 2024

Your safety and wellbeing are the top priority right now. If you're in immediate danger, call 911 or your local emergency services right away.

Contact Adult Protective Services (APS) in California at 1-833-401-0832 - they help dependent adults facing abuse and can provide resources for...
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1 Answer | Asked in Domestic Violence for California on
Q: Are there any free domestic violence classes for people with no income
James L. Arrasmith
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answered on Nov 21, 2024

Yes, there are free domestic violence classes available in Fresno for people without income.

The Marjaree Mason Center offers free domestic violence intervention programs, including both in-person and virtual classes. You can reach their 24-hour crisis hotline at (559) 233-HELP (4357) to...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does it count as another stike

if a violent offender 3058.6 commits battery on spouse and resisting arrest with priors after release on parole and has 2 strike what his sentence

James L. Arrasmith
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answered on Nov 16, 2024

Under California's Three Strikes Law, both domestic battery and resisting arrest with violence can count as serious or violent felonies. When committed while on parole, with prior strikes, these offenses typically qualify as strikes.

If this person already has two strikes, committing...
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1 Answer | Asked in Domestic Violence, Land Use & Zoning and Landlord - Tenant for California on
Q: I was served a eviction notice from the sheriff giving me 5 days to move out but now I'm dealing with a domestic violenc

So I guess my question is I served an eviction I have 5 days to get out from the sheriff but now I'm dealing with a domestic violence issue is there anything that I can do to postpone the eviction or what can I do

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult time. In California, victims of domestic violence have certain protections that might help with your eviction situation. You can request a postponement of the eviction by informing the court of your circumstances. Providing documentation, such... View More

1 Answer | Asked in Domestic Violence, Land Use & Zoning and Landlord - Tenant for California on
Q: I was served a eviction notice from the sheriff giving me 5 days to move out but now I'm dealing with a domestic violenc

So I guess my question is I served an eviction I have 5 days to get out from the sheriff but now I'm dealing with a domestic violence issue is there anything that I can do to postpone the eviction or what can I do

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult time. When facing both an eviction and a domestic violence situation, there are steps you can take to address both issues simultaneously.

First, reach out to a local legal aid organization or an attorney who understands both eviction...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for California on
Q: Can I make Motion for reconsideration based on ccp1008, CCP657, federal CCP rules 52, 59, 60b?
James L. Arrasmith
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answered on Nov 15, 2024

In California, you can file a Motion for Reconsideration under CCP 1008, but you must act quickly as there's typically only a 10-day window after service of written notice. Your motion needs to show new or different facts, circumstances, or law that weren't presented in the original... View More

1 Answer | Asked in Family Law, Constitutional Law and Domestic Violence for California on
Q: What does CCP 1008 b mean

(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.

To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along...
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2 Answers | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: What happened if someone file your birth certificate and a restraining order case I didn’t give them my birth certificat

I didn’t give them permission to use my birth or I didn’t give them permission to file anything. A restraining order case is public records. Anyone can get access to my birth certificate.

Robert Kane
Robert Kane
answered on Oct 30, 2024

Who is "them?"

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What is Hearing results DOPP

Criminal case two aggravated corporalninjusty charges and a contempt for violation of cpo

James L. Arrasmith
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answered on Oct 30, 2024

You're facing charges of aggravated corporal injury and contempt for violating a criminal protective order, and you're wondering about the hearing results labeled "DOPP". This is a serious situation, and understanding the terminology is crucial for your next steps.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: need some assistance or guidance

hello i have a case out of san bernardino court house case FAMSB2401279 i have an attorney now representing me however i feel like my primary concerns are not being addressed and this case is dragging on longer then it needs to. my attorney is a criminal defense attorney and i need to get my... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry to hear about the challenges you're facing. It’s important to have an attorney who fully understands and prioritizes your family law concerns. You might consider consulting with a family law attorney who has experience specifically in child custody and domestic violence cases... View More

1 Answer | Asked in Domestic Violence for California on
Q: This is a domestic dispute case I have entered more details in the detail section

There was a domestic dispute between my boyfriend and I and I never called the cops. One month later his mother called the cops for another incident concerning him and her. While speaking to the officer she called me to come over and she told the cop what had happened between her son and I. I never... View More

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry you're going through this difficult situation. It might help to reach out to a family law attorney who can guide you on the best steps to take to support him legally. They can review the details of your case and advise if there are options to appeal the decision or seek... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car I pulled over parked got out to make him get out We both left my car walking about 30 min later we both came back to my vehicle I tried to get my keys ready to get into my car before he could reach & get in also I was... View More

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answered on Oct 26, 2024

I'm sorry you're going through this situation. To address the restraining order that's part of his probation, you should first reach out to a legal professional who can guide you based on the specifics of your case. They can help you understand the conditions of his probation and how... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car, I pulled over, parked, got out to make him get out of my car also. We both left my car & took off walking. about 30 min later we both came back to my vehicle. I tried to get my keys ready to get into my car before he could... View More

James L. Arrasmith
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answered on Oct 26, 2024

To have a restraining order dropped that was filed through his probation, you’ll need to take specific steps within the legal system. Start by reviewing the order carefully to understand the terms and the reasons it was issued. It may be beneficial to gather any evidence or witnesses that can... View More

1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: Example: I have rights as a mother. I have right to safety. Abuser can get away with defamation & abuse.

Husband abused me. Then continued to post separation by defaming me & taking away child. Supervisor violated my religious rights.

Financial hardship, emotional pain

He is protected. I cannot sue him for defamation. Family court will not clear my name. I cannot sue emergency... View More

James L. Arrasmith
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answered on Oct 23, 2024

I’m truly sorry you're facing these challenges. Reaching out to a local attorney who understands family and defamation law in California can provide guidance tailored to your situation.

Support organizations for domestic violence survivors can offer resources and assistance, helping...
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3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I'm staying at a hotel and I was attacked House keeping allowed this man to come in after I clearly said not to.

House keeping opened the door for him even after I said not to.

He was yelling and hitting the door.

His name is not even registered as a guest here.

James Clifton
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James Clifton
answered on Oct 16, 2024

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

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1 Answer | Asked in Domestic Violence and Small Claims for California on
Q: I want to know if i can do something about my ex that I suffered from domestic violence owning me 4000
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answered on Oct 16, 2024

I'm really sorry to hear about what you've been through. You have the right to seek justice and address the financial aspect of your situation. In San Lorenzo, you can file a small claims case to recover the $4,000 your ex owes you. This process is designed to be accessible without... View More

1 Answer | Asked in Domestic Violence for California on
Q: For NEW DVROs, Are past GRANTED TROs by a judge that show past acts and patterns of behavior admissible as evidence?

Fc-6320 DVPA (c) states “disturbing the peace of the other party” is conduct based on the TOTALITY OF CIRCUMSTANCES destroys the mental or emotional calm of the other party.

COERCIVE CONTROL, which is a pattern of behavior that in purpose or effect unreasonably interferes with a... View More

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answered on Oct 14, 2024

Yes, past granted TROs can be used in your new DVRO case. These previous orders help demonstrate a history of behavior that may support your current request for protection. By showing a pattern of actions that disturbed your peace or interfered with your personal liberty, the court can better... View More

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