Get free answers to your Domestic Violence legal questions from lawyers in your area.
Will that hold in court. My animals are the only animals included in the protection order.
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answered on Dec 20, 2024
Your situation involves both a restraining order and divorce proceedings, which creates an important legal distinction regarding the pets.
Since your pets are specifically included in the restraining order for protection, this indicates the court has already recognized a need to keep them... View More 
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answered on Dec 15, 2024
Yes, you can potentially restrict your child's travel outside of San Diego if you have legitimate concerns. You'll need to file an ex parte motion for emergency orders with the family court, specifically requesting travel restrictions or modification of existing custody orders.... View More
My Divorce agreement doesn't specify anything in regards to both parents having a mutual agreement for if other parent takes minor child outside of the state of San Diego(Current residence).
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answered on Dec 15, 2024
You can file a request with the court for travel restrictions if you have concerns about your child being taken out of state without your consent. Even if your divorce agreement doesn't specifically address this, California courts take these matters very seriously.
Filing an ex parte... View More
I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.
During the December 18 hearing, what should I expect? Can I submit my... View More
answered on Dec 12, 2024
The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.
The person getting a restraining order on them is my 17 year old sister and the one putting the restraining order is my mom due to her getting physically abused and resulted with her getting a fractured nose and a broken finger that needs surgery.
answered on Dec 11, 2024
It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More
answered on Dec 13, 2024
As the other lawyer stated it would appear that it provides a lifetime ban. You should consult with a lawyer in person to see what affect an expungement would have if any. That does not work in many cases. The feds still treat expungements as convictions in certain circumstances. Good luck on your... View More
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
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
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?
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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... View More
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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... View More
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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... View More
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
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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... View More
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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
(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
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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... View More
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.
Criminal case two aggravated corporalninjusty charges and a contempt for violation of cpo
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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
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
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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
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
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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
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
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
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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
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
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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... View More
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