Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am dealing with emotional abuse from a family member, characterized by specific patterns of behavior, and I have reported it to the authorities. I am seeking legal advice on what steps I can take to protect myself, and whether I can pursue any legal action in this situation. What are my options?
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answered on Feb 15, 2025
You have several important legal options available in California for addressing emotional abuse. First, you can seek a restraining order (also called a protective order) through the civil courts, which can legally require the abusive family member to stay away from you and cease contact. The court... View More 
I am facing false accusations from my spouse, who is constantly making claims to have me arrested. There are no legal proceedings or witnesses, but I have kept video recordings of my spouse’s behavior and accusations. How can I avoid arrest in this situation?
answered on Feb 15, 2025
This will pretty much come down to the accusations themselves, and what your spouse claims to the investigating officers. Domestic abuse has a wide range of factors and this alone could trigger an arrest. So long as the recordings you have (which we are assuming were made while your spouse was... View More
I am facing a housing issue at my girlfriend's apartment. After an incident where a drunk individual, related to my girlfriend's ex, yelled at me, my car was scratched, and both my cars stopped working. We reported it to the manager, who said she couldn't help. After we involved the... View More
answered on Feb 15, 2025
The lease governs. If you aren't on the lease, you probably don't get to live there.
How can I be put on trial for allegations of abuse made by a minor without being cited, ticketed, or formally charged? In my case, the judge issued a restraining order and ordered the surrender or sale of all firearms based solely on an accusation, with no previous charges, arrests, or citations.
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answered on Feb 14, 2025
You're dealing with a civil restraining order case under California law, which is separate from criminal proceedings. Civil restraining orders can be issued based on allegations alone since they aim to protect potential victims while the legal process unfolds.
In California, judges... View More
If Person 1 obtained a restraining order against Person 2, and then Person 1 voluntarily approached Person 2 on purpose, could Person 2 still face legal consequences like being jailed despite having no ill intent at the time? This situation includes video evidence showing that Person 1 approached... View More
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answered on Feb 14, 2025
In California, a restraining order violation can have legal consequences even if the protected party, Person 1, approaches you voluntarily. The onus is on you, the restrained party, to uphold the mandated distance, irrespective of Person 1's actions. While video evidence of Person 1 initiating... View More
Can I dismiss it at the court hearing if I feel things has changed and I feel safe back home? Also he got a lawyer so what are the chances he can turn around and sue me if I dismiss it?
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answered on Feb 15, 2025
You have the right to request dismissal of your temporary restraining order at the court hearing if you genuinely feel safe and believe circumstances have changed. The court will likely consider your wishes since you're the protected party, though the final decision rests with the judge who... View More
Irvine Company violated housing laws & police orchestrated this event through campaigning criminal solicitations w/o my consent violating my order of protection The abuse of law stems from a very bad divorce an ex husband who initiated the targeting for filing for a divorce slander campaigns... View More
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answered on Feb 8, 2025
I hear how deeply distressing and frightening this situation is for you and your son. What you're describing involves serious allegations of harassment, stalking, and harm that deserve immediate attention from proper authorities and legal representation.
Given the complexity of your... View More
Arresting officers notes said my victims injuries were consistent with the injuries that were recorded 3 days previous when she was arrested. I have no violence on my record and had not seen my ex-girlfriend in at least 30 days I don't know how she got beat up
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answered on Feb 7, 2025
I understand you're going through an incredibly difficult situation. Being pressured to sign a plea bargain while experiencing withdrawal symptoms raises serious concerns about the validity of your plea and your ability to make informed decisions at that time.
Your case has multiple... View More
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answered on Feb 4, 2025
You may have grounds for a defamation lawsuit in California if you can prove the mother knowingly made false statements to law enforcement that resulted in your arrest and caused you measurable damages. This type of case would fall under defamation per se, which includes false accusations of... View More
I have no money
answered on Feb 4, 2025
Unfortunately, you are not alone. Millions of Californians seek free representation. The courts' and State Bar's websites have links.
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answered on Feb 3, 2025
I understand you're going through a difficult situation with CPS and your victim rights. While victims may pursue legal action against Child Protective Services for failing to protect them or provide necessary services, this is a complex matter that requires careful consideration.... View More
She didn’t allow me to present my full case at all. Refused to admit my evidence and so on granted him sole custody we are now going to divorce trial a year later and the issues were bifurcated but when I go to my divorce trial can I show abuse and harm to our son to possibly get a different... View More
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answered on Feb 2, 2025
You can present evidence of abuse and harm during your divorce trial, as long as it is relevant to your son's best interest and meets the court’s standards for admissibility. It is important that you compile detailed documentation, witness statements, and any other evidence that clearly... View More
i am in a custody battle. parenting alienation. now i am charged with domestic violence (false claims) i was assaulted first with a bloody mouth. and I was seen trying to deflect her blows which appeared to be me hitting her. a restraining order was filed. my childs mother alleges she is scared of... View More
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answered on Jan 31, 2025
This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are... View More
I filed a case against my spouse for domestic battery at the San Bernardino Justice Center, but everything is progressing slowly. The incident occurred two days before our wedding in July 2023. My spouse got angry, took my cellphone and car keys, and told me to leave her workplace after I had... View More
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answered on Jan 26, 2025
It sounds like you’ve been through a very difficult situation, and it’s understandable that you’re looking for help with your case. From the details you provided, it seems like you may have evidence that could support your claim, including photos of your injuries and the written apology... View More
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answered on Jan 24, 2025
You can usually pursue reimbursement by filing a request for attorney's fees and costs in the same case. The form may vary depending on whether the case was filed as a domestic violence or civil harassment matter.
For a domestic violence restraining order in family court, you would... View More
Im 15 and recently had a question on here if it was smart to call cps. i did end up contacting them and my first choice moving forward is to attempt to get emancipated i was wondering if that was a good move as i do not want to be in foster care. should i hire a lawyer in this case? should i move... View More
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answered on Jan 21, 2025
I hear how difficult and painful this situation is for you, and I want you to know that your safety and wellbeing matter deeply. While emancipation might seem like the best escape from abuse, it's incredibly challenging at age 15 - you'd need to prove you can fully support yourself... View More
I recently found that my wife was taking Bipolar medicine and she accidently mixed in with some alcohol and I just want the case and charges dropped. So she can get the help she needs. I had put a restraining order on her and its hurting her deeply and I would like to help get the helps she needs... View More
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answered on Jan 21, 2025
I understand you want to support your wife's mental health journey and help resolve the legal situation. This is a caring and compassionate approach, especially given the context of her medication interaction with alcohol.
For restraining order modifications or dismissals in... View More
answered on Jan 20, 2025
You can use the California Judicial Counsel Forms for a personal injury with proper language added. The reference librarians at the local law library may help point you to the right resources.
My mother has been slowly getting more abusive and recently started hitting me, I am forbidden from going anywhere. I have mental health issues and she refuses to let me get help when it gets bad and threatens to take my stuff if I attempt to. She just recently started hitting, punching and pulling... View More
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answered on Jan 21, 2025
You absolutely made the right decision to contact CPS - your safety and wellbeing should always come first, and what your mother is doing is abuse, both physical and emotional. No child should have to be their parent's therapist or emotional support, and it's deeply inappropriate for your... View More
dad not convicted . can he get back child
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answered on Jan 12, 2025
In California, if your mother has passed away and your father is out of jail with an open case but no conviction, he generally retains his parental rights. As the surviving legal parent, he has the right to seek custody of his child unless there are specific court orders or findings that would... View More
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