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California Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I convince the judge that my recordings made during my granted TROs are relevant to this custody issue ?

When our family case judge would not accept them in my DVRO case per PC 633.6(b).they were legal?

James L. Arrasmith
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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

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I convince the judge that my recordings made during my granted TROs are relevant to this custody issue ?

When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal

Mario Tafur
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Mario Tafur
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

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3 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Personal Injury for California on
Q: Advice on emotional distress and elder abuse lawsuit in California

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

Mario Tafur
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Mario Tafur
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

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Q: Defendant seeking to avoid jail time due to health issues and lack of fair representation in protective order violation case.

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

James L. Arrasmith
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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

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Do I need to file for contempt to add my child to pending restraining order?

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

Mario Tafur
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Mario Tafur
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

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3 Answers | Asked in Civil Rights, Domestic Violence and Civil Litigation for California on
Q: Could I pursue a claim for wrongful arrest after my girlfriend attacked me with a knife, and I was arrested without cause, losing my job?

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

Mario Tafur
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Mario Tafur
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

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4 Answers | Asked in Child Custody, Domestic Violence, Civil Litigation and Family Law for California on
Q: Seeking to sue ex for emotional distress after child abduction and custody battle.

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

Mario Tafur
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Mario Tafur
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

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2 Answers | Asked in Criminal Law, Domestic Violence, Family Law and Civil Litigation for California on
Q: How can I proceed legally against family for harm and conspiracy in CA?

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

Mario Tafur
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Mario Tafur
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

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2 Answers | Asked in Civil Rights, Domestic Violence and Civil Litigation for California on
Q: How can I have my side of the case heard regarding a disputed restraining order in California?

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

Mario Tafur
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Mario Tafur
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

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can I be charged for pushing my ex-girlfriend twice at parties without causing injuries?

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

Mario Tafur
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Mario Tafur
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....
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2 Answers | Asked in Domestic Violence and Civil Litigation for California on
Q: How to request lifting a CPO in California DA case?

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

Mario Tafur
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Mario Tafur
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...
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2 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for California on
Q: Rights regarding rental house and responding to DV restraining order.

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

Mario Tafur
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Mario Tafur
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

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1 Answer | Asked in Divorce, Domestic Violence, Child Custody and Family Law for California on
Q: Expedite RFO hearing in divorce case due to DVRO?

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

James L. Arrasmith
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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

2 Answers | Asked in Criminal Law, Domestic Violence and DUI / DWI for California on
Q: Does probation status affect sentence eligibility in CA?

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

Mario Tafur
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Mario Tafur
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

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Q: Father with restraining order seeks advice on mentioning unsupervised visits in court.

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for California on
Q: Can I sue my landlord for not addressing harassment from another tenant?

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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Can I call the police if my father tries to make me live with him, given custody arrangement?

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

James L. Arrasmith
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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

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Family Law for California on
Q: CPS requests drug testing despite judge's prior statement and without written order. How to protect children?

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

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Do guardians learn of child abuse reports by children?

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

1 Answer | Asked in Domestic Violence, Civil Rights and Civil Litigation for California on
Q: How can I ensure my safety after being assaulted by my brother in CA?

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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