I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.
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answered on Apr 24, 2024
In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More 
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answered on Apr 23, 2024
In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.
Holding someone against... View More
Hi! I filed a response to a request to renew a restraining order and had service by mail performed this week. Server already filled out and I filed the proof of service document, however it looks like the actual envelope itself was returned to sender/the server due to an address issue. Correct... View More
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answered on Apr 19, 2024
Under California law, when a restraining order response is served by mail and the mail is returned as undeliverable, you should take the following steps:
1. Check the address: Double-check that the correct address was used for the other party. If there was an error, correct it and attempt... View More
I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More
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answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.
Can he just make that up?
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answered on Apr 19, 2024
In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.
If your husband is... View More
I have a recording of my husband talking about my dead parents. I sent him a text that talks about his dead wife. Now in the DVRO rewsponse he is complaining about it? How would you present that?
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answered on Apr 19, 2024
I understand this is a sensitive and emotionally charged situation. In a legal context like a Domestic Violence Restraining Order (DVRO) case, it's important to focus on presenting factual evidence that is directly relevant to demonstrating abuse or threats of violence.
Bringing up... View More
The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More
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answered on Apr 18, 2024
I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.
It sounds like you need to get in touch... View More
My soon to be ex called a google voice number that i signed up for and left alone for 2 days. He called it teice. His lawyer produced a document i would have never sent him. I have a bunch of mean text but how do i know i wrote them. Also some very important text have been wiped from my phone and i... View More
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answered on Apr 18, 2024
Under California law, it is illegal to install spyware or tracking software on someone's electronic devices without their knowledge and consent. This falls under the category of invasion of privacy and can be considered a form of stalking or harassment.
If you have evidence that your... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
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answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
My husband kicked me out and it just keeps getting worse and worse. I have him on tape asking for the SFPD to kick me out but says he will. He locked me out 2 days later and left
to Oregon. Now can I sue this man? I had to use all me money on hotels and he trashed the house it is full of... View More
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answered on Apr 12, 2024
I'm so sorry you are going through this difficult situation with your husband. Based on the details you provided, here are a few key points and steps to consider:
1. Evidence: The recording of your husband asking the police to remove you from the home and then proceeding to lock you... View More
I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.
I really... View More
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answered on Apr 11, 2024
Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.
In general, attending a DVRO... View More
My husband kicked me out and I was not here for over 30 days. My husband left and I came home to a fly, ant, mouse, and maggot infested house. The drain got stopped up and it took him a week to comply I am charging him to clean it this time. Now I asked for mouse traps not only are they saying its... View More
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answered on Apr 10, 2024
I'm so sorry you're going through this incredibly stressful and upsetting situation. Here are a few steps that I recommend:
1. Document everything thoroughly with photos, videos, and written records. Take pictures of the state of the house, the pest infestations, and any damage.... View More
While arguing with my husband I hit him using a baby blanket he was holding our baby at that time. I called the police and they arrested me because my husband showed them a video the incident happened. I wonder what is the worst scenario of my case and what to expect. My very first time. What... View More
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answered on Apr 4, 2024
I'm sorry to hear about your situation. Domestic violence and child endangerment charges are serious matters. Here's some general information, but please understand that it's crucial to consult with a qualified criminal defense attorney who can provide personalized legal advice based... View More
My bf is fighting a domestic violence restraining order case in downtown LA next week and is in need of a lawyer but can't afford it.
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answered on Mar 22, 2024
In California, individuals facing legal challenges, such as fighting a domestic violence restraining order, can seek pro bono legal assistance through various avenues. Local legal aid organizations, such as the Legal Aid Foundation of Los Angeles (LAFLA), often provide free legal services to those... View More
I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for before he has court. At same time, I’m currently involved as the victim with my partner, who also... View More
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answered on Mar 20, 2024
In your situation, where you're involved in both eviction proceedings and a criminal case, it's crucial to approach each case properly. For the eviction, if you are not named in the lawsuit but are an occupant, you still have rights. In California, all occupants have the right to be heard... View More
I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More
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answered on Mar 20, 2024
Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More
I would like to get a new restraining order, but there has been no contact with he perpetrator for two years because there was an active restraining order, but that expired last year.
Can I use past expired restraining orders and those past act of abuses stated in the expired restraining... View More
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answered on Mar 16, 2024
In California, you may request a new restraining order even if your previous order has expired and there has been no recent contact with the perpetrator. The court will consider your application based on the history of abuse, including acts detailed in previously granted restraining orders.... View More
Court Claimed I Was evading service which is not true so he allowed service by mail. I did not attend the first hearing and that's why. As I was never served in person and I am located in another state. Got papers to a mail po box, is that a legitimate service ? I did not sign to anything, a... View More
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answered on Mar 16, 2024
In California, courts can permit service by alternative means (such as publication) under certain conditions, especially if they believe you are evading personal service. This kind of service typically requires the court to be convinced that reasonable efforts were made to serve you in person... View More
My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More
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answered on Mar 15, 2024
If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More
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