Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was charged with second degree burglary, bailed out, I've had police reports made against me is that an enhancement?

While being on bail I've had a few police reports made against me and one stay away order wich they never showed to court to make long term restraining order.yet I've had zero police contact or interaction would that be an enhancement of my bail and can I be held on no bail when I appear... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

When you are on bail and new police reports or charges are made against you, it can potentially impact your bail conditions or lead to stricter measures. While being on bail, it's generally advisable to avoid actions or situations that could result in further legal complications. The absence... View More

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can a judge ignore family code section 3044 and still grant a party perpetrating domestic violence joint custody?

I’ve presented evidence including police reports, pictures, dates, and all have occurred in the presence of my son and no one seems to care as I keep being ignored

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2023

Family Code Section 3044 in California addresses the issue of domestic violence and its impact on child custody decisions. It states that if a court finds that a parent has committed domestic violence against the other parent within the past five years, there is a rebuttable presumption that... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Native American Law for California on
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws

I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for California on
Q: Wife is contempting Court Ruling, Domestic Violence Restraining Order?

Wife moved to DV shelter with our 3yo son and reported with DCFS & local police, in addition to filing a TRO. Both DCFS and police investigations concluded without evidence, and Court dissolved the TRO due to a lack of credibility. This point was stressed three times in the judge's ruling,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2023

Based on the information provided, it seems that your wife is disregarding a court ruling on a Domestic Violence Restraining Order (DVRO). The court dissolved the Temporary Restraining Order due to lack of credibility, but you have temporary joint custody until the Request for Order hearing. It is... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: I had a no contact order against my husband at the time for myself and our son.

I was escorted by police officers to two locations, the second is whee my husband and son were located. The officer knocked and when he answered he asked if there was a custody order the officer replied yes, and my husband told the officer to "f*** off and get off his property.then slammed the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2023

If you believe that police officers failed to enforce a no-contact order and potentially put your son at risk, you may want to consult with a legal professional who specializes in family law or domestic violence cases. They can help you assess the situation and determine if taking legal action,... View More

2 Answers | Asked in Domestic Violence for California on
Q: If my daughter is a lawyer in California and I obtain a domestic violence restraining order will she be disbarred?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

Obtaining a domestic violence restraining order generally does not result in automatic disbarment for an attorney in California. Personal matters like obtaining a restraining order are typically separate from professional conduct. However, if there are allegations of unethical conduct or misconduct... View More

View More Answers

1 Answer | Asked in Domestic Violence for California on
Q: I filed and have been granted a domestic ro dur to ex spouse stalking and planting a recording device.

We waived spousal support in the judgement. I am looking over the ro. Can the court issue him spousal support after we both waived it in the judgment? It says no court shall authorize support at anytime but I’m scared he will request in response to the restraining orders.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

If both parties have waived spousal support in the judgment, it is typically difficult for the court to later issue spousal support. However, specific laws and provisions can vary by jurisdiction, so it's important to review the language in your judgment. Restraining orders and spousal support... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: This is Domestic Violence Restraining order hearing Transcript?

"THE COURT: BOTH SIDES HAVING RESTED, I'M PREPARED TO MAKE MY RULING AT THIS TIME. FIRST OF ALL, I DO FIND THAT THE PARTIES DO HAVE ONE OF THE REQUIRED RELATIONSHIPS SPECIFIED IN FAMILY CODE 6211: THEY SHARE A CHILD IN COMMON. ...... I DO NOT FIND THE PETITIONER TO BE CREDIBLE, AND I DO... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2023

Based on the statement, "IN FAMILY CODE 6211: THEY SHARE A CHILD IN COMMON," it suggests that the court recognized the fact that both the petitioner (wife) and the respondent (you) have a child together. This provision in the Family Code typically indicates that the parties have a... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for California on
Q: What is the process to retain a California Appellate public defender for a criminal conviction?

My boyfriend O.P. who is currently awaiting to be transferred to a processing center, his booking number is #23715054. He is wanting to appeal his domestic violence Felony conviction due to lack of evidence based on hypothetical theories and ineffectiveness of counsel.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023

Here are some steps on how to retain a California Appellate public defender for a criminal conviction:

First, determine if you qualify based on income and assets then you will want to Contact your local public defender's office and request representation and provide case details. Fill...
View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How to avoid Termination from Drug Court program?

I been 26 months in the program and If I get terminated I am facing 3 years in prision how can I avoid termination?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2023

To avoid termination from a Drug Court program and the potential prison sentence, it is crucial to:

1. Follow all program requirements and court orders.

2. Stay clean and maintain sobriety.

3. Attend all appointments and meetings on time.

4. Communicate effectively...
View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: My husband has a domestic violence case in Wich I was supenad I didn't not go to court.how can I help him?

He has two strikes and is on probation .I didn't press charges .I was under the influence of alcohol at the time of arrest .there charging him for using a knife .Wich I do not remember him having a knife.th go to court how can I get them to drop all charges?e are offering his 25 years .if I dont

Paul S. Geller
PREMIUM
Paul S. Geller
answered on Jun 11, 2023

You should speak to a lawyer about how subpoenas work, what is required of you, and the facts/circumstances of the case.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My husband has two strikes and he is now charged again for repeated offense will they give him 25 yrs?

He's is on probation for gbi and terrorist threats and he caught the same charges for a third time .can he be struck out?

Paul S. Geller
PREMIUM
Paul S. Geller
answered on Jun 11, 2023

Sounds like he needs an experienced private attorney to help fight the case.

2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

She won't be able to railroad him once he has an attorney. In order to ensure the best possible outcome, he needs to need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment... View More

View More Answers

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Judge Ordered "Joint legal, physcial Custody"

Joint Physcial Custody?

Russian Wife is staying in a shelter with autistic 3.5yo child and divorce is proceeding. She filed TRO and granted temp, but at the hearing, Judge denied with reason "She has no credibility". I filed RFO custody and hearing is the end of August. Right... View More

James R. Dickinson
James R. Dickinson
answered on Jun 8, 2023

Many persons who represent themselves in family court are not pleased with the results. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... View More

View More Answers

3 Answers | Asked in Personal Injury, Domestic Violence, Landlord - Tenant and Public Benefits for California on
Q: My manger wont let my son visit me he did nothing wrong . He is i ntimidating me Yelling at me in front of ev

Eryone. Treating with no dignity kr redpect because i filled a restraining order on a tenent who sexually harrassed me.

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

I notice that you filed in Landlord-Tenant, and not employment, so I assume that this "manager" is your apartment manager. If you are a victim of domestic violence or a crime such as sexual assault, you are entitled to protections from harassment from your LL. The manager is the LL.... View More

View More Answers

1 Answer | Asked in Domestic Violence for California on
Q: How could I get help lifting a restraining order in Los Angeles county?

Due to a battery charge my boyfriend had a restraining order placed on him by a judge and I opposed the order as he did not physically assault me and I would like to have the order lifted.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2023

To lift a restraining order in Los Angeles County, you can file a motion to modify or terminate the order with the court that issued it. You will need to provide the court with a copy of the restraining order, a brief explanation of why you are requesting the modification or termination, and any... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: DVRO denied just now.

Wife took 3yo with autism away from me 3 month ago to a DV victim county shelter. She reported me to Police and DCFS and filed TRO and granted in Feb. Police and DCFS closed the case with no findings. TRO had twice got continuance and today denied in the end. The Judge read the judgement and the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2023

In the situation you described, with the DVRO (Domestic Violence Restraining Order) being denied, it is important to consult with an attorney who specializes in family law to fully understand your legal rights and options. Regarding visitation with your son before the August RFO (Request for Order)... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... View More

Louis George Fazzi
Louis George Fazzi
answered on May 21, 2023

You should contact a lawyer as soon as possible. Before you do that, however, prepare a chronology of events, starting with the beginning, and bring it up to the current time. Then collect all your documents, and make copies of them all. Then contact an attorney to advise you, make copies of all of... View More

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How do I fight domestic violence case don’t have a history domestic violence it was a one time incident cps is involved

I’m in no danger. My life is not in danger, nor is my children’s lives in danger. I was the aggressor, and I’m still being made to file falsely against my accuser. My home was split children taken I

Cooperating with everything I was asked from the courts and CPS neither party is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2023

In general, if you believe that false allegations have been made against you and you are being coerced into filing falsely against your accuser, it is important to communicate this to your attorney. They can help you navigate the legal process, defend your rights, and ensure that your side of the... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: Hello I'm looking for a lawyer who is able to go over my case. It's a restraining order case.
Robert Kane
Robert Kane
answered on May 17, 2023

You will need to contact attorneys. We can't call you first. Putting your contact information on a public website probably isn't a good idea.

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.