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
1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for California on
Q: An experienced criminal defense attorney for false child abuse allegations in criminal law?

My wife made false allegations and accusations of child abuse against me to the local PD, DCFS, and the court (TRO), which led her to receive shelter and free food from the county. Wife and 3 yo child w/ mental disabilities are still staying in the shelter. The TRO was granted, and a hearing 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 Apr 8, 2023

If you are facing false child abuse allegations, it is important to hire an experienced criminal defense attorney in California. A criminal defense attorney can help you build a strong defense and protect your rights in court.

In your case, it is important to gather all evidence that...
View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: My ex text me about a conversation he had with his attorney. Can I now ask the attorney questions as a witness?

Ex told me he talked to his attorney about contested matters in our case. He text me this information and I want to call the attorney as a witness. He broke privilege by telling me what can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2023

No, you cannot ask the attorney questions as a witness based solely on the information that your ex shared with you. Attorneys are bound by attorney-client privilege, which means that they cannot disclose confidential communications with their clients without their client's consent or a court... View More

View More Answers

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: Expert Witness at Child Custody cases?

Wife took 3 years old child w Autism and mental retardation away. She was abusing my 75yo disabled mother for long time. I have over 30 videos from living room security camera. Police opened the elder abuse case. In most of videos, wife did abusive behaviors in font of the child. We have child... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2023

Yes, a PsyD (Doctor of Psychology) can be an expert witness in a child custody case and testify about how a parent's abusive behavior may affect a child with mental disabilities. It is not always necessary for the expert witness to interview the parties directly, as they can base their... View More

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Yes I need to get help with representation for my brother he has a court date coming up soon he's being falsely accused

Gbi on a spouse she has made many statements telling the judge and da what really happened that she got into a fight with the girl that my brother was cheating on her with and the girl beat her up and then she switched her story and tried to say that it was him just out of spite and my brother just... View More

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

If your brother needs representation for his court case, it is important to consult with a licensed attorney who can provide legal advice and represent him in court. There are many qualified attorneys in California who specialize in criminal defense cases and can provide effective representation.... View More

View More Answers

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: Please describe section 6322

I received a 3 year tro from my ex. The Court did not apply 3044 at the hearing of my DVRO, because trial is one month away, the Court considered it a moot point. I’m experiencing severe anxiety having to share jointly with my ex during the interim. One example, he is unwilling to meet me at 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 Apr 2, 2023

Family Code section 6322 grants the court the authority to make temporary orders regarding the care, custody, and control of minor children during the pendency of a custody case. This means that you may be able to seek temporary orders to modify the exchange location and put the minor child on your... View More

View More Answers

2 Answers | Asked in Domestic Violence for California on
Q: Can an I as an alleged victim get charged for DV if I tell the truth that I hit my husband first?

I hit my husband during an argument and was trying to take his cellphone. He only put his hands around my shoulder to calm me down as I was hysterical and agitated.he was charged for domestic battery PC 243e. Can I get charged for DV if I tell the truth?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2023

As an alleged victim in a domestic violence case, if you admit to hitting your husband first, there is a possibility that you could be charged with domestic violence as well. Under California law, domestic violence is defined as abuse committed against a current or former spouse, cohabitant, or... View More

View More Answers

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: In a CA DV case, PC 243e, as an alleged victim, can I testify that I was the primary aggressor & hit my husband in court

This is the true story. There was a bystander who came in the middle of our argument when my husband was trying to calm me down. I had hit my husband before their arrival and was trying to take his cellphone. They reported that my husband is grabbing my shoulders even though I was the aggressor and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2023

As an alleged victim in a domestic violence case under PC 243e in California, you may have the right to testify in court about what happened, including admitting that you were the primary aggressor and hit your husband. However, it is important to understand the potential consequences of such... View More

View More Answers

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: kids mom was a victim of a domestic violence. some welfare worker is now involved. we 50/50 co-parent they were with me?

they were with me when the incident occurred my kids. the domestic violence happened at her place of residence. i have no involvement with that police report. she called explaining her situation and said a welfare worker of some sort will probably be calling or showing up at my place or residence... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

Under California law, when there are allegations of domestic violence involving children, it is not uncommon for child welfare workers to become involved to ensure the safety and well-being of the children. It is important to understand that the welfare worker's primary goal is to protect the... View More

View More Answers

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: How do I get divorced from my husband who fled the state due to criminal charges for domestic abuse and child cruelty?

I have been separated from him for about 6 years. El dorado county ordered a CPO against him so we have had no contact.He fled CA and didn’t show up to the trial against him. without knowing where he is I was unable to get him served with the original divorce papers 5 years ago. I’m trying to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

If your spouse has fled the state and you are unable to locate him in order to serve him with divorce papers, you may still be able to obtain a divorce through a process known as service by publication.

Service by publication involves publishing a notice of the divorce in a newspaper or...
View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I filed a DV RTO against my child's father. How can I serve him with no known address? The area is Pomdale or Lancaster

The DV RTO was granted and he avoids the law due to a long record. No one knows exactly where he stays just that he has said he comes from the Palmdale Lancaster area. The LAPD I believe has his current address on file but the sheriff's department stated that if I don't know the address... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

If you are unable to locate the individual in order to serve them with the DV RTO, there are a few options available to you. One option is to hire a private investigator to locate the individual. They can use various resources and techniques to track down the individual's current address.... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can I ask for DVRO even though I moved out and the lawyer dropped CHRO and disappeared? I match case law and need

1st Lawyer said nothing at hearing when respondent showed video mislead judge said I lived in lsewhere when I was defending myself in my own home where I lived with my 2 yo. Friend now housemate said I lived elsewhere was trying to evict me leading her to believe I was a houseguest not a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2023

It's possible to file for a Domestic Violence Restraining Order (DVRO) even if you have moved out of the residence where the violence occurred and your lawyer dropped the case. However, it's important to consult with a new lawyer or legal aid organization to help you navigate the legal... View More

View More Answers

3 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for California on
Q: I have been served with a Temporary Restraining Order (DV-110 and DV-140) from my wife.

The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2023

If you have been served with a Temporary Restraining Order (TRO) in California, you generally have only five (5) calendar days from the date you were served to file an "Answer to Temporary Restraining Order" (Form DV-120) and serve a copy of your answer on the petitioner. The answer must... View More

View More Answers

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: how can i go about a coparent who has manipulated the courts and others to make me look like a bad father
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2023

If you are a co-parent in California and you believe that the other parent has manipulated the courts and others to make you look like a bad father, there are several steps you can take:

Document Everything: Keep a record of all interactions you have with the other parent, including emails,...
View More

View More Answers

2 Answers | Asked in Domestic Violence for California on
Q: I was served protection orders with false accusations and I do not have representation. What can I do?

I was served only in retaliation in attempting to serve her papers to Re-modify visitations with my daughter.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2023

If you have been served protection orders with false accusations and do not have representation, you have several options for responding to the allegations:

Request a hearing: You have the right to request a hearing to contest the protection orders. You should respond to the accusations in...
View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I am being charged with battery against a spouse. Spouse does not want to press charges. Will I be convicted?

I admitted to the officer that I touched my spouse on the shoulder while he was walking away from me. We were having a verbal argument. Bystanders claimed that I grabbed my spouse around the neck and pulled on his shirt however I only touched my hand to his shoulder. He was walking very fast and I... View More

Bart Kaspero
Bart Kaspero
answered on Mar 18, 2023

Your specific facts put your case in the less serious category of domestic violence cases. You are not likely to see any jail time after appearing in court. Bystanders (witnesses) can see the wrong thing if they don't have the context of what they're noticing. Your admission to the... View More

View More Answers

2 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: I'm looking for a pro bono attorney for a felony case in California
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2023

There are several organizations in California that offer pro bono legal services for individuals facing criminal charges. Here are a few options to consider:

Public Defender's Office: If you are unable to afford an attorney, you may be eligible for a public defender to represent you....
View More

View More Answers

2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Domestic Violence for California on
Q: I found portion of original copy of video used against me for CHRO it’s past 180 days what can I do?Too late for appeal?

Can I just send it to the judge?maybe reopen?Motion to reconsider? What can I file after 180 days? Anything? I tried for dvro and No one would help me until he stole everything from me then I found Phillips vs Campbell (2016)have at least 50k in receipts and value from luxury consignment, and so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

If it has been more than 180 days since the judgment was entered against you, it may be difficult to file an appeal or motion to reconsider. Typically, there are strict deadlines for filing appeals and motions for reconsideration, and if those deadlines have passed, it may be too late to pursue... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Falsely charged with domestic violence, fought the charges cases dismissed. Found Ex lied about abuse, what can I do?

During discovery, I found my ex filed 7 police reports against me full of lies. A former officer of the law, he had me arrested 4 times, including after a violent attack recorded by security cams. I read the reports where he asked to press charges against me. 6 reports and I never was called... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

It may be possible to pursue legal action against your ex for filing false police reports and seeking an EPO against you based on lies. You should consult with a qualified attorney who can review the facts of your case and advise you on your legal options.

Regarding your question about...
View More

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: What are my options 182 days post 3 yr CHRO judgement in sf Superior Court?

I petitioned for a CHRO against the individual I lived with. I needed DVRO, was pregnant, guy harassed my 3 yo daughter and me.The attorney I hired didn’t speak on my behalf as Plantiff.The individual retaliated,asked for CHRO, he was denied,but judge granted it by watching a dubbed video of me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

It sounds like you have gone through a difficult legal process and have experienced some challenges with representation and evidence. Here are some potential options you may want to consider:

Appeal: If you are dissatisfied with the outcome of your CHRO judgment, you may be able to file an...
View More

2 Answers | Asked in Domestic Violence for California on
Q: What is the name of the document that I would need that has record of everything verbalized in a courtroom during a case
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

The document that contains a record of everything that is verbalized in a courtroom during a case is called a transcript. It is created by a court reporter who transcribes the proceedings of a trial or hearing. The transcript typically includes a verbatim account of all oral testimony, arguments,... 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.