Get free answers to your Domestic Violence legal questions from lawyers in your area.
I was just wondering if there is any time limit for this. The court apparently issued a new protective order (there was already a CPO in place) at my partners last court hearing where he accepted a deal. However it has almost been one month since that court date and I have yet to receive anything... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
Under California law, there is no specific statute of limitations on providing a copy of a protective order to either party. However, it is generally expected that the parties will receive a copy of the order as soon as possible after it has been issued.
In your case, if it has been almost... View More
Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?
answered on Mar 1, 2023
A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... View More
My foreign wife, married moved to this country last year and has conspired with her daughter over the past few months to make false allegations of domestic violence to the police and LA county. As a result, they were given temporary shelter and food. However, during the investigation, the police... View More
answered on Feb 28, 2023
It sounds like your issues are more family law.........unless you were arrested and are being prosecuted.
Then you would need to make an appointment with a criminal defense lawyer or request the court appoint a public defender for you ...at the arraignment.
Victims
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2023
If you are a victim of someone keeping a child away from a parent, there may be legal options available to you. Here are some steps you can take:
Document the situation: Keep a record of all interactions with the other person, including dates, times, and what was said. If possible, get... View More
There’s lots of info but i feel there are just targeting him for a lot of reasons mostly because of mistakes that were made and trying to justify them please help somebody I know if he has a private attorney it wouldn’t have gone so far my son deserves it he has been so screwed in the past and... View More
answered on Feb 14, 2023
The best advice I can give is to USE A PUBLIC DEFENDER.
The court will appoint a lawyer at the Arraignment.
Public Defenders know that particular courtroom better than any private lawyer.
They deal with that Judge every day.......unlike a private lawyer that may only appear... View More
my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... View More
answered on Feb 6, 2023
You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself.... View More
My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
Yes, as the protected party, you have the right to contest a restraining order in California. If you believe that the protective order is no longer necessary or that the conditions of the order are too restrictive, you can ask the court to modify or terminate the order.
To contest the... View More
My ex-husband lied about me to the courts and made accusations against me to cps (during a very heated divorce) saying i was using and selling drugs, that i was a prostitute, and that i literally abandoned my son. None of his accusations were proven true or were backed up by any creditable... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
I'm sorry to hear about your situation. It sounds very difficult and complicated. In order to regain custody of your son, you will likely need to work with an attorney who can help you navigate the legal system and advocate for your rights. Here are some steps you could take:
Hire an... View More
She was drunk and angry,yelling and threatening me.,My brother ask her to leave.,She wouldn't.,my brother is 70 years old
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023
It sounds like your brother is facing a misdemeanor charge of battery under California Penal Code 242, which is the intentional and unlawful use of force or violence against another person. The charge may have been filed because he kicked the girl you were dating out of the property.
If... View More
altered*
answered on Jan 19, 2023
Hire a lawyer in your area. If you try to DIY and make a mistake, the RO may be issued and then you would need to hire a lawyer to file an appeal on your behalf which would be far more expensive.
My family has been falsely accused of abusing our 94-year-old mom (she is bedridden and has moderate dementia). We believe that one of mom's caregivers raised the accusations because we were not happy with her work and let her go. But we don't know for sure.
Two LAPD officers came... View More
answered on Jan 17, 2023
you can call the police...however, i doubt if they would cooperate with you.
if case is closed, then it is closed.
if you have concerns look up local criminal lawyer on this site from LA
answered on Jan 12, 2023
MUCH MORE INFO IS NEEDED.
ARE YOU LOOKING FOR A CRIMINAL LAWYER FOR A DV ARREST? IF SO, THE COURT WILL APPOINT A LAWYER AT THE 1ST APPEARANCE, CALLED AN ARRAIGNMENT.
IF NOT, ARE YOU LOOKING FOR A LAWYER REGARDING THE EVICTION? (DIFFERENT TYPE OF LAWYER).
THE COURT DOES NOT... View More
I want to drop the domestic violence charges since I got unlawful detainer answer
answered on Jan 7, 2023
either you retain a lawyer to talk to the DA or talk to the Defendants's lawyer and let him/her walk you through it.
remember it is the People of the State of California who are the plaintiffs........not you.....................only the DA can drop charges at this stage.
I just want legal advice on how to evict him or make him pay half his share
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2023
There is no good/easy way to make him pay half. It is the Landlord that has a right to collet rent; you have a right to contribution, but it is not worth pursuing against someone who moved out. If you want to keep the place without your ex, you can talk to your landlord about changing the lease... View More
The APS worker then told everything to my abuser and told the abuser to record me, because I am making false accusations. But I didn't,, the APS worker refused to to help me make copies of the documents I needed to give her and yelled at me when I asked for someone who is trauma-informed,... View More
answered on Dec 31, 2022
MORE INFO IS NEEDED.
This doesn't sound like a run of the mill DV case.
This girlfriend sent the fraudulent DPOA document to my employer and interfered with my employment very badly. The day I learned I had lost my job due to my employer needed more information and repeatedly called the girlfriend who grunted in response and hung up. She has done a lot aof damage and... View More
answered on Jan 3, 2023
If your girlfriend forged your signature and created fraudulent documents that caused you injury, then crimes have been committed (identity theft, forgery). The whole issue will be proof. It will be important to gather any documents or evidence that you have to show what took place. There are a... View More
First I'll say that I know I need a lawyer, however, I have no way to swing it financially. The mother of three of my children recently filed a DV restraining order against me under the same case number as our custody order. I assembled a ~50 page response including a DV-120, DV-105, FL-150,... View More
answered on Dec 28, 2022
you really want to present this to a family law attorney.
most judges do not give you any slack for being late.
when they called the case you were not there...period.
NOW, you would have to retain and lawyer to try to set aside the ruling.
She removed very important documents from my DV RESTRAINING order & my request to modify existing custody and visitation order in place. I believe this is a federal crime done against me. I'm seriously tired of being bullied & picked on & not treated equally fair. I've been... View More
answered on Dec 29, 2022
more info is needed...
a criminal lawyer if it is a criminal restraining order, rather than a divorce R.O. and then Family Law Atty.
if you are going to try to sue someone, you need a civil litigator, and they would normally only take the case on an hourly.............not a... View More
Boyfriend charged dv felony - released to sober living yesterday after 40 days. I requested peaceful contact 3 times since 1st hearing, 11/21 (we had contact the week before). Not approved for my protection/safety due to severity of case, no end date yet, Judge okay w/ continued requests w/victim... View More
answered on Dec 22, 2022
Your BF obviously was represented by counsel, given he was charged with a felony and there were at least 3 hearings which you attended, most likely a PD (Public Defender).
Your only option, since you're not an attorney, is to have the PD file a formal motion seeking a sentence... View More
I had 2 bite marks scratches and 2 balled spot of hair missing defending myself .And our 3 month old baby given to an intoxicated father who was almost allowed to drive off until the grandma complained he was drunk. Given a breathalyzer failed it and instead of leaving the baby with the grandmother... View More
answered on Dec 22, 2022
i assume you are getting a divorce? If so ask for advice from that lawyer.
Whenever there is a DV call, the officers will arrest one party.
You can always sue anyone, but I would bet no lawyer would take it on a contingency.
That means you would have to pay a lawyer on an... View More
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.
