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California Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for California on
Q: Is it illegal to have a hearing for a restraining order without ever giving notice of .court or copy of petetion to resp

I was never notified of a hearing or served with any kind of temporary papers or request for a petition.

I was served notice after the hearing

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2022

Without reviewing the paperwork one cannot say for certain especially since the use of terms is important here. In many instances and under the right circumstances a temporary restraining order (TRO) can be issued without notice, however this is temporary until a hearing can be held (hence... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I accsisdently called 911 while my girlfriend and I were arguing they herd everything I’m charged with D V robbery

Possession of ammunition possession of meth resisting arrest and I called them on accsident I didn’t know iPhones call 911when u hold buttons down I need defence help

John Karas
John Karas
answered on Apr 7, 2022

You are facing significant jail time. Either hire a really good criminal defense attorney in your area or be content with a Public Defender being appointed (assuming you are income eligible) on your behalf.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I need to clear up a bench Warrent in south lake tahoe but I live in vegas

I have no public defender or attorney idk what to do

Dan Moseley
Dan Moseley
answered on Apr 6, 2022

Contact the court clerk to ask that your case be put on the court's calendar at the next available date. Unless you hire a private attorney, you will have to appear in court at that time, unless the court allows video appearances. Ask the clerk. With an active bench warrant, you are subject... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: Is it illegal to possess Meth without a prescription to use and sell?

Is it also illegal to threaten bodily harm to family? This user has been a methhead for decades including while they were in prison for a violent offense. They are discreet and meth leaves the body relatively quickly, how do you prove threats and use/intent to sell to a probationary officer?... View More

John Karas
John Karas
answered on Mar 24, 2022

Your question appears in the California section of Criminal Law and you should post again in the proper forum.

First, Meth is not a prescription medication. It's illegal to be in possession, under the influence, buy, sell or manufacture Meth in all 50 states. Selling and...
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1 Answer | Asked in Domestic Violence for California on
Q: How can i get a misdemeanor battery, domestic violence charge expunged?

I have recently been arrested for these charges but i have no criminal record, my wife did not want to press charges, I never hit her and I can't bear the thought of having these charges on my record.

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2022

if you are saying you were arrested/cited but no filing, then there is no case to expunge.

you probably have to contact a criminal lawyer to add to the calendar a motion to have the judge rule to seal???...

it is probably an uphill battle that will not be cheap.

1 Answer | Asked in Domestic Violence for California on
Q: What statistical disposition mean in a restraining order hearing
Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2022

it could mean the case has been decided.

you can call the business office of family court and and ask for updates

1 Answer | Asked in Domestic Violence for California on
Q: I was in a heated argument with my ex boyfriend someone called the police and he was arrested for 273.5(A) PC

He did not put hands on me I told the police I was in the car on the opposite side where he was outside and he threw a can at window and broke the window which I got a bump on head from it but nothing bad and he didn’t mean to hurt me he was trying to get his belongings cause I locked the car on... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 24, 2022

YES

He has $50,000 bail and both of you can explain all this to his Public defender or private atty… this will be an expensive lesson

1 Answer | Asked in Domestic Violence for California on
Q: If the person that has a restraining order against you passes away, does it become null?

I have been taking care of my mother for 10 years. She has been living with me the entire time and for the last few months she's been declining. I was yelling in my bedroom and I broke my TV, my neighbor called the police and they issued me a stay away order for 7 days. I told them she cannot... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 23, 2022

it sounds like you entered a plea? you must have had a public defender appointed to guide you...right? and you must have advised him/her of this situation? what did they say?

if your mom has passed and the order is to stay away from her, then there is no one you have to stay away from that...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: It says in my case doj disposition of arrest. What’s the meaning?

Can they do court date and warrant of arrest together? I had a felony case (assault) and now they gave me news about having a court date and warrant of arrest. The arraignment hadn’t happen yet. What’s the meaning of them doing court date and warrant of arrest?

Dale S. Gribow
Dale S. Gribow
answered on Feb 16, 2022

Normally when you are arrested/cited, you are given a court date.

Sometimes the DA takes awhile to file and it is filed as a Bench warrant AND you don’t receive notice…. Months or years later when you are stopped for speeding they run your record and put you in custody …...
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2 Answers | Asked in Civil Rights and Domestic Violence for California on
Q: What can happen to someone for spitting at someone else? Police didnt do anything but recommend a restraining order

My boyfriend and his dad were playing catch in the backyard when the ball hit a rear neighbors fence a few times. The Neighbor and his father became belligerent and started cursing over the fence, threatening to come over and break things. Rewind almost 3 years ago, a golf ball entered his yard,... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 14, 2022

more info is needed.

however, spitting is an assault and battery.

i had a call 2 weeks ago from a lady that went into the hardware store and refused to put her mask on and BLEW in the face of owner who was assisting she wear one, and she was arrested for Battery.

it is up to...
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1 Answer | Asked in Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My housemates are hostile and are demanding that I move out ASAP due to spreading Covid to them. What can I do ?

I thought I was in the clear after a week of no symptoms while away on vacation. When I returned home I did not mention I had been sick 10 days before. all 3 housemates tested + in a few days. Also, they refuse to pay shared bills (pge/water) which I have already paid in full. They claim it is... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 9, 2022

more info is needed.

is there a written contract among all of you spelling out terms? that will go a long way in answering your question.

how long have you all been together? was there an agreement on how long you would be together?......month to month or 1 year?

most people...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: What does this mean? the case Has Been Reviewed But Not Issued, . . . charges could be filed later. Is it dismissed?

I was arrested in San Diego for misdemeanor domestic assault last month. I showed up for court and they said No Records Were Found. I went up to the DA office and they gave me a paper that said The case Has Been Reviewed But Not Issued, If additional information is received, charges could be filed... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 2, 2022

more info is needed.

however, sounds like police presented the case to the DA and the DA has decided not to file it yet...unless further info comes in.

a case can only be dismissed if it is filed and then dismissed.........that is not your case.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley
answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Domestic Violence for California on
Q: If i filed a domestic violence report against my boyfriend & its at the DAs office, can I still have it dropped?
Dan Moseley
Dan Moseley
answered on Jan 11, 2022

It is possible, but unlikely, as once DV reports are taken by police and filed with the DA's office, prosecutions go forward even without the cooperation of the complaining party. Because a decision to prosecute depends of the facts of the case, you may want to discuss the matter in detail... View More

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1 Answer | Asked in Domestic Violence for California on
Q: Domestic violence. Am i required to report it if i know about it? Can i be sued if i don't?

My brother is in a violent relationship. He hits and threatens women. The battered women complain to me. Am i legally responsible to report it to the police. I own a business. Can i be sued if i don't report?

Dale S. Gribow
Dale S. Gribow
answered on Dec 31, 2021

MORE INFO IS NEEDED.

THE VICTIMS ARE USUALLY THE ONES THAT REPORT IT. HAVE THEY DONE SO?

HAVE YOU TALKED TO THEM ABOUT WHY NOT?

ANYONE CAN SUE ANYONE AT ANY TIME FOR ANY REASON. THAT DOESN'T MEAN THEY WILL WIN.

JUST KNOWING ABOUT IT AS A THIRD PARTY DOESN'T...
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2 Answers | Asked in Domestic Violence for California on
Q: Domestic violence. My brother hits his live-in girlfriend. Can I be sued if she is killed because i didn't report?

If the victim is badly hurt or killed and a lawsuit pursues, can i be sued because I knew about the incidents and didn't report them? Does this make me 'complicit'? I own a business. My brother has no money. Can the victim go after my money?

John Karas
John Karas
answered on Dec 30, 2021

Unlikely that you could be successfully sued if you didn't report the prior incidents of DV (Domestic Violence) committed by your brother.

However, if she suffers GBI (Great Bodily Injury) or dies as a result of what your brother does to her after the prior DV incidents, a clever...
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Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How to get domestic/civil restraining order dropped by two mandated reporters waited months to report the alleged abuse

Oct 15 2021 my sister and mother were in a physical confrontation where my mom suffered injury. This has occurred before(have pics) sister had none. She was asked to leave so they could calm down..instead she moved in next door with a neighbor/friend of 20 years.she had not been allowed to see... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 10, 2021

More info needed.

I suggest you type up a complete summary and consult with a local lawyer. This question deserves more attention than a quick answer.

You should have a lawyer put the matter on calendar if he thinks the facts warrant it.

1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

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