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California Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Are probationary orders only enforceable if the defendant is on probation?

"Orders under Penal Code section 1203.097(a)(2) are probationary orders, and the court has jurisdiction as long as the defendant is on probation". Otherwise the court does not have jurisdiction? therefore the order is only enforceable whilst the defendant is on probation? I'm not the... View More

Dan Moseley
Dan Moseley
answered on Nov 6, 2021

That's correct. However, some orders, such as Criminal Protective Restraining Orders can be independent of probation. They have a life, that is, a period of duration entirely their own as set by the court. Violating a CPRO is a separate offense, whether one is on probation or not.

2 Answers | Asked in Criminal Law, Constitutional Law and Domestic Violence for California on
Q: Definition of an unlawful arrest.

Search of the vehicle resulted in Several felonies.

Dan Moseley
Dan Moseley
answered on Nov 5, 2021

An arrest can be unlawful for many reasons. Everything depends on the facts and circumstances of each particular arrest. In the law, black and white answers are rare.

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1 Answer | Asked in Domestic Violence for California on
Q: boyfriend arrested after a fight we had court issued restraining order recently he went to jail for violation of dvco

I love him and I think it's crucial to have my support I want the best for this man the fight started over money which I found days later in my car he is not a threat and is there anything I can do to be able to get charges dropped please help

Dale S. Gribow
Dale S. Gribow
answered on Nov 3, 2021

much more info is needed.

this question should be presented to his lawyer who will have all the facts.

what you are asking is akin to asking a doctor if there is any way for your boyfriend with a medical condition to survive.............just because you have a doctor, doesn't...
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1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: It can get removed from prison records?

I have some cases from the courts and etc. because I really need help. and I need a deaf lawyer.

Dale S. Gribow
Dale S. Gribow
answered on Oct 29, 2021

IF YOU CAN'T AFFORD A LAWYER, REQUEST ONE AT THE ARRAIGNMENT......AND ASK THE JUDGE FOR ONE WHO SIGNS??? OR AN ASSISTANT WHO DOES SO.

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Do I need an attorney? I'm currently abused, assaulted by a person who has served prison Time for assaulting me

Im homeless. In 2018 I was assaulted by a man inside my tent and the police just happened to be outside my tent whilst I was inside being strangulated and punched in my face. The person who assaulted me was arrested literally seconds after he attacked me. He had been assaulting me on a regular... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 29, 2021

SINCE YOU ARE HOMELESS, I AM ASSUMING YOU CAN'T AFFORD A PRIVATE LAWYER. IF YOU WERE THE DEFENDANT, THE COURT WOULD APPOINT ONE FOR YOU.

MAYBE YOU CAN GO TO LEGAL AID AND REQUEST ASSISTANCE.

YOU CAN ALSO CONTACT THE DA'S OFFICE FOR ASSISTANCE (FOR VICTIMS OF DV)....
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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... View More

Joseph Abrams
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answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: I was assaulted by my significant other in my hotel room. I called 911& escaped.He lied. I was arrested for DV. Help?

My boyfriend was abusive & wouldn't leave my hotel room. I called 911 and ran to lock myself on the car. When he had spun & thrown me, he caught my broken tooth on his arm so it was bleeding. When police arrived at the room he lied. They came to the car and told me to get out... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 15, 2021

much more info is needed.

the police don't normally have 3 officers to take you down and normally do not shoot you up.

there is obviously much more to learn.

if you are being prosecuted, the court will appoint a public defender to represent you.

that person will...
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1 Answer | Asked in Domestic Violence for California on
Q: What should I do when my ex used my friend to tell me to sign papers stating I falsified a restraining order?

I was granted a restraining order from my ex (which we both went to court and he admitted). Now, a mutual friend is trying to make me sign papers saying I lied about it all because he wants custody of his daughter that he had with his ex wife.

The mutual friend said my ex and his current... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 11, 2021

much more info is needed.

i would suggest making an appointment with a lawyer in your area and explain all this to get options and provide all the info.

you can also go to the DA who is prosecuting him...i assume.

you know him better than we would and whether he would use...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: offender pleads guilty to abuse on our kid then cps gives mother sole physical legal custody then offender dose a 2

cps closed mothers cps case dismissed and reversed case father then did a 2year class w criminal judge father appears at mothers home committed dv on mother criminal judge dismissed dv even with evidence / witness then the judge was relocated to family court giving offender = custody rights... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 6, 2021

more info needed.

i would either with a lawyer or on my own contact the Presiding Judge and maybe your congressman and local authorities.

1 Answer | Asked in Domestic Violence, Criminal Law, Divorce and Civil Rights for California on
Q: I want to know what I need to do when I have been wrongfully convicted of domestic violence,& want it overturned/reverse

I have wife who has & is still lying saying that I've done horrible things to her, where when I have literally done not even one single thing to her at all & I feel all the way helpless with the despair of not be able to defend myself from such a terrible unthinkable & most... View More

Joseph Abrams
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answered on Oct 4, 2021

If you have been "wrongly convicted" I have to assume you had a trial or the opportunity to reach a plea deal. As such, you should ask your attorney in the case what your appeal options are, or otherwise consult with an experienced criminal appellate attorney.

- Law Office of...
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1 Answer | Asked in Personal Injury, Domestic Violence and Juvenile Law for California on
Q: I am 15 and somebody challenged me to a fight, will i get in trouble for participating?

We are both 15 and he challenged me to a fight this weekend, can i fight him legally? I don't want to get in trouble with police. Are there any steps I can take to assure we both dont get in trouble?

Dale S. Gribow
Dale S. Gribow
answered on Oct 1, 2021

IT IS NOT DOMESTIC VIOLENCE BUT IT IS BATTERY.......AS A MISDEMEANOR IF NO WEAPONS ARE INVOLVED AND A FELONY IF YOU DO SOMETHING LIKE THROW SOMETHING AT HIM.

YOUR BEST BET IS TO SAY.........NO, YOU WIN.

YOU ARE NOT LOOKING TO GET ARRESTED AND ANYWAY IT IS AN IMMATURE WAY OF SOLVING...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Lawyer charged me for court cost for her to separate as my lawyer but case ended 6 months ago??? Please help

Hired her 8-23-20 last day in court was in 10-06-20. When case finished, we hug and i thank her. Well 6 months later i started getting invoice for my case?? At first she just told me it was just a covid letter they sent to all of their clients. I inform her my case ended 6 months ago and i have... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 26, 2021

much more info is needed.

it sounds like the case is still alive if the lawyer is making a motion to be relieved as your attorney.......i assume that is what is happening and s/he is charging you to do that.

i would send a letter memorializing ALL the facts. if the facts warrant it,...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Does this law firm defend Native Americans in domestic abuse cases that results in a death
John Karas
John Karas
answered on Sep 25, 2021

It's not clear from your question who you are referring to as "this law firm" handling wrongful death cases allegedly arsing from domestic abuse and, if so, if you have been criminally charged with that offense. Your race or ethnicity is usually not relevant to whether an attorney... View More

2 Answers | Asked in Domestic Violence for California on
Q: I was served a restraining order by my ex in which she has several false allegations.

I am a volunteer EMT instructor at my local college. I went to the library to take notes on next weeks upcoming curriculum. My ex claims to have seen me. And called campus security claiming that I was stalking her. She claims that I followed her down the stairs and waited for her outside. When in... View More

John Karas
John Karas
answered on Sep 19, 2021

I don't see a question in your lengthy post but am assuming that you want to know what to do after being served with what's likely a Civil Harassment TRO (Temporary Restraining Order). TRO's can be filed ex-parte (with no notice to you) and are routinely granted by most judges.... View More

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1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: How do I get full custody of my child?

I am the biological mother and allowed someone who is not the biological father sign my child birth certificate. And I want them off

Dale S. Gribow
Dale S. Gribow
answered on Sep 3, 2021

I THINK THIS IS BETTER ASKED OF FAMILY LAW ATTORNEYS, NOT CRIMINAL.

IF HE AGREES TO TAKE HIS NAME OFF, MAKE AN APPT WITH A LOCAL LAWYER WHO HANDLES CASES LIKE THIS TO SEE WHAT HE WOULD CHARGE TO ADD TO THE CALENDAR AND PREPARE THE MOVING PAPERS TO ACHIEVE WHAT YOU WANT.

2 Answers | Asked in Bankruptcy, Constitutional Law, Domestic Violence and Real Estate Law for California on
Q: Does Civil Code Section 1708.7, Right to terminate lease due to Domestic violence, apply to commercial leases as well?

A tenant claiming civil code 1708.7 sent a notification requesting to terminate the current lease due to domestic violence. However, this is a commercial lease and not a residential one. And the tenant still has an unpaid balance pending. Is the tenant able to break the lease and not have to pay... View More

Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Aug 16, 2021

You would want an attorney to review your commercial lease documents and the letter the tenant sent you. I would suggest to start with searching for a real estate lawyer who specializes in forming and reviewing commercial lease agreements. I hope this helps.

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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: My husband financed his house before we were married, i have paid 100 my income for 5 yrs am i entitled to anything

I am domedtic violence victim by him. And hes had me removed via exparte order

Paramprit Bindra
Paramprit Bindra
answered on Aug 8, 2021

More information is needed to determine whether or not you have an interest in the house, other assets, spousal support, retirement, and child support (if applicable).

I recommend that you contact a family law attorney.

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1 Answer | Asked in Domestic Violence for California on
Q: How do I sue a non-revocable trust trustee for abuse & neglect of a disabled woman for 25 years in Riverside County Ca?
Dale S. Gribow
Dale S. Gribow
answered on Aug 1, 2021

more info needed.

write out a summary of what happened and what injuries the victim incurred.

was this ever reported?

then make a complimentary appointment with a personal injury lawyer in your area.

2 Answers | Asked in Domestic Violence for California on
Q: Looking for an attorney to represent my brother for a domestic violence. The police have asked him to turn himself in
Dale S. Gribow
Dale S. Gribow
answered on Jul 30, 2021

AT THE ARRAIGNMENT THE COURT WILL APPOINT THE PUBLIC DEFENDER FREE OF CHARGE IF HE CAN'T AFFORD A LAWYER.

IF HE CAN AFFORD ONE, SET UP A COMPLIMENTARY APPOINTMENT WITH A CRIMINAL LAWYER IN YOUR AREA.

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