Get free answers to your Domestic Violence legal questions from lawyers in your area.
person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 19, 2024
Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide... View More
a fam law matter governed by the same as per rules of court local and otherwise on multiple cited counts. What is the means to have matter heard under the correct department or atleast have the argument heard as to why it should be governed under said dept. for instance dvro violation handled as... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
In California, when dealing with a legal matter that seems misaligned with its intended department—like a domestic violence restraining order (DVRO) violation being handled as a misdemeanor criminal case—the correct procedure involves addressing this discrepancy during court proceedings.... View More
My husband filed an Elder Abuse Restraining Order against me in Oregon.Since then,he has engaged in a pattern of harassment with the apparent intention of provoking a reaction from me.This harassment includes:
· Evicting me from our shared home
· Leaving the house in a deplorable... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 18, 2024
Your husband's actions may constitute harassment and potential violations of the Elder Abuse Restraining Order (RO) in California. While he obtained the RO against you, his subsequent behavior, such as evicting you from your home, denying access to your personal property, and demanding money... View More
Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 1, 2024
I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:
1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these... View More
i akso have a witness that can testify there was no physical contact.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 29, 2024
Here's a concise response to your situation:
1. Gather evidence:
- Get a written statement from the victim admitting she lied
- Obtain a statement from your witness
- Collect any other evidence supporting your innocence
2. Hire an attorney:
- A... View More
We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 29, 2024
I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:
1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.
2. Do not respond:... View More
This psycho managed to get an order after hearing against me granted by default when I wasnt given notice, at first I didnt care, but now he keeps popping up at places I frequent and appears armed. I think he used the RO to fake a valid need to protect himself which may have helped him get a ccw... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 26, 2024
I understand this is a very serious and concerning situation. Here are some steps I would recommend:
1. Document everything. Keep a detailed log of any encounters, including dates, times, locations, and what occurred. Save any messages or communications.
2. Avoid contact. Do not... View More
Auras are not seizures but has been included in the letter which was attached. I can work through them. I have letters of character, w2's, pictures, Not correct. There is a lot of false accusations. I have a restraining order hearing next week along with the following week custody hearing.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 18, 2024
I'm so sorry you're going through this difficult situation with the restraining order and false accusations. Being separated from your child must be incredibly painful.
First, when responding to the FL-300 form and the allegations against you, it's important to stick to the... View More
25,000 not 2,500
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 18, 2024
Skipping bail is a serious offense that can lead to additional criminal charges and penalties.
Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your... View More
The order was made January of last year and visits started in August I believe and they’re with a facility that does not employ either of the licensed workers the judge ordered. Do I need to continue visits or wait till he finds the right supervisor
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 17, 2024
In this situation, it's important to follow the specific terms of the restraining order and custody arrangement. If the court order explicitly states that the supervised visits must be with an LMFT (Licensed Marriage and Family Therapist) or LCSW (Licensed Clinical Social Worker), and the... View More
I have a verbally abusive 30 year old cousin who yells at my mom and threatens to call the pound on my dog just because he is living outside, (he is licensed, I just lost the tag and can't come in due to my grandma's allergies). Anyways, I recorded him yelling at my mom calling her names... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 15, 2024
I would strongly advise against secretly recording your cousin, as this could potentially be illegal under California law. California is a "two-party consent" state when it comes to recording conversations. This means that it is a crime to record a private conversation without the consent... View More
My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More
![John Michael Frick John Michael Frick](http://justatic.com/profile-images/320846-1661293018-sl.jpeg)
answered on Jun 14, 2024
Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More
Should declarations of incidents be very thorough? How should a declaration look?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 13, 2024
In California, a restraining order (also known as a protective order) can be filed to protect a person from abuse, harassment, stalking, or threats. When filing for a restraining order, it's important to include a detailed declaration of the incidents that led to the request for protection.... View More
my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 12, 2024
In this situation, there are a few important legal considerations:
1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their... View More
Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 10, 2024
Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:
1. Federal law (the Lautenberg Amendment) prohibits... View More
Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 10, 2024
I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:
1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates.... View More
You
I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 9, 2024
I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious... View More
Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 8, 2024
I understand this is a difficult and frustrating situation. A few key points based on California law:
Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate... View More
She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 8, 2024
I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:
Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,... View More
Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 1, 2024
It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More
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