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California Domestic Violence Questions & Answers
3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I'm staying at a hotel and I was attacked House keeping allowed this man to come in after I clearly said not to.

House keeping opened the door for him even after I said not to.

He was yelling and hitting the door.

His name is not even registered as a guest here.

James Clifton
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James Clifton
answered on Oct 16, 2024

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

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1 Answer | Asked in Domestic Violence and Small Claims for California on
Q: I want to know if i can do something about my ex that I suffered from domestic violence owning me 4000
James L. Arrasmith
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answered on Oct 16, 2024

I'm really sorry to hear about what you've been through. You have the right to seek justice and address the financial aspect of your situation. In San Lorenzo, you can file a small claims case to recover the $4,000 your ex owes you. This process is designed to be accessible without... View More

1 Answer | Asked in Domestic Violence for California on
Q: For NEW DVROs, Are past GRANTED TROs by a judge that show past acts and patterns of behavior admissible as evidence?

Fc-6320 DVPA (c) states “disturbing the peace of the other party” is conduct based on the TOTALITY OF CIRCUMSTANCES destroys the mental or emotional calm of the other party.

COERCIVE CONTROL, which is a pattern of behavior that in purpose or effect unreasonably interferes with a... View More

James L. Arrasmith
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answered on Oct 14, 2024

Yes, past granted TROs can be used in your new DVRO case. These previous orders help demonstrate a history of behavior that may support your current request for protection. By showing a pattern of actions that disturbed your peace or interfered with your personal liberty, the court can better... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for California on
Q: Can an attorney help sue a police department for wrongful removal of a child and wrongful arrest?
James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're facing this situation. It's important to understand your rights and the steps you can take to address wrongful actions against you and your child.

First, document everything related to the removal and arrest. Keep records of all interactions, notices,...
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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: I'm need a civil attorney that can help me sue police for wrongful arrest and wrongful removal of my baby. Charges dismi

Please consider me because my case is big and will be worth helping.

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're experiencing this. Finding the right legal support is crucial for your situation.

Start by contacting your local bar association, which can provide referrals to attorneys experienced in civil rights and wrongful arrest cases. Make sure to gather all...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: What are my & my kids rights if we are granted an EPO & the father violates it abducts them & cps detains them from him

I fired two idp attorneys for misrepresentation and misinformation, not willing to accept documents or subpoena witnesses. I have no legal representation and the hearings have drug outliner than suppose to. The kids were detained June 29th the jurisdictional hearing is December 3rd. My first idp... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this. As a parent and victim of domestic violence, you have the right to seek protection and ensure the safety of your children. The Emergency Protective Order (EPO) is designed to keep you and your kids safe, and violating it by the father is a... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I get a restraining order sealed in california
James L. Arrasmith
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answered on Oct 8, 2024

In California, obtaining a restraining order is an important step to ensure your safety. However, by default, restraining orders are part of the public record, which means they can be accessed by anyone. This transparency is intended to provide public safety and awareness.

There are limited...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How to get a criminal protection order dismissed penal code 136.2

The DA filed it on my behalf after my boyfriend broke my cell phone durning a 911 call he was having mental health issues

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How to have criminal protection order penal code 136.2 dismissed filled by DA on my behalf on 09-30-24

It's against my boyfriend he had a mental health breakdown broke my phone while calling 911 to get him help than made crazy comments about killing himself he was only in danger of hurting himself

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're going through this difficult situation. To have the criminal protection order dismissed, you should first consult with a legal professional who can guide you through the process. They can help you understand the specific reasons the DA filed the order and assess the best... View More

Q: How to ask court permission to record trials

How to ask judge if I or court reporter can record audio instead of written transcripts?

James L. Arrasmith
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answered on Oct 5, 2024

To seek permission to record a trial, start by reviewing the specific rules and procedures of the Fontana, CA court. Each court may have different requirements, so understanding local guidelines is essential. Prepare a formal written request or motion addressed to the judge overseeing your case.... View More

1 Answer | Asked in Domestic Violence for California on
Q: can i argue self defense even if no one was around to see it and i left a mark while they didnt

we were arguing in the living room when she lunged at me to take my phone and swung and hit me in the head 2 times to take it from me (she bought it for me thats why she was trying to take it) so to prevent her from hurting me i was pushing, punching and scratching to get her off of me. by... View More

James L. Arrasmith
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answered on Sep 30, 2024

Yes, you can argue self-defense even if no one else was around to witness the incident. In California, self-defense is a valid defense as long as you reasonably believed you were in immediate danger of being harmed and your response was proportional to that threat. The fact that you left a mark... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: if the lawyer mislead the judge in the courts and I proved their was a misunderstanding but the judge disregards

I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it

James L. Arrasmith
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answered on Sep 29, 2024

It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More

1 Answer | Asked in Personal Injury, Domestic Violence, Landlord - Tenant and Libel & Slander for California on
Q: I live in California w boyfriend in his trailer for about 5 months now. What kind of rights do I have as a resident.

He has been verbally abusive and has threatened to kick me out. He had a woman hit me for some made up story he made up to have her hurt me..he is manipulative and has caused much pain and suffering. He kicks me out then allows me to come back only to kick me out again. I want to know from a legal... View More

James L. Arrasmith
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answered on Sep 29, 2024

In California, even if you’ve lived in your boyfriend’s trailer for only a few months, you may have tenant rights under the law. Since you’ve been residing there for about five months, you could be considered a tenant, which means he cannot simply kick you out without going through proper... View More

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slaver

I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slavery in constant fear. I don't know what to do. I have a temporary green card. because of my temporary green card he thinks that I am not a person and he can do whatever he... View More

James L. Arrasmith
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answered on Sep 27, 2024

I'm so sorry to hear about your situation. You deserve to feel safe and live free from fear, and there are options available to help you. In California, you can file for divorce even if you have limited financial resources, and domestic violence is a serious concern that the court will take... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My motion to vacate DVRO was dismissed With Prejudice. However, NEW EVIDENCE shed light. How to re-file ?

Motion to vacate DVRO was dismissed With Prejudice and I am assuming it was due to me not appearing, but I tried to connect through Courtcall as I was approved for it and I wasn't successful. Courtcall didn't have my name listed and they said I have to pay $72 which I wasn't told... View More

James L. Arrasmith
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answered on Sep 20, 2024

You may still have options to challenge the DVRO despite the dismissal with prejudice. Since you now have new evidence that wasn't available at the time, you can file a motion for reconsideration under California Code of Civil Procedure section 1008. In this motion, you will need to explain... View More

1 Answer | Asked in Domestic Violence for California on
Q: for a domestic violence charge after 48 hours with absolutely zero paperwork and given no court date information. Why?

The the accuser had no marks or injuries. I did have injuries and cuts that were documented and photographed by the arresting officers. I received medical treatment while in jail for 48 hours. The accuser did not file any charges against me. The arresting officer said our stories matched up... View More

James L. Arrasmith
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answered on Sep 19, 2024

It sounds like you’re going through a difficult and confusing situation. Even though both you and the accuser admitted to hitting each other, it’s possible that the police decided to arrest based on who made the call first, which often influences their decision in domestic violence cases.... View More

1 Answer | Asked in Domestic Violence for California on
Q: Is it legal for people convicted of misdemeanor domestic violence to own a black powder replica of a 1898 pistol?

Question applies to exact replicas of black powder pistols produced in 1898 or earlier, and do not use modern cartridge ammunition.

James L. Arrasmith
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answered on Sep 19, 2024

Under both federal and California law, people convicted of misdemeanor domestic violence are prohibited from owning or possessing firearms. This includes black powder firearms that are classified as "firearms" under California law. While federal law may not always consider antique... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: How can I get my vehicle back that my ex has and there is a restraining order and he's violating the criminal protection
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answered on Sep 18, 2024

To get your vehicle back when there's a restraining order in place, start by contacting law enforcement. Since your ex is violating a criminal protection order, it’s important to report the violation, especially if they’re withholding your vehicle. Document everything related to the... View More

1 Answer | Asked in Domestic Violence for California on
Q: Wife started attacking me punching me blocking me from leaving. And now she is claming that I have choked her to police

I didn't choke her and she had my 13 year old son say that I did choke here I only put my hands out to move her as well as to block the swings from hitting me she took my keys and got them out of her hands and running to door to leave slamming the door crushing me the door Jam and door ...I... View More

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answered on Sep 11, 2024

It's important to remain calm and take steps to protect yourself legally. Start by gathering all evidence that supports your side of the story, including the 13-second video showing her charging at you. This video can be crucial in demonstrating that you were acting in self-defense and not... View More

1 Answer | Asked in Domestic Violence for California on
Q: I am the victim and want to know How do I go about modifying a criminal protective order in Marin county California?
James L. Arrasmith
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answered on Sep 11, 2024

To modify a criminal protective order in Marin County, California, you will need to go to the court that issued the original order. Start by contacting the court clerk’s office to find out the specific forms you need to fill out and the process to follow. You may need to complete a “Request for... View More

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