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California Domestic Violence Questions & Answers
3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can you mail the proof of service to a person to an address there not allowed to go to because of a restraining order?

All legal work that is supposed to be served by mail to me by the petitioner is sent to an address i cannot go to because of a restraining order. Is this legal to do? Everytime I go to court i am flying blind because I never get the paperwork. Can I ask for a continuance? Is it legal for the... View More

Maurice Mandel II
Maurice Mandel II
answered on Oct 5, 2020

A lot depends on the terms of the restraining order, which you apparently have against your spouse. Courts have an exception for the service by mail or electronically of legal documents, such as you are describing, because the person serving CANNOT be the party, it has to be someone else, like a... View More

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1 Answer | Asked in Car Accidents and Domestic Violence for California on
Q: I was just in a car accidentWith someone who has a restraining order against me what do I do
Dale S. Gribow
Dale S. Gribow
answered on Oct 3, 2020

IF YOU WERE INJURED SET UP AN APPT ON MONDAY WITH A PI LAWYER IN YOUR NEIGHBORHOOD AND POST THAT ISSUE TO HIM AFTER YOU EXPLAIN ALL THE FACTS.

IF YOU NEED DIRECTION I WILL GIVE YOU A FEW NAMES TO CHOOSE FROM...................................................

2 Answers | Asked in Domestic Violence for California on
Q: How can they charge someone with child cruelty if the child didn’t get hurt or even touched
Dale S. Gribow
Dale S. Gribow
answered on Oct 1, 2020

more info needed.

were you arrested? cited? court date?

a lawyer has to hear all the facts.

i encourage you to contact a criminal lawyer in your area with all the facts and avoid sharing on an open forum like this.

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2 Answers | Asked in Domestic Violence for California on
Q: Hello. I am in serious need for help concerning domestic violence by (former partner), who wants to evict me.

I am mobile home co-owner (Registration & Title). Is there any way including what he says is my not being on rental agreement (which I am), whereby he could accomplish this? Violence has escalated each time, until police came last weekend (9/19). My wrist is bruised and swollen due to his... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 21, 2020

More info needed.

make an appointment with a criminal/family law attorney in your city asap.

before going in write down a summary of all the facts.

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1 Answer | Asked in Domestic Violence, Child Custody and Child Support for California on
Q: We’re can I find pro bono attorney I all ready got restraining order but regardless courts allowing baby daddy rights

Although federal courts agree he’s a risk to our daughter but now I have to battle custody wen he’s a stranger to my daughter

Dale S. Gribow
Dale S. Gribow
answered on Sep 20, 2020

MORE INFO NEEDED

CONTACT LEGAL AID IN YOUR CITY.

I WOULD ENCOURAGE YOU TO WRITE OUT A DETAILED SUMMARY OF THE FACTS AS "FREE LAWYERS" DON'T ALWAYS HAVE A LOT OF TIME. BY WRITING THINGS OUT THE LAWYER DOESN'T HAVE TO PLAY SECRETARY.

I SUSPECT YOU MAY HAVE...
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1 Answer | Asked in Domestic Violence for California on
Q: Need a Pro bono attorney have domestic violence court the 25th father of my daughter Attacked me an took off w my kid he

Has prior history of child in danger meant he has third party ppl contacting me telling me not to go to court he is attempting to obtain custody or visits but it’s in the child’s best interest to cut all ties he’s never been in our daughters life until a year ago after he was released 2 years... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 19, 2020

more info need.

seek legal aid in your community...but talk to a lawyer and maybe police too.

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for California on
Q: Court-ordered marriage family therapist (family court) causing substantial psychological harm by committing

perjury in parent/child progress reports, failure to disclose conflict of interest, uses threats to control parent, minimizes reports of child abuse, using DV by proxy, and prolonging case for financial gain.

What are my options/rights to ensure MFT can no longer exploit future/current... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 19, 2020

more info needed.

seek a consultation with a family law attorney in your community.

2 Answers | Asked in Domestic Violence and Juvenile Law for California on
Q: What legal action can a 15 year old girl do with an ex boyfriend thats threatening her?

My friend says her ex boyfriend is stalking her and threatening to shoot her. I’m telling her to call the police but she doesn’t want to get her parents involved. Legally, what can she do?

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2020

MORE INFO NEEDED.

IN MY OPINION, YOU WERE RIGHT.......CALL THE POLICE AND DISCUSS WITH FAMILY.

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My boyfriend is going through trail for corporal punishment against me the d.a picked up after i drop it. Should i go

What would that say to the judge if i went not for him so much as to know whats really going on because he is lying about the whole thing

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2020

MUCH MUCH MUCH MORE INFO NEEDED.

I WOULD NOT DISCUSS ON AN OPEN FORUM LIKE THIS.

IF YOU ARE TALKING ABOUT DOMESTIC VIOLENCE, THEN THE DA WOULD BE PROTECTING YOUR RIGHT.

IF HOWEVER YOU DON'T WANT TO TESTIFY I SUGGEST YOU TALK TO A DEFENSE LAWYER FOR GUIDANCE. YOU...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Withdrawing my plea deal with the cruise waiver

I took a deal with the cruise waiver for felony child endangerment and I want to go back on my deal because the father and my child got his case dismissed and I feel like I am a battered woman he has been to prison for beating on me I have several videos and evidence of his abuse and I feel like... View More

John Karas
John Karas
answered on Sep 10, 2020

Talk with the attorney (perhaps a Public Defender) who represented you at the time you entered your plea to see if there are any circumstances under which you may qualify for your plea being withdrawn.

"Buyer's remorse" or believing your conviction was unfair due to the...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I need help getting a restraining order towards my kids father.

He falsely accused me of dv and for a restraining order to start papeework to take my kids. I have a police report with photos taken when he got arrested for corpal pushment

Dale S. Gribow
Dale S. Gribow
answered on Sep 8, 2020

more info needed.

i am not a family law attorney.

were you arrested for DV? if so you need to request a public defender if it is in criminal court.

i am assuming you can't afford a private lawyer and will have to contact legal aid or find a lawyer who will take it on pro bono

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for California on
Q: I need a renters rights attorney in placer co pro bono for daughter with BH problems

Her mother in law has locked her out of her home she is in the hospital

Dale S. Gribow
Dale S. Gribow
answered on Sep 3, 2020

I am a lawyer in the Palm Springs area and do not practice in that county...let alone that area of law.

there is no list I know of that lists pro bono lawyers.

I suggest you call the courthouse that the matter resides in, and ask the clerk about Legal Aid lawyers in that area....or...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: What is considered belongings, that I can take during a civil standby. There are criminal and civil prot. orders in pl.

The orders include no contact and stay away orders. I had judge reissue cpo to include for civil s.b. My wife wants me to come get my stuff, but theres more than i could possibly take in 15 min. She has filed a petition for divorce. All my tools are at the apt. I cant work without them. She has... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 31, 2020

You really need to hire a local Family Law attorney to assist you. You need to return to Court and get more Orders to clarify the existing orders, and to allow you to use the means of your livelihood during the proceeding

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Domestic Violence for California on
Q: I got an apartment on my own because there was a restraint order on my husband which the judge put on and since took off

I didn't tell the apt manager he moved in so she asked me if he was living there I said yes asked if we can just add him to the lease she said he has to qualify or he can't live with me well because of his mistmeanor on domestic violence is the main reason he can't stay well I need... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 31, 2020

i handle DUI and PI cases primarily.

this is not so much a DV case but a landlord-tenant case too.

set up an appt for a lawyer in your area for a consult..........some will offer a free consult. In that regard, consider writing down all the facts in great detail so you won't...
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2 Answers | Asked in Domestic Violence for California on
Q: Can you violate a restraining order before you're served?

I informed now ex's step mom of the granted restraining order. Within 10 minutes he called and left a voicemail essentially demanding I drop it. A few hours later, dearest step mommy sent another text trying to cover him by saying she'd let him know. Uh huh, sure. Anyway, he hadn't... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

The overall answer to your question is maybe. A person could commit an act that is a violation of a restraining order and independently chargeable as a crime (physical assault, harassment, trespass), so yes as to that. For your specific, no. If the restraining order has specific limitations on... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Should I keep trying to find a decent lawyer, or give up and represent myself?

I recently filed a restraining order against my now ex for domestic violence and our court date is coming quickly. I've been scouring for what feels like ages looking for representation and coming up short. I have footage from our security cameras of the recent abuse (cops took a clip of the... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

Try Riverside county too, there are a lot of good practitioners there. It is better if you have an attorney to speak for you, because you will be emotionally invested in the proceeding and may not make the best impression on the judge. The attorney will help you to organize the presentation so... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: If someone took your oxegen tanks that you need to breathe so that they can control a situation .is that a crime?
Maurice Mandel II
Maurice Mandel II
answered on Aug 29, 2020

Theft is the unlawful taking of the property of another with intent to deprive them of their property rights. Theft is a crime, and the police enforce the laws against theft. You should go to the police.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Domestic Violence for California on
Q: I was wondering how much compensation can I receive from intermittent emotional and physical sibling abuse?

My sister has intermittent outburst frequently (almost 3 times a week) during 2009- 2014 but now almost once a month. When she has these outburst she would hit, kick or scratch me (not too much but she did make me faint once by hitting my head on the bathroom wall) while screaming at me and calling... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 25, 2020

MUCH MORE INFO NEEDED

HAVE YOU DISCUSSED THIS WITH YOUR PARENTS?

DID YOU SEEK MEDICAL TREATMENT FOR THESE INJURIES?

YOU NEED TO MAKE AN APPOINTMENT WITH A LOCAL LAWYER WITH YOUR PARENTS.

IN THAT REGARD I WOULD ENCOURAGE YOU TO WRITE OUT ALL THE FACTS.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Hello I was granted a emergency leave the state custody order from California, I established residency for me and my 2

Kids this was happening during covid and I had advocates that was informing me they would step in due to a restraining order never did..I live in arizona and missed court dates I was not informed of now my ex who is a 15 year violent career criminal has 2 strikes and has 4 page felony rap sheet... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2020

MUCH MORE INFO NEEDED

YOU NEED TO CONSULT WITH A CRIMINAL LAWYER IN CALIF IF THAT IS WHERE THE CASE IS PENDING.

THERE WOULD BE A BENCH WARRANT OUT FOR YOUR ARREST IF YOU FAILED TO APPEAR.

DO NOT JUST SURRENDER YOURSELF WITHOUT USING A LAWYER.

BE CAREFUL DISCUSSING...
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2 Answers | Asked in Contracts and Domestic Violence for California on
Q: My Tennants are having a domestic issue-the lease isn’t up until December. They can’t live together - how do I deciDe

They are both women - the woman who is more responsible & pays rent left because she feels unsafe- she tried to get a restraining order but failed. Each of them tell me they want the apartment - only one can afford it ( they are also not speaking to each other) the one who can afford the rent... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 23, 2020

Tough situation, but you need to remember, that you are a LL and not a relationship counselor. Perhaps you need to evict both of them and if the reliable one wants to re-rent from you, she can do so on a new lease.

Justia disclaimers below, incorporated herein.

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