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California Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Identity Theft for California on
Q: I found out my ex-husband is using his girlfriend to write letters in my name regarding our children.

My ex-husband is using his girlfriend to write letters in my name regarding our children. I have a protection order against my ex-husband. What can I do?

I only know because my ex-husband never logged out of my laptop and a notification came up from his email.

What do I do? I... View More

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

MORE INFO NEEDED

IF YOU HAVE A LAWYER POST THIS TO HIM/HER.

MAYBE A RESTRAINING ORDER AGAINST HER?

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I filed restraining order against my husband in CA. Judge made rulings against me - move out order. Is is legal?

I filed restraining order against husband (married 15 years in CA). I had copy of sheriff's call logs , medical record about injury and witness of incident. Judge made rulings against me (petitioner)- move out court order from family residence. There are no cross complains of case filed... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 18, 2020

This sounds CRAZY, where is this happening, TX? Unfortunately, the way the Judicial system works, one judge will rarely overturn the ruling of another Judge at the same level, you have to file an Appeal of these orders. Contact a Family Law attorney right away to get them started on this case.... View More

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I filed restraining order against my husband in CA. Judge made rulings against me - move out order. Is is legal?

I filed restraining order against husband (married 15 years in CA). I had copy of sheriff's call logs , medical record about injury and witness of incident. Judge ignored all evidences and made rulings against me (petitioner)- move out court order from family residence. There are no cross... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 17, 2020

If you are asking about a court case that is pending in California then you should re-post your question except change the location California even if you are currently in Plano, Texas.

The reason is that when the location is set to Texas, your question will most likely only be seen by...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I have a restraining order hearing here in Los Angeles for a former neighbor who is stalking me who cannot be located.

Other than personal service for a Los Angeles civil harassment restraining order hearing form CH-100, what other methods can I use to serve the stalker for the hearing like serve by publication, if the stalker cannot be located?

Maurice Mandel II
Maurice Mandel II
answered on Aug 12, 2020

If you are seeking the restraining order (vs the DA seeking it) this is a CIVIL matter. The methods of service of a summons are covered in the Cal. Code of Civil Procedure §§ 1010-1020. Suggest you look at the proof of service for a summons, it is a judicial council form and you can find it on... View More

2 Answers | Asked in Criminal Law, Sexual Harassment and Domestic Violence for California on
Q: Victim in sexual assault case, already filed police report & started investigation, should I get a lawyer?

Hello, I'm not sure if I need a lawyer. I'm the victim in a sexual assault case. I've already reported to the police & have a detective assigned to my case. I've also been connected to a victim advocate. I'm trying to make the most informed decisions possible regarding... View More

William John Light
William John Light
answered on Aug 8, 2020

If you aren't interested in pursuing a civil case, there is no need to consult with an attorney. You aren't a party to the criminal case. It is prosecuted on behalf of the State of California, not you.

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2 Answers | Asked in Estate Planning, Divorce and Domestic Violence for California on
Q: My husband has hidden our marital assets in a "place where you will never find them", a direct quote from him.

He has told me that I am having an affair, am planning to kill him and steal everything from him. I am innocent of these accusations. I need to leave him but cannot afford a lawyer. Our home is still in both our names. We have been married 20 years. What can I do? I am in California and am very... View More

Shawna Murray
Shawna Murray
answered on Aug 2, 2020

I am sorry you are going through this. It sounds like you are ready to file for divorce. Assuming this is the case after your divorce has been filed and is underway, you can begin the process of what is called Discovery. Through Discovery, each party has to disclose all of the information about all... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my daughter and I move to another state without letting my exhusband know?

Our divorce is finalized plus there is an active restraining order protecting me and my daughter from my exhusband. I was awarded sole physical and legal custody. He has not contacted or provided child support for over 2 years. Will other states honor this restraining order?

Shawna Murray
Shawna Murray
answered on Jul 31, 2020

Generally speaking, other states will honor the restraining order but each state varies on how to get the order registered in its system and so on. You should consult with an attorney in the state that you are considering relocating to, prior to leaving California.

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1 Answer | Asked in Domestic Violence for California on
Q: My daughter and the ex husband agreed to move to TX. After 2 nights they fought and it got very ugly physically abusive

He tried to kill her she called police has a report and its pending charges against him. They were in CA sharing custody and he filed a domestic abuse on her with no evidence just here say. Now he got restraining order and a court date in CA and came with a sheriff from TX and took the children... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 24, 2020

You need a family law attorney in California to handle this. I think Temecula is in San Diego County? Riverside? You need to take this to an attorney where the restraining order and court date are pending. The attorney will advise you the best way to proceed. Putting it on a public forum like... View More

2 Answers | Asked in Domestic Violence for California on
Q: How long does a sheriff have to serve a restraining order on someone in oregon?

i got a restraining order on my boyfriend but they cant find him how long is i good for before i have to refile? Is there a time limit after the judge signs it?

Manuel Alzamora Juarez
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answered on Jul 23, 2020

THE TIME FOR PERSONAL SERVICE SHOULD BE FIVE DAYS BEFORE YOU HAVE TO GO TO COURT. IF THE PARTY IS NOT SERVED BECAUSE OF HIS AVOIDANCE OF SERVICE, THEN YOU HAVE TO ASK THE COURT FOR MORE TIME TO SERVE HIM. THE COURT MOST LIKELY WILL GIVE YOU ANOTHER CHANCE. BEST OF LUCK.

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1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for California on
Q: How can I sue a nonprofit facility for MANY different reasons and what proof do I need

It's super unsafe for children I have proof it is supposed to help you but if I'm not excuse the term but Mexican then I am thrown to the side

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

much more info needed.

obviously evidence needed is different for each case.

however. if there are no injuries/damages most lawyers would; probably only want the case on an hourly and not contingency

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I have an issue i need help with

*Comments: *I have an issue i need help with ASAP.. Me and my husband got into it we were in oregon when this happened. He put hands on me because he didnt want me leaving to go to California with or without my 3 kids. He had me get in the car and he was driving wreckless and to prevent from... View More

Chris M. Bradford
Chris M. Bradford
answered on Jul 16, 2020

It sounds like you and your husband and children have lived in Oregon for over 6 months before you just recently moved to California. If that is correct, you need to ask this question again, but ask it as a divorce and child custody issue in Oregon. I am a California attorney. I cannot answer an... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Runway Law

I have a question about runway law and how the law treats minors who have ran away. What if they ran away because of abusive (or perceived abuse) and that's why they don't want to go home. What resources do they have in a situation like this

Chris M. Bradford
Chris M. Bradford
answered on Jul 16, 2020

Availability of resources for a minor who has run away is not really a legal question, but see below at the end of this response. In certain situations a minor can petition the court for what is called "emancipation" so he she can be free from parental control.

Here is a good...
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2 Answers | Asked in Civil Rights, Domestic Violence and Gov & Administrative Law for California on
Q: Any fanacial help avalible

My mother back in 2007 had an illegal surgery, illegal in the terms that in the paperwork it said that the doctor would do it, but instead a student did it, we fought it lost, and went bankrupt. She now lives with severe nerve damage to the point where she can't move or have anything touching... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2020

Not really clear what kind of fanacial help you want. You state the med mal took place 7 years ago, and you fought but lost, that is beyond the statute of limitations, unless extraordinary circumstances exist. Brother's promise to "help" is not enforceable as you describe it... View More

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2 Answers | Asked in Domestic Violence for California on
Q: I am 19 years old and i am planing on moving out. My parents are abusive both mentally and physically.

I’m moving in with a friend and her mom is on probation. Are there any possible repercussions that can happen for my friend or her mom? She’s on probation for a DUI. what i’m afraid is that my family will try to file a report against the family i’m moving in with. what can i do to prevent... View More

Dale S. Gribow
Dale S. Gribow
answered on Jul 6, 2020

more info needed.

however, you are an adult in the eyes of the law and can do what you want...as long as it is legal.

have you ever been convicted of anything illegal/violent?

for what is his mom on probation?

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford
answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... View More

1 Answer | Asked in Divorce, Employment Law, Family Law and Domestic Violence for California on
Q: How can i protect myself from my husband?

Hi,

I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... View More

Chris M. Bradford
Chris M. Bradford
answered on Jul 6, 2020

It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... View More

3 Answers | Asked in Consumer Law and Domestic Violence for California on
Q: what is the law on how to get someone removed from your house if they are not willing to leave. They do not pay rent

The do not have mail coming here. I want to end my relationship with them. I have served them with a 30 day eviction notice.. The house hold is unhealthy for me and my child.

Mirko Ivanovic
Mirko Ivanovic
answered on Jun 25, 2020

The eviction process in California is administered by the Superior Court of the State of California. A landlord must begin the eviction process and California law requires all persons residing in the property be served with a notice of eviction. Terminating a month to month tenancy can be... View More

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3 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can I pick up my daughter?

My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick... View More

Chris M. Bradford
Chris M. Bradford
answered on Jun 23, 2020

You can NOT pick her up IF the court order says you can't, but the problem is you don't know until you read it. So to read it, you need to see a copy. Ask your parents to send you an email with the order attached. Ask them for the name and phone of their lawyer and call the attorney... View More

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2 Answers | Asked in Domestic Violence for California on
Q: So I was arrested for domestic violence but my case was dismissed and thrown out

And my family member is telling me that I do not have my gun rights because of a federal law about domestic violence I was never told anything from anybody that I talk to when I was told that everything was dismissed and thrown out I was never told that my rights were taken away and I'm just... View More

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

more info needed.

the one who would have more info is your lawyer.

was as thrown out and not filed.

was it filed and a plea deal to dismiss?

was it thrown out after motions or trial?

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1 Answer | Asked in Domestic Violence for California on
Q: married 21 years judge ordered my divorce in 2002 my life was in danger my ex makes good money but i never got alimony

i been homeless for 18 years now i feel like giving up my ex always win

Chris M. Bradford
Chris M. Bradford
answered on Jun 19, 2020

First you MUST get a copy of the court order for the divorce. It is called the "Judgment." You can get this in the records department of the courthouse where the divorce was granted. The cost is 50 cents per page. You can also get the records for free, but you first have to fill out... View More

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