Get free answers to your Domestic Violence legal questions from lawyers in your area.
I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom... View More 
answered on Jun 18, 2020
What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has... View More
She got order a few months ago, I left. Then covid came. She got worried and let me stay with her and my son, today she got upset and threw me out. There has been no abuse and not sure if cops were called
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answered on Jun 14, 2020
Get out right away. You could eventually end up in jail for violating the restraining order.
Question
I’m from Brasil, I got married at 18 from tourist visa and got citizenship, now at 25 I want to leave my husband and he threats
Hi, I got married very young when I was 18, I met someone online when I was 17 and he led me to come to USA and get married because we were in... View More
answered on Jun 13, 2020
Hi, your citizenship cannot be taken away for leaving an abusive situation. Do not be afraid to contact the police.
VAWA protects women who are abused (verbally, physically, emotionally, economically) by US citizen spouse. so even if you didn’t have papers, you can still leave and self... View More
I hired someone to serve her and we have a court date at the end of June in California. Does she have to show up physically to court or would she be able to call in?
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answered on Jun 3, 2020
I BELIEVE SHE CAN CALL IN BUT SHE HAS TO CONTACT THE COURT'S CLERK TO MAKE ARRANGEMENTS.
answered on May 28, 2020
more info needed.
i am not a family lawyer and you should not be discussing sensitive info like this on an open forum.
i assume the court was concerned for the safety of the kids but I don't have the info.
you need to consult with a lawyer in your community to get... View More
I have a question there was an altercation between me and my dad gf, my dad was in between us, in the process she grab, My neck with both her hands, and in self defense I push her, my dad continue to hold her and fell down and broke her pinky finger, it’s been about two months, and she’s been... View More
answered on May 27, 2020
much more info needed.
you probably should not be discussing this on an open forum.
you need to make an appt with a lawyer if you can afford one.
in that regard, I would encourage you to write out a detailed summary of the facts so that the lawyer does not have to play... View More
kids from me, when in fact he has corprl punishment . Him and his family are trying to take my kids.
answered on May 20, 2020
a lot more info is needed.
The first thing you should do is make an appointment with a lawyer in your area who handles this area of law.
My wife has a mental illness. She became aggravated and tried to kill my eldest child, an adult. I prevented the murder. She inadvertently hurt her minor child as well. Do I need to report the attempt?
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answered on May 17, 2020
Y
My ex is in custody right now after being charged for an attempted murder and a violation of restraining order. I also reported him for domestic violence after being pushed by a detective.
Prelim is happening in July and I was just wondering if I would be in trouble if I talked to his ex... View More
answered on May 9, 2020
i would want more info before i answered that......
the fear is that the police/DA would think you are trying to tamper with a wit.
I’m in the middle of divorce due to domestic violence. Spouse has been served divorce papers & civil & criminal restraining orders. Last month, I filed my taxes as Head of Household & claimed my 4 kids. Also last month, he tried to steal my identity in order to attempt to reroute my... View More
answered on May 8, 2020
more info needed.
i am not sure what you think was improper.
if a lawyer does anything wrong, the Calif state bar oversees and you can contact them.
i suspect the PD is just trying to do what is in the best interest of his/her client, while still following the law.
He did it under the influence of alcohol we are currently separated because a protection slip.
answered on May 2, 2020
more info needed.
this is a question better asked of an immigration lawyer not a criminal lawyer.
i doubt if the California criminal court would deport but the facts would be controlling.
I filed for a restraining order to be dropped today. Two days ago the defendant was arrested for violating the order during a child exchange because the exchange took place out-of town and I invited him to have lunch with us in a secluded area (due to Covid) before he headed back home. His court... View More
answered on Apr 30, 2020
more info needed.
but, yes there is a chance with an experiences lawyer who could talk to DA or opposing counsel
My ex has 2 prior felonies and in march had been charged w domestic violence against me when i had to go to the ER he was never arrested because he didnt get caught (this was riverside county) then last week he got arrested for domestic violence and gun possesion ( san bernadino county) he is... View More
answered on Apr 29, 2020
more info needed.
i don't think it makes a difference what county, let alone what state.
My case has been on going since last year July 2019,I’ve done everything the court has asked for me and my children .Now because of the COVID 19 crises there pushing back my court date until February of next year 2021 .Are they allowed to do this .This has caused me to lose my job and them... View More
answered on Apr 18, 2020
more info needed.
i assume you have a private lawyer or court appointed. Ask that lawyer who has all the facts.
courts have authorized this exception to statute rules.
in Indio our courts reopen May 1........ask your lawyer to put the matter on calendar for may or June to address this.
My mom got her papers because he paid someone to marry her. And my dad has been abusing my mom for years and has been threatening us to get us deported because of how we got our papers. What will happen if my dad tell the police or the immigration how we got our papers? Can we still file a domestic... View More
answered on Apr 15, 2020
more info needed.
i do not practice in this arena, but as far as DV you should be able to complain.
as to the immigration issues I would want to talk to a specialist.........though one never know if/when ICE will get involved.
He had court on 3/27 Got sentenced to 180 days. They credited him 34 days for the week he was in there. Online it says a misdemeanor & released August 27th. Will he do the whole time or only half? Also if he is working in there is his days doubled? It’s been a total of 26 days he’s been in... View More
answered on Apr 14, 2020
more info needed
The authority for “half-time” credits lies in Penal Code section 4019. Under Penal Code section 4019, “It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent... View More
I live in California, in apartments owned by the Irvine company. I have a guest that had over stayed there welcome and refuses to leave my apartment when asked over and over to do so. This individual is not on the lease, no keys, and has never paid rent not even a penny. All transactions I have are... View More
answered on Apr 12, 2020
The first thing I would do is write down in a letter in detail the story behind how she ended up in your home, the steps you have taken to ask her to leave, her threatened allegations, and your desire to have her leave. Make a copy of the letter and both give it to her and send it to her by... View More
How if at all is housing, financial, and employment effected by a renewal? What are the requirements for succeeding in obtaining a renewal?
answered on Apr 9, 2020
potential inability to possess firearms, restricted freedom to go certain places, ease of being arrested on a simple referral to law enforcement, potential employment problems if required to access certain federal, state, county facilities. However, the requirement to obtain a renewal is minimal.... View More
No jail time served. Pleaded guilty, had a fine and short probation. All this was around 20 years ago.
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answered on Mar 27, 2020
No. Federal ban is lifetime so it overrides California law.
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