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California Domestic Violence Questions & Answers
3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file... View More

Mike Darlington
Mike Darlington
answered on Feb 4, 2020

Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... View More

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1 Answer | Asked in Estate Planning, Civil Rights, Collections and Domestic Violence for California on
Q: We had listed on the form when we fill out that fees be paid by the respondent. The attorney was hired after and we told

We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2020

more info needed.

your missive is confusing.

the person to ask re the other side paying your legal fees would be your lawyer who has all of the info in front of him/her.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My ex has restraining order and now asking for child custody. 1. I didn't make many police report but

My ex has restraining order and now asking for child custody.

1. I didn't make many police report but he has been physically abusive / verbally and emotionally

2. he's not a permanent resident

3. he works for cash and if he does get the daughter I am afraid he... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2020

more info needed.

i should be on DUI and PI

you would explain these concerns to the court with the info you have.

most courts have attorneys, paralegals or clerks available to answer questions.

go to the courthouse involved and inquire,

maybe google legal aid

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: attorney fee paid by the respondent ?

We got our restraining order and judge granted and on the form we had asked that attorney fee paid by the other respondent.

How could we get the respondent pay the attorney fees? we had a trial and now we have to pay for extra fee.

Mike Darlington
Mike Darlington
answered on Jan 26, 2020

Actually, the statutes that provide for restraining orders (civil harassment and domestic violence) provide a provision for the payment of attorneys fees. From your question it does not appear this is a contract action which the prior answer deals with.

If properly plead the court can...
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1 Answer | Asked in Domestic Violence for California on
Q: No probation for DV. I didn’t get injured at all. I haven’t seen the video yet. They won’t show me.

I told the police what had happened we were arguing and when I was shoved something broke and my mom thought we were fighting. My boyfriend wanted the keys to leave the scene so we went outside as we were outside we continued to argue and that’s when I believe a neighbor got us arguing on tape n... View More

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

more info needed.

you need to talk to a criminal lawyer that handles that county and knows the DA's and Judges there.

almost all family members who are victims modify their story to favor the accused and to protect him/her from prosecution and or explain they don't want...
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1 Answer | Asked in Domestic Violence for California on
Q: My mom called the police on me and my boyfriend for arguing and she has a video of us arguing and he pushes me once.

He went to jail for one night I bailed him out that morning he got charged for domestic violence . It is his first offense but he is on informal probation right now. Will he be serving serious time? Or is there a chance the judge will recommend formal probation for longer time and anger management... View More

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

more info needed. the answer will be controlled by the facts? the bottom line is to hire a lawyer asap and don't discuss this on an open forum where anyone can later read it.

is he on probation for DV?

were you injured in either incident?

what does the video show?...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My bf and my roommate fought on the freeway and I want to know the worst-case-scenario outcome for my bf.

I was not there. Bf drove my car. He and roomy argued. Roomy demanded to be let out, middle lane, many cars, going fast - request not yet possible. Roomy put car in park and turned off ignition, and doesn't let bf put it back on; bf flails and does what he can to try. Roomy pins bf's arms... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 15, 2020

more info needed.

the case will be fact based..........what can they prove?

it sounds like self defense up until there was a cease fire and your boyfriend reinitiated the fight.

contact a criminal lawyer and write down the facts as they are fresh in his mind now but may not...
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1 Answer | Asked in Domestic Violence for California on
Q: I have an restraining order on my husband he was ordered to move out of our house can he turn off my pge

we are going thru a divorce also

Dale S. Gribow
Dale S. Gribow
answered on Jan 13, 2020

more info needed.

you are asking if he can shut off your gas? whose name is it in? if his transfer to your name.

bring this to the attention of your family law attorney as I do not do divorces.

1 Answer | Asked in Domestic Violence and Legal Malpractice for California on
Q: Lawyer is not helping me retrieve my confiscated items from the case he was hired to work, what do I do?

I had a bunch of personal items (cellphones, passport, tablet) confiscated and held in police lockup when I got arrested back in July 2019.

The case is now long over, I've been out for 3 months and even though I was told by the judge that I can get my items back my lawyer has not... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 9, 2020

more info needed.

did you hire this lawyer or was he court-appointed?

either way s/he should be more client-friendly.

if you feel the lawyer is doing something wrong and you don't want to spend the money on another lawyer to assist you, one alternative is to call the state bar.

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Ciliv right was taken out of my town for safety then left in another town with no shelter and homeleds
Dale S. Gribow
Dale S. Gribow
answered on Jan 6, 2020

more info needed.

i didn't understand the question

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California on
Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and... View More

Mike Darlington
Mike Darlington
answered on Jan 6, 2020

I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: A CA court ordered supervised visits for non-custodial parent due to abuse of the other parent.....

Non-custodial parent had 3 visits then stopped showing up hence the supervising agency terminated services. Almost a decade has passed. Non-custodial parent was incarcerated for federal crime for 6 of those years and is attempting visits 3 years AFTER release from custody. Custodial parent has to... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 5, 2020

MORE INFO NEEDED.

YOU SHOULD PRESENT THIS QUERY TO THE LAWYER WHO REPRESENTED YOU ON THIS MATTER.

S/HE KNOWS ALL THE FACTS AND CAN BEST ADVISE YOU.

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Q: My roommate is threatening to file sexual assault on me (I am female) but I have never assaulted her. What do I do?

Over the past 8 months, my boyfriend and I have shared an apartment with another couple. As the months went on, they began damaging the apartment and throwing loud parties without our consents (which we had previously agreed to). The incident started when I woke up at 3 am on December 29, 2019 and... View More

Manuel Alzamora Juarez
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answered on Jan 2, 2020

When they serve you with the harassment papers, do not fall sleep. Hire a lawyer immediately to defend you. If you do not have legal help, you may end up losing your place and a restraining order may be issued on top of that. Act Now. Best of luck!!!

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1 Answer | Asked in Domestic Violence for California on
Q: hello can my friend get or for domestic violence?

he kicked his ex girlfriend who wouldnt leave his house and he is in jail

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 20, 2019

Please clarify what your question is as I'm not understanding. Basically if your friend assaulted his girlfriend he can get jail time.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for California on
Q: Can i sue the cps in utah for saying they cant help me child said while living with stepmom he was raped&abused phy proo

Stepmom maliciouslykeep them away moving motels got2of3kidsdue2aunt 1still with perpNeeded testing lived in utah other son was still with stepmom and now in cps custody in group home new evidence and now being abused at facility and utah cps took my other kids for first wrong person petition... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 19, 2019

Much more info needed.

you should consult with a lawyer in your community and present that query.

write out a summary of all the facts beforehand.

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can a husband take away children from the mother without any court order and deny her visitation?

I have a friend who's husband basically hijacked the kids from her several years ago. He claims she abandoned them and is suffering from mental disease. She had been the victim of emotional and physical abuse from him for many years and was scared to fight for the kids because of threats he... View More

Mike Darlington
Mike Darlington
answered on Dec 18, 2019

You are correct, she needs to see a lawyer since she is obviously paralyzed by his actions. I cannot begin to give you any suggestions because there are so many unanswered issues involved in the fact pattern you set forth. If your friend lives in California then she has the absolute right to a... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can I be charged with PC594(b)(1) Felony for a cell phone if the replacement cost was $250 using an insurance claim?
Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2019

more info needed.

Vandalism is a wobbler and as such can be charged as a misdemeanor or felony.

the value of the item is considered, not necessarily what the cost would be after applying an insurance claim....though that might be a compelling argument if you do not have a prior...
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1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for California on
Q: Seeking attorney pro bono civil suit versus spouse due to injuries caused from domestic violence
Dale S. Gribow
Dale S. Gribow
answered on Dec 16, 2019

more info needed.

I could not do it pro bono, and only if it is in the Indio Court.

you should list what court the lawyer will be dealing with.

did you report the DV and was your spouse arrested?

if there were injuries then the police should have been called and it...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for California on
Q: My x husband had are 2 daughters removed from him do to his house was raised for drugs. Ntf team called cps & they

Removed r girls from him. Cps never contact me & took r girls to Foster care. Now they don't at all want me to get r girls & now rgirls they gave to him. My question is. What would happen if I just went & took my girls from him. Can I get in trouble.

Dale S. Gribow
Dale S. Gribow
answered on Dec 14, 2019

more info needed.

is there a court order that you would violate?

1 Answer | Asked in Domestic Violence for California on
Q: The police came out and I made a report about my domestic violence but my boyfriend was never arrested what will happen
Dale S. Gribow
Dale S. Gribow
answered on Dec 10, 2019

they will investigate and after talking to your boyfriend, if the facts warrant, arrest him with $50k bail.

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