Get free answers to your Domestic Violence legal questions from lawyers in your area.
That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.
answered on Sep 15, 2024
The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More 
My Grounds are CCP1008 new, different facts or laws came afterwards. That my ineffective lawyer throughout my retainment of his services, has continuously IGNORED my every request for legal assistance needed for my case. As well as never meeting with me, my witnesses, and most of all he never... View More
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answered on Sep 5, 2024
You can file a motion to reconsider a Domestic Violence Restraining Order (DVRO) if you believe there has been a manifest injustice due to your lawyer's misconduct. Under California Code of Civil Procedure (CCP) 1008, a motion to reconsider must be based on new or different facts,... View More
I am on probation for 3 years for grand theft. I am about 1 year and a half into it. I have situation where I was under the influence of alcohol and got into a heated argument with my girlfriend. At one point I reached out for her phone almost as if I slapped her hands but I didn't access to... View More
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answered on Sep 4, 2024
In your situation, even if your girlfriend does not want to press charges, domestic violence cases in California are often pursued by the prosecutor regardless of the victim's wishes. Since you were already on probation, this new charge could be seen as a violation of your probation terms.... View More
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answered on Sep 3, 2024
You can find pro bono criminal defense attorneys in Orange County through several resources. Start by contacting the Orange County Bar Association, which has a Lawyer Referral & Information Service (LRIS). They can guide you to attorneys offering free or low-cost legal services for those who... View More
Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé took kids by force with family members. Alleged Dv 3 was later. No order on kid. Dad only gets 1 hr supervised visits. No allegations of prior DV or incidents.
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answered on Sep 1, 2024
To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children,... View More
I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.
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answered on Aug 31, 2024
When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the... View More
I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My... View More
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answered on Aug 30, 2024
You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations,... View More
I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.
He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More
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answered on Aug 28, 2024
It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More
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answered on Aug 27, 2024
If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child,... View More
I had filed a TRO against my abuser. It was granted but it was failed to be served to him. The abuser filed a TRO against me and his lawyer’s coworker sneakily served me the paperwork with my passport, birth certificate, etc. The abuser is saying I’ve lied about everything and am withholding... View More
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answered on Aug 25, 2024
Defending yourself in court without a lawyer can be challenging, but it's possible with careful preparation. Start by gathering all evidence that supports your case, such as text messages, emails, and any other documentation that proves your side of the story. Organize this evidence in a clear... View More
If I respond to his TRO and I get a TRO on him, would it be possible to just add the same things on both?
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answered on Aug 22, 2024
If you've been served with a Temporary Restraining Order (TRO), your first priority is to respond to it by the deadline given. You will need to attend the hearing and present your side of the story. It's important to follow all the instructions in the TRO until the court hears your case.... View More
We were both living in country which allows for single party consent at the time of the recording and I'm looking to understand if it can be used as evidence for an investigation in California.
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answered on Aug 9, 2024
Using a recorded conversation as evidence in a California investigation can be complex. Since the recording was made in a country with single-party consent, it may be considered legal in that jurisdiction. However, California has its own laws regarding the use of recordings, particularly in cases... View More
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answered on Aug 7, 2024
In California, lifting a restraining order before the court date can be challenging. The process generally requires a court hearing where both parties present their arguments. However, there are steps you can take to possibly expedite the process.
First, you need to file a request with the... View More
In Mid-May the judge ordered as follow: 'The parties have been advised that the case has been referred to Family Court Services and to cooperate fully with the Child Custody Recommending Counselor during all stages of the mediation/evaluation. Custodial parent(s) shall make children available... View More
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answered on Aug 2, 2024
To address the missed mediation and hearing, you need to take immediate steps. First, contact the Family Court Services and explain the situation, providing any documentation that shows the mistakes were honest. They can often help reschedule mediation or provide guidance on the next steps.... View More
Hey everyone,
I recently ended a toxic, verbally abusive relationship that lasted years. She made hundreds of harassing calls, threatened to contact my employer, and threw things at me. I haven't heard from her in weeks, but as of yesterday, I learned she’s attempting to serve me... View More
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answered on Aug 1, 2024
It’s crucial to stay calm and approach this situation strategically. Since you already have evidence of her harassment and abusive behavior, gathering and organizing this documentation is a strong first step. It’s important to consult with an attorney who can guide you on whether to file a... View More
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answered on Aug 1, 2024
Living with an elder parent who throws away your personal belongings can be very stressful and difficult to manage. In California, there are no specific laws that address this exact scenario, but there are legal and practical steps you can consider to protect your belongings and address the... View More
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answered on Jul 30, 2024
The case numbers you provided, starting with WA and 99, refer to different types of court cases. The prefix "WA" usually stands for a specific type of criminal case in certain California courts, possibly indicating a case in the Western District. The "99" prefix could indicate... View More
Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it
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answered on Jul 25, 2024
Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More
False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More
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answered on Jul 24, 2024
I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More
He is the one arrested. Only cuz he was considered the dominant aggressor but they don't get why. We are both sick and broken souls. I had my part in instigating him to blow up. We were both beyond drunk. I'm need to show the court who he is before that. And learn to understand that he... View More
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answered on Jul 24, 2024
I'm really sorry to hear about your situation. It sounds incredibly challenging, and it's clear that you care deeply about helping him get the support he needs.
Legal fees can vary widely depending on the complexity of the case and the lawyer's experience. For cases like... View More
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