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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: Can the court give a restraining order without consent of the victim?

My spouse is facing battery on spouse and they had told him that if he pled guilty they will give him a year in jail, a year of probation, and a lifetime restriction against me. He pled not guilty and will be going to court again soon. I just want to know if they are allowed to give a restraining... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 8, 2019

more info needed but yes it is possible.

you need to retain a lawyer or ask the court to appoint one.

1 Answer | Asked in Domestic Violence for California on
Q: Is it possible to have gun rights restored after 1203.4

243 (e)(1)

Dale S. Gribow
Dale S. Gribow
answered on Jan 31, 2019

much more info is needed.

if a lawyer handled the 1203 then that is the person to ask.

otherwise, you need to see up an appt with a criminal lawyer that handles cases in the court involved and have him look at minute order etc to check court ruling................but it sounds like...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My uncle was accused for molesting a child and was sentences 14 years. Can this be changed?

They parents, child, and my uncle live in the same household. I know my uncle is not guilty of molestation. He really did not understand what was even happening while court was in session. The parents of that child told that little girl to say everything that was said. I have no idea what was even... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 26, 2019

without a lot more info it is impossible to say.

it is like asking a doc, i have a pain in my side is it cancer and can you cure it.

the best person to ask is the lawyer who defended him.

there may be a basis for an appeal???

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Q: I was involved in a domestic violence incident me being the victim. CPS removed my kids, i need advice on how to proceem

My kids were placed out of state in Wisconsin, and my case was closed. Prior to the domestic violence, I had 3 open cases against me all false allegations the father was denied physical custody those three times until I was involved in the domestic violence. I did everything I was told and yet was... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 25, 2019

More details are necessary to provide a professional analysis of your issue.

Initially, you should set up an Initial Consultation with an Attorney such as myself.

You can go to my website to review my credentials, awards, honors, testimonials, and media appearances &...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I had a TRO against my husband in 2016. There was a violation of the TRO. He recently discovered an arrest warrant.

I would like to assist him in getting this resolved with the least harm to him, We currently live in CA.

Dale S. Gribow
Dale S. Gribow
answered on Jan 15, 2019

where do you live in calif?

which court does he go to...................dale@dalegribowlaw.com

2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for California on
Q: If the police are not willing to prosecute my girlfriend's stalker, can I take it to the county Sheriff's office?

My gf was with some crazy men. One, who she left 5 years ago, somehow found her # (that we changed 2 years ago) and texted her. She blocked him. About 3 weeks later, he shows up to her grandpa's house looking for her (she lives there but was working). Her grandfather told him to never bother... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 10, 2019

more info needed but it would seem to me that law enforcement would/should do something.

yes, i would try Sheriff, going directly to DA, contacting your congressman

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Can my childs father get visitation after losing trial for felony domestic violence?

In 2016 my childs father beat me in front of our small child. I pressed charges he lost trial and in 2017 he was charged with felony domestic violence. We went to family court I allowed him phone calls and hes told me to get over the abuse and get over him hurting me in front of our child. That he... View More

Angelina Bradley
Angelina Bradley
answered on Jan 9, 2019

The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: What are consequences for the victim?

Hello my question is what are the consequences for the victim if she refuses to testify in court? Also what are the consequences if spoken and seen the defendant if there is a no contact order in place?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

Is there a subpoena requiring the victim to testify? If so, violating a court order may be grounds for a contempt order. As for the no-contact order, it depends on the facts. Was the no-contact order issued to you for someone else's protection? More details are necessary to provide a... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Are their lawyers in the Sacramento area that take payments for a criminal case in Yolo county?
Dale S. Gribow
Dale S. Gribow
answered on Jan 6, 2019

more info needed

i am a criminal lawyer in Palm Springs and you need to contact lawyers in the city you want and post that question to them.

it will probably depend on your earning capacity and how much you can put down and the likelihood you will be able to make timely payments.

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: I'm trying to find out how to get a restraining order against someone in a different state.

I'm in California and the person I want to restrain is in Pennsylvania. This person stalked me and found out where I work and called my chain of command for a personal issue that I'm dealing with between me and my mother. The person who contacted my work is unrelated to me, it's my... View More

Andy Cook
Andy Cook
answered on Jan 5, 2019

You could get a civil restraining order, which is different from a domestic violence restraining order. The difference, among other things, is that you have to prove, by clear and convincing evidence, the facts that warrant a restraining order (as opposed to a family law restraining order, where... View More

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1 Answer | Asked in Domestic Violence for California on
Q: How can I participate in treatment and counseling in domestic violence perpetrator program approved under RWC 26.50.150
Dale S. Gribow
Dale S. Gribow
answered on Jan 1, 2019

more info needed.

were you a defendant in a concluded DV criminal case or family law related DV?

this is a question that should be asked of your lawyer who has read a police report and knows what the court has ordered?

1 Answer | Asked in Domestic Violence for California on
Q: Is there a way to find data on all domestic violence cases in San Mateo county in California that went to jury trial?

I would like to find out how many cases were guilty vs not guilty and hung jury or got a 415 and relevant facts for each? Any guidance on whether this type of research is available online or whether there is a service provider that can help with something like this?

Dale S. Gribow
Dale S. Gribow
answered on Dec 20, 2018

you need to contact people in that county.

I am in Palm Springs and would have a hard time finding San Mateo.

I would think the courts and DA might have that info but would probably not share it....unless you are writing an article?

1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: I was arrested for DV 3 months ago. Case was closed by the DA. Can it still effect my child custody in family court?
Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2018

A lawyer needs more info.

You need to ask this of a family law attorney, not a criminal law attorney.

Technically they can use the facts.

It just won't be a conviction.

Criminal law requires guilt beyond a reasonable doubt.

I suspect a lesser amount of...
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1 Answer | Asked in Domestic Violence for California on
Q: Court minutes says "No Complaint" has been filed. Next day it states "Case close" in DV case. What does this mean?

Does this mean the case is dropped?

Dale S. Gribow
Dale S. Gribow
answered on Dec 17, 2018

more info needed.

with this little info, yes that is what it means.

the DA must have thought it was mutual combat or not enough evidence to get a conviction.

1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on
Q: Can a judge change his previously amended Temporary Restraining Order?

Received a TRO on 7/5 against ex, giving full no contact, and no custody to ex. Judge upheld TRO however reversed custody ruling on 7/25, when ex requested case go to trial. Just got letter from courts in mail stating trial is moved from March to May, along with an Amended TRO, stating the new... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 17, 2018

more info needed.

judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?

you have posted this on a crim/accident site and suggest you ask this of family law attorneys.

you really should retain a lawyer...
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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: where can i find an honest to god attorney who can defend me from a domestic violence charged being placed against me?

I have been a victim of abuse for many years shameful and humiliated i couldn't ask for help. But to have my offender press charges against me to break me away from my children and the new life im trying to live is unfair. I current have no money and was told i have a domestic violence charged... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 17, 2018

more info needed.

however, if you do not have funds you will have to request the court appoint a lawyer for you at your arraignment.

Prepare a detailed summary of all the facts so you do not forget to tell your lawyer any of the info.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Effects of a no contact order in California

This girl I know wants to file a nco against me, with no justified cause. I have asked her several times to stop contacting me, she has refused. She has stalked my house, sent abusive texts, etc... But she Is the one getting the nco because I think she is mentally unstable. What effect will this... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 17, 2018

more info needed

you need to retain a lawyer in your area or hers to write a self-serving letter setting forth the facts..............maybe even contacting the police about what she is doing though it is best to have your lawyer do that so you do not say something that can bite you in the...
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1 Answer | Asked in Domestic Violence for California on
Q: was arrested for DV 3 months ago. was told it was sent back due to insufficient evidence. Is it because its a weak case?

They needed the 911 call. was falsely accused of this

Dale S. Gribow
Dale S. Gribow
answered on Dec 17, 2018

more info needed.

they probably said for further investigation rather than insignificant evidence.

it may mean something is missing and you should retain a lawyer if possible to assist you.

call me and i will give you some name.........dale gribow 760 8377500

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Do I need a lawyer? as I cant afford one to terminate civil DV Decision by court

I was 20 minutes late to DV hearing. Judge had already issued a 5 year restraining order. Petitioner stated on DV 100 that on Sept 3rd I barged into house demanded money & threaten to return. Said on Sept 2nd I was cited for trespassing & on Sept 3rd she called Sheriffs to report that I... View More

Angelina Bradley
Angelina Bradley
answered on Dec 17, 2018

I’m sorry to tell you that the answer is likely yes, get an attorney.

The permanent order has already been entered. This means you need to either file a motion to reconsider or an appeal. But since you didn’t show up to your hearing, you’re going to a have a rough time of it...
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1 Answer | Asked in Domestic Violence for California on
Q: domestic violence I got a letter stating I have to testify against my husband i told them I didnt want to

He has court on 19th then sepeana says the 24th I go to court. I told them I didnt want to testify. Hes booked on pc273.5 a

And pc245 (a) (4)

Trying to find pro bono he has court in rancho cucamonga cali. Please someone help me

Dale S. Gribow
Dale S. Gribow
answered on Dec 16, 2018

to try to get out of it hire a lawyer to coordinate with his lawyer and advise DA you are not going to testify if the facts warrant it

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