Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
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.
243 (e)(1)
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... View More
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
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???
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
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 &... View More
I would like to assist him in getting this resolved with the least harm to him, We currently live in CA.
answered on Jan 15, 2019
where do you live in calif?
which court does he go to...................dale@dalegribowlaw.com
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
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
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
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
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?
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
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.
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
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
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?
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?
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?
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... View More
Does this mean the case is dropped?
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.
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
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... View More
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
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.
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
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... View More
They needed the 911 call. was falsely accused of this
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
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
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... View More
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.