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California Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What is the first step to take when my ex doesn’t let me see my son? Makes excuses every weekend.

We’ve been separated for a little over a month. And I gave her time to calm down, since our breakup was due to me being unfaithful, just around 2 weeks. We have texted and agreed to a schedule where he would spend time with me. This is the second week that she makes an excuse and does not let me... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 10, 2018

a lawyer can not give you advice without knowing a lot more facts.

if you are looking to "sock it to her" then involve the police.

if you had a lawyer ask you divorce lawyer who can contact her lawyer. If non you can go back to court or tell you really do not want to go...
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1 Answer | Asked in Domestic Violence for California on
Q: my niece got pregnant by her boyfriend and there is a court ordered restraining order. Consensual. Will he be in trouble

Nobody is under age and yes the RO was in place before consensual sex. The RO is in place because of a DV incident but it is court ordered, not by choice.

Dale S. Gribow
Dale S. Gribow
answered on Feb 10, 2018

need more info

was RO there before he had consensual sex with her?

anyone a minor?

did she report him to get the RO?

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I'm from California I let my niece stay with me for a couple of days and this was just before Christmas

Is February the 5th and she taking over my house she hit me once and then she threatened me with a baseball bat if I come back ato my house I'm sleeping in my car I want my house back what can I do

Shahnaz Hussain
Shahnaz Hussain
answered on Feb 10, 2018

You should first file a police report for assault and battery. Then get a restraining order against her.

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a restraining order against my ex but now he's harassing me by constantly taking me to court over denied RFO's

We already have a scheduled hearing for the first denied ex parte for his modification of child custody, so now he decided to file another one. We also correspond through a website and he's been harassing me there as well, making threats.

Dale S. Gribow
Dale S. Gribow
answered on Feb 10, 2018

did u have a lawyer? if so explain to lawyer

otherwise when u r in court again share all this with the judge...........he is using the legal system to harass you......

1 Answer | Asked in Animal / Dog Law and Domestic Violence for California on
Q: Is there an appeal process for keeping a dog on a restraining order. If the judge ruled against the pet being on it?

My daughter has left her abusive boyfriend after 6 years of documented abuse. They purchased a dog a year ago and he also has abused and neglected the dog. The TRO judge allowed the pet on the restraining order but when they just went for the hearing for the Permanent restraining order the second... View More

William John Light
William John Light
answered on Feb 9, 2018

Your question indicates you are in MA, while you have posted in a CA forum. You should direct your questions you a MA attorney. You might be able to appeal, or go in for modification, if circumstances have changed, like you have evidence that the dog is actually endangered, rather than just... View More

2 Answers | Asked in Domestic Violence for California on
Q: What happens if I put charges for domestic violence but he has not been arrested yet?

I called the police for domestic violence but when they came he was no longer here they gave me only a list of domestic violence agencies and a report number to put a restraining order but I never went... my question is that he has not been arrested and I have heard that he has walk by police... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 8, 2018

did the police take a report.......?

you need to call the officer that responded and press him to do something?

he can not get away from charges by leaving the premises

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1 Answer | Asked in Domestic Violence for California on
Q: I have a restraining order on my ex boyfriend. We have two children together, and they’re also on the restraining order.

My question is, since they (the children) do not have a relationship with their fathers maternal grandparents, would it be violating the restraining order to contact them?

Dale S. Gribow
Dale S. Gribow
answered on Feb 7, 2018

a lawyer would have to see the wording on the RO........however if it is just dealing with your ex it should not apply to grandparents

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: My aunt wants to know if she can visit her son in jail,even though she put a restraining order on him??
Dale S. Gribow
Dale S. Gribow
answered on Feb 5, 2018

the RO is for him to stay away from her......however if she is the party taking the initiative to set up meeting i do not think there would be much of an issue.............

i would assume jail or prison does not know about RO anyway

1 Answer | Asked in Domestic Violence for California on
Q: If u are sentence to 30 days in irc how long will u do

It was a old case from 2014 he had a bench warrant and the judge ADJUDICATED the case. What does that mean

Dale S. Gribow
Dale S. Gribow
answered on Feb 4, 2018

if one is sentenced to 30 days in riverside county, you probably get double credit for the time in custody when arrested and the balance you would do 1/2 time under 4019 if the crime qualified.

however if he did not appear or comply with every condition of probation a bench warrant would...
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1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: I have a restraining order on my unborn child’s father for domestic violence. Can this help me win full custody of child

While pregnant, the father of my unborn baby put his hands on me and I called the cops. He was arrested and charged with corporal injury to spouse. I currently have a restraining order on him. I’m due in a few months and am afraid he will try to get some custody or visitation with the child. What... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 4, 2018

yes, the DV charge could help you but a lawyer has to learn all the facts.

you should talk to a local lawyer that practices in that court.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My ex husband molested my oldest daughter & the sheriff didn't believe her . What do I do ?

My ex husband got beat up & I got accused of doing it & kidnapping my kids when he let me take them .

Dale S. Gribow
Dale S. Gribow
answered on Feb 4, 2018

a lawyer needs a lot more info

retain a local lawyer in your city to revisit the issues with the DA.........

if that doesn't work contact your congressman to get their assistance

1 Answer | Asked in Immigration Law and Domestic Violence for California on
Q: My wife wants to file for citizenship but was arrested twice for misdeamer domestic violence both cases dismissed.

Will that forbide her from getting citizenship?

Dale S. Gribow
Dale S. Gribow
answered on Jan 31, 2018

she has not convictions so it should not be a factor.......but share that with the lawyer that is going to help you with your immigration.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Are there lawyers out there who would help even if we can't afford to hire her a lawyer?
Dale S. Gribow
Dale S. Gribow
answered on Jan 30, 2018

if it is criminal you would be appointed a public defender

for civil you would either contact some kind of legal aid in the city/county or maybe get lucky with a lawyer willing to do Pro Bono work.

good luck

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Charged with domestic violence. Wife wants to drop charges. We can't afford lawyer. Will public defender help us both.

She read she can take anger management class throught vicTim witness program to help my case. Is this true?

Dale S. Gribow
Dale S. Gribow
answered on Jan 30, 2018

IF YOU ARE SAYING YOU ARE CHARGED AND WIFE IS VICTIM THEN THE PUBLIC DEFENDER WILL DEFEND YOU.

THE DA DOES NOT CARE THAT MUCH ABOUT WHAT YOUR WIFE WANTS TO DO AS THE CRIME IS AGAINST THE PEOPLE OF THE STATE OF CALIFORNIA AND SHE WOULD BE THE COMPLAINING WIT.

SHE CAN HIRE A LAWYER TO...
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4 Answers | Asked in Criminal Law, Domestic Violence, Communications Law and Sexual Harassment for California on
Q: are child molesters allowed to have contact with victims after release from jail? A response asap would help us dearly.

Wife was molested 4 years throughout highschool by a man who was unofficially her step father, now that he is out of prison they have had their run ins at stores and such and the second run in he kept asking her for a hug and sent her into a panic attack, is he allowed to have contact with her at... View More

William John Light
William John Light
answered on Jan 27, 2018

Ask his probation/parole officer.

http://www.kernprobation.com/

https://www.cdcr.ca.gov/Parole/Public_Officers_and_Regional_Offices/index.html

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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Isn’t him putting me out on the street like this itself an act of Domestic Terrorism, committed against myself?

My name is Lisa. I'm in Lancaster, an outlying suburb of LA County. I've been thrown out of the house and put out on the street since September by my husband of 24 years, and who has changed the locks to the house entrance. We've five kids there, too; three are still minors.... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 26, 2018

if you were married he can not put you on street like that....but that is not domestic terrorism or violence in my opinion.

you should be able to have police accompany you to return to home.

divorce papers would have to be filed to get you out legally.

try to contact legal aid

1 Answer | Asked in Domestic Violence for California on
Q: Do we have to live separate on a domestic violence case?

I called the cops on my girlfriend for domestic violence. They took her to the county jail and shes been in there for 3 days. I do not want to press charges. Let's say she is released after her arraignment and is able to come home. Does one of us have to move out now? Even if I don't... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 26, 2018

if there is no Restraining order to stay away order you should be able to live together again.

however why not contact her attorney to do what you can to drop her charges

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What happens if you have a paid lawyer but can't afford the fee to go to trial. Can a public defender finish the rest?
Dale S. Gribow
Dale S. Gribow
answered on Jan 25, 2018

yes

the lawyer can sub out and ask the court to appoint a PD for you

1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: My ex filed a rebuttle to my Req. For DVPO, but never served me. I easily could have proven he lied. He forged the POS.

It was granted but worthless he violated it and never got in trouble. Issue is he forged and lied from day 1 case is now going on 10 yrs. I still have custody but its abuse. He still controls me thru court. Can I sue him for dragging out when he admitted he's guilty in letters but denies in court.

Dale S. Gribow
Dale S. Gribow
answered on Jan 24, 2018

YOU SHOULD SHARE ALL THIS WITH THE LAWYER WHO HANDLED THE CASE.

MAYBE HE CAN GO BACK TO COURT AND PRESENT ALL THIS TO THE JUDGE

1 Answer | Asked in Divorce, Family Law, Child Support and Domestic Violence for California on
Q: How does Fam Code 2030 come into play. A request for ex to pay was filed but never addressed. I've spent savings.

Lawyer never got agreement just quoted $3000. He is a ex judge. He didn't get police reports and after dragging it out he got $12k he bailed. Ex went to jail. Now 8 yrs he out and I have No savings no attorney case is going back on in Feb. Can I get ex to pay attorney?

Dale S. Gribow
Dale S. Gribow
answered on Jan 24, 2018

YOU CAN ASK THE JUDGE AND EXPLAIN ALL THE FACTS TO THE JUDGE AND THAT YOU NEVER GOT ANY MONEY

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