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California Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Probate, Domestic Violence and Landlord - Tenant for California on
Q: My sister and I live together, she stopped paying rent 5 months ago. What can I do legally?

The condo is in my deceased mother's name and my sister has her boyfriend living here also that does nothing but yell and scream and threaten everyone in the house creating a hostile living environment. I'm scared to leave my room.

Bruce Adrian Last
Bruce Adrian Last
answered on Jul 10, 2017

Azusa, CA:

So, first things first. If your housemates are creating a hostile living environment, then you should report the incidents to the police and seek a restraining order. This goes double if you are in fear for your safety.

The next issue is that you state that the condo is...
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1 Answer | Asked in Estate Planning, Family Law, Domestic Violence and Probate for California on
Q: What can I do about my hostile living situation?

My mother left my sister and I a condo. She has a live in boyfriend who has made me afraid to leave my room. He has yelled and cussed at me while pregnant and in front of my children and made a threat that my family will suffer. I feel unsafe in my home. They are 5 months behind on their rent. What... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

You can report threats to the police, and you can file for a restraining order. You may seek a partition in court re: your ownership rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself.... View More

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a move away order with 3 days until the 30day stay expires-My ex bf served me today with appeal. Can I still move

I have full legal and pysical custody of our two kids and a 5 year perm restraining order against my ex protecting the children and myself. I have a move away order from the court and only three days until the 30-stay period ends. My ex filed an appeal. I received a piece of paper (1-page) that... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 3, 2017

Is his appeal timely? Has his appeal been filed and a temporary stay of the order been issued? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More

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2 Answers | Asked in Domestic Violence for California on
Q: Hello there,I had a question regarding a domestic violence case. I

I was in a domestic violence relationship with a juvenile age 17 and i am 18. I have a court protective order against him can i remove that and if so how? How many years of probation would he get? And who can i contact to know how many years he gets? I live in California thank you.

Sergio H. Benavides
Sergio H. Benavides
answered on Jul 2, 2017

If you filed for a protective order on your own, and it was granted, then when the judge granted the order it would be stated on the record how long the court order was good for.

If it was a protective order that was granted as part of a criminal domestic violence case, and the...
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1 Answer | Asked in Domestic Violence for California on
Q: My friend and his partner had a fight, both were injured, arent living together, broke up. How long do they have to file
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 27, 2017

She can call the police to report a crime, file a request for a restraining order, and sue in civil court for assault and battery, if you injured her. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Can a respondent file more than one DV-120 (with extra evidence) as responses to a civil Temporary Restraining Order ?

Or is there another method for getting this additional evidence into the judge's hands ?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

You can file an "Amended response" to the complaint. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Domestic Violence for California on
Q: How long do I have to file for domestic violence if there no injuries involved in los angeles California
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

What kind of violence results in no injuries? You can report crimes to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My ex pressed DV charges on me 2 days ago am I going to be arrested or get a notice to appear
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

Perhaps, but did she file in divorce court or to the police? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Domestic Violence for California on
Q: I charged my girlfriend with domestic battery and I feel I made a mistake. I want to recant, Will I be in trouble

We were upset at each other, over a recurring issue with her intrusive 23yr old dtr. We said things to each other and my left ear was scratched so I pressed charges.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

The DA (not victims) makes decisions whether to charge or dismiss, and if they're pressing forward then they can subpoena you to testify. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have been trying to get my ex served papers due to a domestic situation since April and he is avoiding service.

This was a physical situation and he is facing possible battery charges. I cannot afford to keep spending $150 to get him served and it not working. I am afraid the judge will not continue to extend the dates for court and I need this restraining order to stay in place. It is an emergency/temp... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

Have you hired a professional process server? Have you reported the crime to the police? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: i need to kick out a roomate from my home which i own. he doesnt pay rent and my physical safety is at risk

shortly after buying my home my brotger became homeless and i allowed him to move in with me. i have a heart condition and recent arguments have resulted in him threatening my physical well being as well as the well being of my animals. i told him to leave and not come back but he refuses. i live... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

You can report crimes to the police, and evictions should happen via court. You may seek a restraining order as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Domestic Violence for California on
Q: Is victomizing a victim a real law and if so how do I use it in a domestic violence case
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

Domestic violence is a crime, and you can report that to the police. You can also seek a restraining order in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: It's it ok for an individual serving you to say "take the paperwork or you'll be arrested"?

Papers are for a restraining order request hearing.

Also can that server show up as a witness for the party they are serving for?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

That kind of service, if effectuated by a professional process server, is clearly unethical and should be reported to the state licensing agency for process servers. They can show up as a witness to prove the document was served. More details are necessary to provide a professional analysis of your... View More

1 Answer | Asked in Domestic Violence for California on
Q: My mother submitted a restraining order against my dad on Monday. Will they serve him today? Wednesday

She also requested a move out order. Will they serve and escort him out all at once? My father is agressive, intimidating, verbally and physically abusive. Also she picks up a court hearing date toay at 2:30 in modesto. What papers does she take with her??

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

She can report assault or battery to the police. The date/time of service depends on what kind of service she paid for if she hired a private process server. She should hire an attorney to help her. More details are necessary to provide a professional analysis of your issue. The best first step is... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I filed a domestic abuse a week ago because I was just verbally threaten. But we worked it out how can I drop it.

I filed domestic abuse to my ex boyfriend because he was verbally threatening me weeks passed we worked it out for the baby. Is there a way to drop the case and restraining order since I'm the one that filed. Will I get penalized if I don't show up for court

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

Is it a family or criminal court case? If family court, then you may seek to dismiss the action, and you should do that in court typically. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More

1 Answer | Asked in Domestic Violence for California on
Q: I filed a domestic violence report on my boyfriend and he wasn't arrested. I also got a temporary restraining order.

I don't want to press charges against him

Joseph Torri
Joseph Torri
answered on Jun 19, 2017

The prosecution will proceed with the case even if a victim does not want prosecution if they believe there's a case. Since he wasn't arrested, the prosecution may not file charges. Victims that don't want prosecution may need their own attorney for specific advice and to discuss the... View More

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What can my son expect at a restraining order court date.

He's truly not a threat to his children or her... she's just mad and making him look worse than he is

Joseph Torri
Joseph Torri
answered on Jun 18, 2017

Although he might not be a threat, the judge doesn't know that. Your son should retain a family lawyer because his custody rights could be severely limited if the judge grants the restraining order and he will most likely have to pay her child support. There are plenty of innocent people who... View More

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2 Answers | Asked in Domestic Violence for California on
Q: I had my fiance arrested for DV. It's his first offense and was held for 5dys. Will they let him go if I wish to drop it

He fully complied and I know before speaking to the police that he was ready and willing to be arrested for crime will the courts see this as an act of mercy and let him go with a plea of guilt and how can I get this information to him before Monday if I have the tempore restraining order that I... View More

Joseph Torri
Joseph Torri
answered on Jun 18, 2017

If he's in custody at the court date, they may offer him a get out of jail plea bargain, but they may not depending on the facts of the case. When the victim of a case doesn't want prosecution, the prosecution will still prosecute him. When a victim doesn't want prosecution, the... View More

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: My ex went to jail for domestic violence. Can I use that in court to get full custody of our son?

I also want the judge to order him to get evaluated because he has a lot of mental issues that he hasn't been diagnosed with. Is that something that the judge can do?

Joseph Torri
Joseph Torri
answered on Jun 17, 2017

The judge can certainly entertain the requests and make orders based on the evidence presented. You might be able to obtain sole custody. The court can still give the perpetrator some type of custody, but it depends on the facts.

2 Answers | Asked in Domestic Violence and Child Custody for California on
Q: my ex went to jail for domestic violence.Is the police report enough evidence to use in court for supervised visitation

We have a 3 year old. Can I get full custody of him?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 17, 2017

You can request custody, and the judge will decide. A police report can be challenged as hearsay. Better evidence should be used. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More

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