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California Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Family Law for California on
Q: My 3 yr old says her dad is mean to her doesn't wanna go with him let alone talk on phone.we have a court order in place

For parenting time what can i do i have recording of her saying it & other people have heard her.

Louis George Fazzi
Louis George Fazzi
answered on Jun 10, 2017

Go back to court and get further restraining orders to prevent him from treating your daughter in this fashion. Ask the court to modify any visitation orders by requiring them to be supervised. Get your self a good family law lawyer and then turn to her for all your questions.

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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Federal Crimes for California on
Q: Police used an arrest warrant to coerced me into releasing my child to an abuser. How can I get her back?

A custody order was obtained ex parte and through submissions of false evidence to take my child. My ex and his attorney have conspired and have continued to use the system as a weapon. They were successful in filing a criminal complaint against me based on an illegal order, but more importantly,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 9, 2017

It's crucial to have an attorney review the matter to assess the proper strategy, though you say you don't want to hear that. 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 Criminal Law, Family Law, Immigration Law and Domestic Violence for California on
Q: Hi! I have a question regarding open criminal cases of DV in California.

I was an international student in a univ. of CA. The week after my graduation, my parents & I were in a hotel of Thousand Oaks & one day my dad disrupted the hotel office by insulting employees. They opted for not pressing charges; the thing was that when we went back to the room to get our... View More

David Dastrup
David Dastrup
answered on Jun 15, 2017

Great question. Sorry to hear about the problem. It is typical to be released and required to report back to court, either for another hearing or for a first hearing after the prosecution is ready to proceed (they have time, but limited time). Thus, the case is almost certainly still open,... View More

1 Answer | Asked in Domestic Violence for California on
Q: No complaint was filed on domestic violence case is the restraining order still in effect?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 5, 2017

What does the court order say? 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/ publications on my law... View More

1 Answer | Asked in Domestic Violence for California on
Q: if I write a note to drop charges against my husband for domestic violence. can he use that note against me?

this question is for my friend in California, keeping in mind the laws of that state and the past statistics what will happen. she wants to save her husband and not break her family also. he is a doctor and so is she but currently without a job. this is the first time this has happened. the husband... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 5, 2017

The DA brings or moves to dismiss charges, not victims. The defendant may use such evidence as this note as a defense. 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 Family Law, Child Custody and Domestic Violence for California on
Q: Mu husband was charged with misdemeanor. Am i allowed to leave yhe country with my kids?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 1, 2017

What are the custody orders in place? What's the misdemeanor? Careful you don't abduct the kids, as that is a crime. 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 Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My husband is in jail for domestic violence.he has a mental illness.i have no job.who will have custody of the kids?

He was charged with misdemeanor.Is it possible that the government will get my kids?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 1, 2017

If neither parent is suitable, the court might order the kids into foster care, unless a relative seeks guardianship rights. 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: If a Judge terminated a restraining order in California in open court how can PRCS say its still in effect?

In a DV case, the Judge terminated in open court the restraining order placed on defendant who ended up later having probation revoked and was sentenced to prison without any mention of reinstating the RO. But both the prison and now PRCS state the RO is still in effect and defendant didn't... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 2, 2017

You'll need copy of the court records terminating the RO, including the minutes and transcript if in open court. You need proof of completion of the classes and payment of fines, if relevant. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Am i allowed to bring my kids outside of the country when my husband is in jail?are we allowed to leave?

Or will i still need his consent?

Ali Shahrestani,
Ali Shahrestani,
answered on May 30, 2017

What are the court orders re: that? When will he be released? Who has legal custody? 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

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My friend's wife put him in jail for domestic violence.is his wife required to attend the court hearing?

He has mental illness.will that be of help with regards to his case?

William Mihrtad Paparian
William Mihrtad Paparian
answered on May 28, 2017

Yes, his wife will have to attend the preliminary hearing if the case is filed as a felony and the trial if the case is filed as a misdemeanor. An experienced criminal defense attorney an evaluate his mental illness and how it might help mitigate

his situation.

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1 Answer | Asked in Domestic Violence for California on
Q: How long does a DCFS court case last for dv
Ali Shahrestani,
Ali Shahrestani,
answered on May 30, 2017

It depends on the court orders. 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/ publications on my law... View More

1 Answer | Asked in Business Law, Divorce and Domestic Violence for California on
Q: My boyfriend got in a argument with his whole family and he hit his sister boyfriend with a bottle

How long can he be locked up for if they do or they don't press charges against him.

Ali Shahrestani,
Ali Shahrestani,
answered on May 26, 2017

He may face felony assault/ battery charges, and the sentence depends in part on his priors. 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 for California on
Q: does a failure to present a rebuttal to DV RO make the hearing for a perm RO invalid?
Louis George Fazzi
Louis George Fazzi
answered on May 22, 2017

No. Failure to respond will likely result in your default, and the restraining order will issue without opposition.

1 Answer | Asked in Domestic Violence for California on
Q: what is current California law regarding rebuttal of a DV restraining order?

Party #1 has a DV RO on file and the permanent hearing is coming up. Party #2 filed a counter DV RO against party #1.

Party #2 filed a rebuttal to #1s RO but party #1 did not file a rebuttal to #2s RO. Does that negate #1s RO. Does that mean the hearing date for the permanent RO for #1... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 22, 2017

Any defenses must be determined after a review of all the facts. 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

2 Answers | Asked in Child Custody and Domestic Violence for California on
Q: My ex was found guilty of felony domestic violence and child abuse. He wants custody of my son. Could he win?

I have never been arrested, have no criminal record, and have had the same job for 7 years. The only thing he has against me is that my son missed 9 days of school during the whole school year. He was sick, he also suffered from anxiety that would cause him to feel sick. I now have him in... View More

Joseph Torri
Joseph Torri
answered on May 15, 2017

Describing the issue as a win is not a good way to describe the case. The short answer is that the court can look for a way to establish joint legal and physical custody. Dealing with domestic violence issues is very important for the court to consider. There are more facts that need to be... View More

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3 Answers | Asked in Family Law and Domestic Violence for California on
Q: What should my son do to help him?

My son pushed his girlfriend and she pinched him , during the incident her 5yr old daughter was present and thier 4 month old. The girlfriend called the cops, but the cops never contacted my son and the girlfriend still came around. The GF has a therapist and mentioned to him that my son has a... View More

Sergio H. Benavides
Sergio H. Benavides
answered on May 14, 2017

Gf has a choice to make and can't let herself be pressured by a judge for a Restraining Order. She decides, not a judge. Your son should not pressure gf to avoid a RO, because that could lead to additional criminal charges.

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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: I put my husband in jail for domestic violence he got a lawyer is there anyway he can win the case.
Joseph Torri
Joseph Torri
answered on May 13, 2017

Lawyers can certainly help people prevail in court. It sounds like you have a strong case if the police arrested your husband. More facts are required to provide a thorough analysis. Determining the outcome is very difficult if you don't have all of the facts.

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1 Answer | Asked in Domestic Violence for California on
Q: Can the defendant in a DV restraining order case file a counter restraining order in a different court at a later date?

If this can be done, which one is enforceable? If the defendant violates the first court order thinking his restraining order is more legal, can he evict the victim?

Ali Shahrestani,
Ali Shahrestani,
answered on May 13, 2017

Anyone can request a restraining order, and the judge makes a decision based on the facts. Evictions should be filed in court. Court orders must be obeyed by the parties in the suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

2 Answers | Asked in Domestic Violence for California on
Q: What happens in CA if the defendant in a DV restraining order does not show up for the permanent RO hearing?

I have a temp RO for DV. We have a hearing date of 5/26/17. Can the defendant get a counter restraining order with a new hearing date? If so, which RO and hearing date is legal? My RO was filed on 5/5/17 and served by the sheriff that day. He had to move out. His was filed on 5/12/17 with a... View More

Joseph Torri
Joseph Torri
answered on May 12, 2017

If a respondent doesn't show up to the hearing, that person risks having a restraining order issued even if that person doesn't show up. If there are active temporary restraining orders, they should be obeyed. The court will have to hear evidence and make rulings.

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1 Answer | Asked in Domestic Violence and Employment Law for California on
Q: Can I pass the background to clean the hospital if I have a domestic violence charge misdemeanor on my record?
Louis George Fazzi
Louis George Fazzi
answered on May 11, 2017

That question requires more information in order to give a meaningful answer.

Were you convicted, or did you plead guilty to the charge? Or was there some other resolution to those charges? Merely being charged with an offense means nothing. You do not have to disclose to any employer or...
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