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California Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Family Law, Domestic Violence and Landlord - Tenant for California on
Q: Im being wrongfully evicted.. help??

I am being evicted as an individual by my soon to be ex motherinlaw. I have 2 kids and have lived in this home for 6 yrs. She has paid all expenses for me and my kids during this time. Her son and I have been together for 6 years and have been married since Jan 2016. We have a 3 yr old son... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 11, 2017

All evictions need to be filed in court, otherwise you can sue for wrongful eviction. You may want to consider filing for a restraining order, child custody, child support, and spousal support in family court. More details are necessary to provide a professional analysis of your issue. The best... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: visitation orders are clear and my ex keeps asking to change the dates, do I have to lisen to him? I have a restraining

I have a restraining order but he says the judge said if its ok with both of us we can change the dates, I don't remember hearing that

Ali Shahrestani,
Ali Shahrestani,
answered on May 9, 2017

Check the court orders. If anybody wants a modification, you have to file a request for that in court. If he's violating the restraining order, you can file a motion for contempt.

See: http://www.aeesq.com/divorce-attorney/child-custody/

More details are necessary to provide a...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for California on
Q: How to stop someone you have a CPO on and a peaceful contact with from Using the internet to bully you

There is a criminal case against my ex and a CPo was put in place to protect me from him. The family court has also granted a peaceful contact order prior to the CPO. If my ex is assasinating my character on the social media causing others to judge me and call me horrible names online and to others... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 9, 2017

It depends on the wording of the protective order. If he's defaming you, you may be able to sue. You can also report such abuse to the social media platform. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can someone who was arrested on a Saturday for domestic violence be released the same day?

The incident occurred two days before the arrest was made and the offender started acting strange and making threats the day the arrest was made.

Ali Shahrestani,
Ali Shahrestani,
answered on May 7, 2017

It depends on whether he was charged or not, and whether he was released on his own recognizance pending arraignment/ trial. 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

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I want to request a Domestic violence restraining order but I don't know where my spouse. What can i do?

He also suddenly wants to get custody of our daughter and has been threatening that hes going to take her away. He has only been reaching out to me through different phone numbers and harassing me. We're still legally married and I want to get a restraining order before I proceed because Im... View More

Joseph Torri
Joseph Torri
answered on May 5, 2017

People interpret harassment in different ways. Specific facts are necessary to analyze how he has been harassing you, and then a lawyer will be able to decide whether a restraining order would be attainable. He could be talking about taking her away from you in custody court and you should hire a... View More

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for California on
Q: Can a person that I have a case against be a considered a reliable witness in anOther's case against me?

8 weeks ago:

(DefA)unprovoked battery -

(Vic:B)beaten bloody, immediately reported to the police, charges pressed on A by B

Now,

D.V. case due to statement of (witn:A): (DefB) hit (vic:C). No signs of trauma nor threats of.

Make sense?

Seems like a.conflict of interest right?

William John Light
William John Light
answered on May 5, 2017

This is not a conflict of interest in the way that attorneys use that phrase. It does show bias by the witness and a motive to lie or exaggerate. I am sure that your attorney will fully discuss that the with prosecuting attorney and cross-examine the witness about it, if necessary. The jury gets... View More

1 Answer | Asked in Domestic Violence for California on
Q: I haven't been able to to do my volunteer hrs because every place says that they can't help me.will the judge lock me up
Joseph Torri
Joseph Torri
answered on Apr 29, 2017

The issue will be why these places can't help you, especially if they're able to help most people that go there. This does not sound like a good excuse without more information. Therefore, hire a lawyer and prepare for the court date or you may need to add yourself to calendar. More facts... View More

2 Answers | Asked in Domestic Violence for California on
Q: Will the judge lock me up for not complying or doing my volunteer hrs .Ive gone to these places but they can't help me.
Joseph Torri
Joseph Torri
answered on Apr 29, 2017

It's possible the judge will lock you up for not complying or doing your volunteer hours. The question is also going to be why these places can't help you after going to them. It already does not sound like a good reason. Of course more facts are required to provide a thorough analysis.... View More

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1 Answer | Asked in Domestic Violence for California on
Q: Is it legal for a VICTIM to use a GPS to track location of offender domestic violence/CRIMINAL probation,

My sister was beaten by her former boyfriend and was offered a Florida "plea and pass" and then violated the conditions. He threatened to "get her back", is a former NYPD, and he has firearms and I am gravely concerned. I told her to have someone place a GPS on his car so that... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 28, 2017

That is illegal, and you can be sued in civil court and charged with a crime. A restraining order is the proper method, and you can report threats and assault/battery to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Domestic Violence and Libel & Slander for California on
Q: Can someone sue you for libel if you confirm abuse that is not "hear-say" testimony?

I have witnessed mental & verbal & emotional abuse against a female neighbor. I have confirmed her reports of abuse to the police (not hear-say testimony, only what I seen and heard.). They live together and she is financially and emotionally dependent on him, as she only has a part-time... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

See my answer to your identical question. 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... View More

1 Answer | Asked in Libel & Slander and Domestic Violence for California on
Q: Can someone sue for slander if you testify to actions that are not "hear-say" testimony?

I have witnessed mental and emotional abuse against a female neighbor. Her boyfriend is a Paralegal. I have confirmed her reports of abuse to the Police.(not hear-say testimony, only what I have seen & heard). He is threatening to sue me for libel. He has banned me from his home and tells... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 27, 2017

See my answer to your identical question. 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... View More

3 Answers | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for California on
Q: How did I get my estranged parents from stalking/harassing me?

My parents have been abusive towards me all my life, especially physically. I cut ties with them last year. I wrote them an email specifying I was cutting all contact. Zero attempts were made on their part to rectify the relationship other than a few emails that were only of blame.

Now... View More

Louis George Fazzi
Louis George Fazzi
answered on Apr 19, 2017

You can file harassment charges against the persons who are stalking or harassing you. There's no need for a lawyer.

You can get the appropriate forms online http://www.courts.ca.gov/forms.htm. When you open the page, you'll see a drop down menu labeled Select Category; you will...
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1 Answer | Asked in Domestic Violence for California on
Q: I was involved in a small altercation with my spouse

One night I got home and my spouse had been harassing me not leaving me alone. I told them to leave me alone but they wouldn't. I gave a final warning and told them I'd remove them from the guest bedroom. spouse wasn't cooperating and refused to leave so I grabbed them by the ankles... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

This sounds like assault and battery and domestic violence. Your spouse may file for a restraining order and may report the matter to the police. This may also have child custody ramifications, if relevant.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

See:...
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2 Answers | Asked in Estate Planning, Domestic Violence, Elder Law and Probate for California on
Q: My mother died. My brothers son murdered my brother. Is the son entitled to my brothers portion of my mothers estate?

The murderer son is now serving life in California State Prison.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

That is something you can challenge in probate court. Have a lawyer review the terms of the estate's will or trust. 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

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1 Answer | Asked in Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: I'm from the Philippines and my husband is US citizen. He currently lives in West Covina. He is bashing, harassing me.

Can I file a restraining order while I'm here and if not can I hire a lawyer and have the lawyer file it for me? Do I need to fly to US? I'm 6 months pregnant. He still bashing me put bad words in public social media. Please help me on what to do. Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

You can file for a restraining order and immigration protections under VAWA.

See: http://www.aeesq.com/divorce-attorney/divorce/

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...
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1 Answer | Asked in Domestic Violence for California on
Q: I was physically assalted by my BF while on a trip with him in Mexico. I filed a report with hotel can I do anything now

I live in CA. I moved my stuff out of his house. What can I do now that I'm home. I have pictures of all the bruises. Can I file a report in San Jose? I have all of his numbers blocked. I know he trying to contact me. His family told me.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

You can file a restraining order, and you can sue him in civil court for damages for assault/ battery. 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,... View More

1 Answer | Asked in Domestic Violence for California on
Q: How do I respond to being served a restraining order solely by my teen daughter whose mother refuses to represent her?

Parental alienation at its finest in history of jurisprudence.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 9, 2017

You can file a defense based on evidence, and you may file for a modification of custody and visitation rights. See: http://www.aeesq.com/2017/03/30/gender-bias-in-child-custody-court/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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2 Answers | Asked in Domestic Violence for California on
Q: husband has court today for domestic violence against me.I don't want to press charges. Is it a good idea to not show
Joseph Torri
Joseph Torri
answered on Apr 4, 2017

You should seek a consultation with an attorney and most offer a free initial consultation. If you filed for a restraining order, you can tell the judge you would not want to move forward on the restraining order. However, if you are talking about criminal court, you may be under subpoena to appear... View More

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: If psychiatrist reports a DV case, what happens next?

Partners get into an altercation which reaults in minor bruising for both. One of the partners goes to their regular psych counceling session, and the councelor inquires if the bruising is the result of DV. At the end of the session, the councelor say she will report the incident because of the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

Police may investigate and the DA may charge the alleged abuser with a related crime, possibly a misdemeanor for DV. See: http://domesticabuse.stanford.edu/reporting/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
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1 Answer | Asked in Criminal Law, Child Custody, Child Support and Domestic Violence for California on
Q: Hi i'm a British Citizen. I'm currently living in Irvine, Orange County, CA.

Hi

I'm a British Citizen. I'm currently living in Irvine, Orange County, CA. I live in an emergency shelter for families and victims of domestic violence. I've obtained my Permanent Resident status via marriage to a U.S Citizen. I believe it's conditional. It expires in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You can file for custody and visitation in this court even if you're not a US citizen or permanent resident. You may also seem immigration relief under VAWA. See: http://www.ncdsv.org/images/FAQ_VAWA%20and%20Gender.pdf

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