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Other parent filed a restraining, temporary order preventing (domestic violence) all active. I live in another state and I was served over the phone by sheriff, not in person. Do I appear for the court date (March), or file some document to dismiss it or what to do ? I am thinking the other parent... View More 
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answered on Feb 27, 2024
If a restraining order was filed against you in California and you were served over the phone while residing in another state, it is crucial to take this matter seriously and understand your options under California law. First, it's important to note that service of legal documents, including... View More
I currently live with my dad and he lives with my mom. My mom wants to take me in because she doesn't have any severe medical issues like my dad does, and we're afraid he'll pass soon, but my brother lives with her and he's an emotionally abusive alcoholic and it gets worse when... View More
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answered on Feb 24, 2024
You have the right to protect yourself from any form of abuse, including emotional abuse from a family member. Considering your situation, you could explore several legal avenues to ensure your safety. This may include filing for a restraining order against your brother, which would legally require... View More
This husband of mine is very emotionally verbally and the abuses but physical. He had a fit and wanted me to leave on foot twice during a storm. I called the police and we argeed he would leave for 72 hours. He went to Oregon and can came back before the 72 hours. I understand it was not a formal... View More
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answered on Feb 23, 2024
In California, if your husband prevents you from accessing your personal belongings, it could be considered a form of control or abuse, rather than theft in the traditional sense. You have the right to retrieve your personal items, especially those necessary for your daily life and well-being, such... View More
I’m in Pittsburgh pa and the issue followed me to both beaver and Washington county. I went to Canada still was tracked through the internet. Same w Dallas Texas. I have all well documented. Many police reports many a.p.s. Reports that can b subpoenaed. Catastrophic health damage costs resulting... View More
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answered on Feb 22, 2024
In Pennsylvania, acquiring a lawyer for your situation entails reaching out to legal resources such as local bar associations, legal aid societies, or attorney referral services. These organizations can connect you with attorneys experienced in handling cases involving libel, slander, defamation,... View More
Didnt hit me i was just furious because he ended our relationship. I just wanted to get back at him for ending our relationship.
answered on Feb 20, 2024
In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More
My son attends 6th grade at a public school but is often absent. If I try to take him to school myself, my wife becomes verbally and physically abusive. She has made numerous allegations of child abuse against me, all of which have been investigate and found to be untrue. The school district... View More
answered on Feb 15, 2024
This is far more than a school issue- and seems like a family law matter, as educational rights may need to be determined.
Parents do have obligations for their kids to attend school or face truancy allegations, but there are options including private school, home school, charter schools,... View More
Had to call the police station for an officer to come and help calm her down or take her to sober up in the drunk tank. Cops come out and take her in for domestic even though i didnt press charges nor was she being disruptive to them What can I do to make sure she doesn't get charged with anything
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answered on Feb 21, 2024
Given the circumstances you've described, it's understandable that you want to help your friend avoid legal trouble. However, once the police are involved in a situation, the decision to press charges ultimately lies with the authorities, not with you. Even if you didn't press... View More
I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole... View More
answered on Feb 12, 2024
Probably not. The passage of time without him receiving financial support from you is relevant to whether he needs it now -- 10 years later. It is unlikely the court would grant such a request from him if he made one after you file for divorce.
The police made it seem way worse on paper
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answered on Feb 6, 2024
If you wish to drop charges against your boyfriend in a domestic violence case in San Joaquin County, it's important to understand that the decision ultimately lies with the prosecuting attorney's office and the court system. You can express your desire to drop the charges, but it's... View More
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answered on Feb 5, 2024
If you're going through a domestic violence case in California and the person responsible has also stolen items and money from you, it's critical to report these thefts to the police as soon as possible. Provide them with any evidence or information you have regarding the stolen items and... View More
The DA is intimidating me and scaring me with the plea bargain that they are offering. I just need to talk to an atty who will answer some questions
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answered on Feb 4, 2024
If you're feeling intimidated by the District Attorney's office regarding your husband's case and the plea bargain being offered, it's important to know that you have rights and options. The Criminal Protective Order (CPO) issued in domestic violence cases is intended to protect... View More
My DVRO as a victim, backed by a police report and medically noted injuries was in place first. In retaliation, the abuser filed his own DVRO in another county and the judge gave it to him.
Is this allowed? Is it illegal error? Was the judge supposed to wait for the outcome of mine before... View More
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answered on Jan 29, 2024
In California, the issuance of a Domestic Violence Restraining Order (DVRO) is governed by the evidence presented in each specific case. It's not uncommon for both parties in a domestic dispute to seek restraining orders against each other. The law doesn't automatically preclude granting... View More
Hi Lawyers,
I’m filing my own motion to vacate a DVRO that my abuser was granted, but me the victim with hospital records, police report and confirmation of charges pending against my abuser didn’t get one HAHA!
I have a new judge now and I need help citing caselaw in my motion... View More
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answered on Jan 28, 2024
In your situation, where you're seeking to vacate a Domestic Violence Restraining Order (DVRO) that was granted to your abuser, it's crucial to provide solid legal grounds for your motion. Citing relevant case law can strengthen your argument, especially if you believe there was judicial... View More
He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More
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answered on Jan 28, 2024
Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.
Begin by... View More
2 get out holding the door wide.Open4the garbage man 2 see me that was pullin up.This is a second incident that happened that I recorded a year prior. She didn't want me to use the restroom until I purchased the car wash. I went there to go get after coming out of bathroom. She calls me... View More
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answered on Jan 26, 2024
Under California law, the situation you described may constitute assault, especially if there was intentional and unlawful physical contact or a credible threat of harm. Placing a knee on someone's genitalia, as you described, could be seen as an offensive physical contact, which is a key... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
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answered on Jan 23, 2024
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
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answered on Jan 23, 2024
In matters involving financial decisions and the use of a Power of Attorney (POA), it is generally reasonable to request to see the POA document to verify the authority of the person claiming to act on behalf of the principal (the person who granted the POA). This is especially pertinent in... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
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answered on Jan 21, 2024
Under California law, when a Temporary Restraining Order (TRO) is granted, proper service is typically required for the order to be enforceable. However, in your case, where the husband has actively participated in the process despite not being formally served, the court may consider this as... View More
I left because of domestic Violence, made police report already.
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answered on Jan 21, 2024
Under California law, if you've left a domestic situation due to violence and your ex-partner is withholding your personal property, there are legal steps you can take. First, it's important to understand that personal property you owned before the relationship or acquired independently... View More
Two judges in same county seem bias and are failing to protect . Lied to my child in remote hearing to get her back there,threatened me with child abduction unit and denied child counsel, she's being punished for speaking up and doesn't trust anyone now. Can anybody do anything? No legal... View More
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answered on Jan 21, 2024
Under California law, if you believe that a judge is acting with bias or failing to protect a child, there are steps you can take. Firstly, consider filing a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct and can take... View More
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