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California Domestic Violence Questions & Answers
1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I have a domestic violence restraining order against him. Will this speed up my divorce?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

Not necessarily. By having an additional matter in your divorce, this may lengthen the process, especially if he disputes the restraining order. 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: If I had a domestic violence case put on me and I get out of jail I go home the accusers their what happens.
Joseph Torri
Joseph Torri
answered on Feb 13, 2017

You would probably be arrested if the police are called and there is a restraining order. More facts are required to provide a thorough analysis.

1 Answer | Asked in Domestic Violence for California on
Q: Is there any extra paperwork that has to be filed besides the normal EA - 100 " request for restraining order" ?

Im referring to extra paperwork because of my sons name being on the house title. For item 13 (in the restraining request) when asking for the move out order to be granted you are also agreeing at the same time that the abusers name is not on the house title. So how does that work ?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Court forms are available online at courts.ca.gov. Self-help resources are available at your local law library. 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,... View More

1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: Can I (68 yrs) get a restraining order against my son who lives with me after I added his name to the title of my house

To begin with I went to a paralegal some years ago intending to leave my house to my son after my passing. But recently, I came to find out, that his name was added to the title of ownership instead. The paralegal whom I went with then for assistance is no longer around. At that time my son was a... View More

Sergio H. Benavides
Sergio H. Benavides
answered on Feb 11, 2017

You can absolutely get a restraining order against your son. But you should know, if it is granted. you might be making your son homeless. If you get a stay away order, then your son won't be able to live in his own home--it happens all the time with domestic violence criminal protective orders.

1 Answer | Asked in Domestic Violence for California on
Q: Attempting to get my girlfriend out of the apartment, but if I say something she threatens me.. more details below.

Is there a way that I can get her out and give a restraining order? If I ask her to leave, she threatens to throw the cats out and break my stuff on the way out. Or, threatens to go to the police to state that I have either abused her or raped her. She's also threatened to come to my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

A restraining order seems appropriate. You may want to document such occurrences in writing. A good lawyer is a great start. 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: My girlfriend reported me for domestic violence. If I go to the police department for the report will I be arrested?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Possibly. 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 practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: An ex friend of mine has threatened to kick my ass and shes 18 , I'm 16, can she face legal charges if she happens to?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

That sounds like assault (i.e., threat of battery). 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 practice website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Domestic Violence for California on
Q: What happens if I have contact with the person I filed a restraining order on?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

If you try to bring a motion for contempt of the order against that person in the future, he/she may be able to use your efforts at contact to undermine your allegations. 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 Child Custody, Domestic Violence and Family Law for California on
Q: My sister had to move from Arizona to California to due domestic violence What can she do for child custody?

She filed an order of protection in AZ how would it go about filling for child custody here in California?shes not married and he stayed living over there as well.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

She can file for divorce and child custody in CA if she is a CA resident. She can use self-help resources at the local law library or available online at courts.ca.gov. 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 Real Estate Law for California on
Q: A spouse is trying to get a kick out order on me. I own the property. She vacated can I come back?

I have lived in the house since the early 90s and she has only lived in it for 6 years. I just need to know if I can come back since she vacated the property a few days ago.

Joseph Torri
Joseph Torri
answered on Jan 21, 2017

If there is a domestic violence restraining order against you, it is unlikely that you can go back to the house, at least temporarily, if there was a kick out order. Also, property is presumed to be community property until a final determination is made. If community payments were made on the... View More

3 Answers | Asked in Family Law and Domestic Violence for California on
Q: found out that I'm not legally married to wife. Will judge still give me visitation or sole custody of child

I'm the one that takes care of his needs,cook bathe enteract while wife sits in bedroom leaves long period of time or sleeps all day cause being out all night

Brian Lehman
Brian Lehman
answered on Jan 19, 2017

You put this under domestic violence as well. If there are allegations that could be made of domestic violence, you should get a lawyer immediately because that person will know how to best present your case.

To answer your question, assuming that you have a child together, the standard...
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1 Answer | Asked in Domestic Violence for California on
Q: I have a double domestic violence case open where both of us are being charged with domestic violence can still see her

While im out on bail or should i stay away we live together

Joseph Torri
Joseph Torri
answered on Jan 15, 2017

It is likely that there are protective orders in place pending litigation. Therefore, staying away is probably a good idea. More facts are required to provide a thorough analysis, but posting detailed facts on a public forum is not a good idea in case statements, etc can be traced back to you.... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: How to get a not contact order lifted?

I have full custody of my child. Father signed over rights. He found out my boyfriend father of my second child we had a previous domestic violence case in a diffrent County. He requested a no contact order between the child we have commen with my boyfriend he won. What can I do to now when I go... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 13, 2017

To appeal an order, you have to file an appeal within a limited amount of time. You have to prove a basis for the appeal. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Domestic Violence for California on
Q: risk of prosecution if one fails to attend court to give evidence against partner charged with domestic violence?

My friend and her partner have concocted a plan thing if she fails to show up at crown court to give evidence against him, the case will be dropped and it's 'happy ever after'. He faces charge of ABH after attacking her using a weapon, and causing head injuries. Hospital staff... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 8, 2017

What is Crown Court? Your question if filed in the CA Q&A section. Perhaps you meant to file this question elsewhere? In CA, the police file criminal charges, and they can use witness testimony and subpoena hostile witnesses. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Domestic Violence for California on
Q: Boyfriend falsely accuses me of hacking his phone and all accounts. No proof and I'm not doing any sort of thing

I ALREADY KNOW I NEED TO REMOVE MYSELF FROM THIS SITUATION BUT FOR SELF CLEARANCE PLEASE GIVE ME ADVICE: Boyfriend falsely accuses me of hacking his phone and all accounts. Going on almost 3 years now of this. I've done nothing of anything he claims. I've thought he was the one guilty... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 29, 2016

If he is defaming your character by making such derogatory statements to others against you, alleging essentially that you're acting illegally by hacking into his accounts, you might have a case to file an action in civil court for liable and/or slander. The best first step is an Initial... View More

1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for California on
Q: What are the consequences if a 16 year old boy has been trying to hit his 21 year old sister?

The boy and the girl live under the same roof, ownership of their father. The boy is always trying to fuel problems with his sister trying to start a fight. The sister doesn't want any problems for the fact that he's a minor. Whats the consequences if she defense herself by hitting back,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 14, 2016

It sounds like the teen is assaulting and battering the woman, which is a crime. This can be reported to the police. Self-defense to protect oneself is not without its limitations. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I would like to know what's the actual time he will be serving or what is his release date thank you

Hi there my boyfriend is currently in jail he got sentence 2 years and a half with 30% in State Prison for a domestic violence case with the old partner he has done 4 months in county by now  I am pregnant right now with his child and would like to know when will he be released or how much time... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

Contact his attorney to ask these questions. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Domestic Violence for California on
Q: How can you remove or lift a restraining order?

There is a RO in effect, the protected person continues to harrass me and uses the RO against me. She is not using for protection but instead using it to try and get me to violate the RO. She continues to show up at places knowing that I'm going to be there for example, my son's soccer... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

You can file a restraining order against the person who has a restraining order against you. Is custody also an issue? The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it... View More

1 Answer | Asked in Animal / Dog Law and Domestic Violence for California on
Q: My wife filed a false retaining order against me and then got rid of my dogs while living at the house.

I'm not allowed to go near her or call her or do anything. What if anything can I do.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 6, 2016

You can challenge the basis for the restraining order in your response and at the hearing; and you can file a motion for sanctions if she's intentionally made false assertions against you in her filings. Filing false statements can be grounds for a criminal charge of perjury as well; and this... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: paternal grandma has guardianship of my kids there father who abused me may be abusing them can i remove guardianship

My kids paternal grandmother has guardianship her son /father who abused me violently my be abuse my kids what can I do

Can I get them out of that home immediately. ...

I filled 388 but attorney recommended mediation instead but the Guardian has not kept agreement at all how do I go... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

If you have any real evidence, you can report the matter to CPS; and you can file for child custody in Court. Make sure your suspicions are not motivated by negative motivations and are actually evidenced, lest you make false reports. The best first step is an Initial Consultation with an Attorney.... View More

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