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California Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: On Saturday me and my husband got into an argument that got out of and I sprayed him with pepper spray. Fist offense.

I'm scared this was all a big mis understanding and I'm out on a 50,000 dollar bail. My court date isn't for a couple months. Do you have any insight on ever could happen to me, ? I have a 2 year old and I can't be in prison.

Jeffrey Vallens
Jeffrey Vallens
answered on Nov 21, 2016

You should not post any potentially incriminating statements on public forums. Please talk to a criminal defense attorney in a confidential setting. I certainly gave some other thoughts for you as well as questions.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: 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 about making sure my kids are safely returned to me

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

You can file for custody. Local law libraries have resources and forms, and family courts often have free family law facilitators to help you fill out the forms. 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... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: My sister, 18 hit my little sister, 10. She was arrested and my little sister was taken away. What's going to happen?

The police said a social worker would come by and that was it. Didn't give anymore information.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

Nobody can give you a prediction. The social worker would investigate the case and make a referral to the necessary party, if applicable. There may be criminal or CPS ramifications. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me... View More

1 Answer | Asked in Domestic Violence for California on
Q: If I witness abuse from my dad to mom -- as a witness, can I press charges against dad? If so, what would happen next?

I am a 30 y.o adult. Assuming I can press charges as a witness, I need to know what would be next steps if I decided to move forward with this decision. My parents live in California and I visit them from time to time.

Andy Chen
Andy Chen
answered on Nov 14, 2016

How does NY play in to this scenario? If you and your parents are in NY and this abuse occurred in NY, then you need to post this in the NY forum, not the California one.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: They took my kids away for calling the police For domestic violence I have court tomorrow how can I get my kids

I have court tomorrow and I volunteer to get a restraining order on him and got a doctor note that I have able to watch my kids because I got surgery 2 months ago and he said I can't watch them I try to enroll in classes said I can't need court form any advice how to get my kids back ?

Joseph Torri
Joseph Torri
answered on Jan 8, 2017

Attorneys will need more information to answer this question since more facts significantly help attorneys answer questions. One fact could change the entire analysis. Here, it sounds like you were the victim of domestic violence. I'm speculating that the Department of Social Services is... View More

1 Answer | Asked in Domestic Violence and Child Custody for California on
Q: I'm going to family court on restraing order child custody I been arrested before on domestic m child endangerment

I did class in it got dropped so canthe family court still find me domestic still in can I get physical custody of my child

Joseph Torri
Joseph Torri
answered on Jan 5, 2017

Although I see this question was asked a while ago, a parent can still get custody of a child with domestic violence on the record. It may take some time to get a lot of custody and each case is unique with specific facts. Consult with a local family law attorney for more guidance.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for California on
Q: Am I allowed to video and audio record during a drop/pickup of my child If I have a restraint order placed on me?

The mother of my son has lied and made false accusations. A restraining order was implemented. We do drop off and pick up for my son and I'd like to record for my own protection. Do I have that right? The order states I cannot surveillance her but can I monitor her public social media for... View More

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

You cannot record somebody without their knowledge. If there's a restraining order, make sure you comply with it. If the other party lied about you for custody rights, you may want to file a motion to sanction the other party and seek custody modification. The best first step is an Initial... View More

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: I am in need of a family law specialist for a court date in Van Nuys on 10/25/2016

i need to respond to a domestic violence restraining order. I am looking for representation.

Thank you

Anie N. Akbarian
Anie N. Akbarian pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2016

In the event you are unable to obtain an attorney and timely respond to the allegations in the restraining order, you may ask the court for a brief continuance.

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1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: My ex boyfriend punched me multiple times and stopped until he saw blood. How long is he staying in juvie?

My boyfriend was on probation since 8th grade. He punched me because I didn't want to talk to him since we were in a argument.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You should report this to the police and file for a restraining order. You may need therapy to deal with this level of abuse that you've experienced and your acquiescent attitude about it. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Domestic Violence for California on
Q: me and about 3 or more girls were abused by the same guy. we all called the cops and hes still not in trouble.

me and about 3 or more girls were abused by the same guy. we all called the cops and they said that we did it to ourselves, hes never been locked up for this. but hes had girls call about domestic violence on him and nothing is happening to him hes stabbed girls choked gave me a miscarriage. so my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You can complain about the police's failure to investigate the case by filing a citizen's complaint with the PD. A violation of a restraining order is itself a misdemeanor which the police should investigate too. You can file for a restraining order against the man, contact the DA's... View More

1 Answer | Asked in Domestic Violence for California on
Q: If I get a restraining order (civil) against my wife's boyfriend, how do I ensure it is not violated?

The boyfriend was observed manhandling my young son in public, he is ordered to remain 100 yards from my children.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can speak with your child and/or hire a therapist for him to see how he is faring. 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: How many days can go by before I can't report domestic violence
Joseph Torri
Joseph Torri
answered on Jan 5, 2017

As each day goes by, the reporting period gets weaker. Some people have not reported right away, and a case can still be made. The facts and evidence of a case are specific and need to be analyzed. Sometimes reporting violence is important and seeing what happens will have to be the way it goes.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I need help with domestic and financial abuse of an elderly parent by a male son-40. He says he will kill relatives,self
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can report this abuse to the police. You may need to also file for a conservatorship for the elderly parent. 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 Family Law for California on
Q: What steps do I take to keep a domestic

I am 5 months pregnant and have not been married to the man. He was not supportive of the pregnancy, tried to harass me into getting an abortion, and is domestically abusive. I continued to allow him to be in the picture to try and do so for the sake of my child. Things proceed to get horrible with... View More

Andy Chen
Andy Chen
answered on Oct 5, 2016

Get a domestic violence restraining order. Go to the new family court house at 201 North 1st Street in San Jose and find the DVRO self-help desk and begin the process.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can I still report a dv assault that happened a year ago and how?

I did not press charges because it's my wife and the mother of my child. She falsely accused me of it and was arrested. The case was dismissed/not prosecuted after 6 month pre-trial. I have video evidence and pictures of her attacks.

Andy Chen
Andy Chen
answered on Oct 5, 2016

If the assault is the same incident for which she was already arrested and the case was dismissed, then no as that incident has already been adjudicated. If the assault is a new separate incident, then perhaps. Call the police and have them investigate. Their report may get forwarded to the DA who... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Can my sons dad is keep my son from me because he does not want my son around my boyfriend of 4 years?

Sons dad has filed paperwork to take me to court for Custody

My boyfriend and I have lived together off and on for 2 years and currently reside together.

My ex and I have been separated for 6 years.

My boyfriend and I have had a rocky relationship at times and there has been... View More

Joseph Torri
Joseph Torri
answered on Jan 6, 2017

The court does not want children to be around domestic violence abuse. There is a possibility that custody could be limited if he has enough evidence to prove his case. The facts need to be explored more thoroughly, but he may have difficulty proving his case based on what has been said in the... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I still put criminal charges against my abuser even when time has passed since the last time He beat me up??

I have witness and are willing to testify what they saw and heard

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

Report the matter to the police for possible criminal investigations. As for a tort case, see: http://www.courts.ca.gov/9618.htm

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...
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1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I HAVE NO MONEY THE LAWYER ISNT DOING ANYTHING MY HUSBAND FILED FALSE CHARGES THEN TOOK EVERYTHINGLOCKEDMEOUTWHAT CAN I

I WAS ABUSE BY HUSBAND THEN HE FILED FALSE CHARGES AGAINST ME PLANNED IT OUT AND SET ME UP. THEN HE LOCKED ME OUT OF EVERYTHING FILED TRO. I TOOK WHAT MONEY I HAD FOUND LAWYER THEY HAVENT DONE ANYTHING AND SHE WONT REPRESENT ME IN RESTRAINGING ORDER. HE HAS SOLD ASSETS, HARRASSED ME, THREATENED... View More

Paul Stanko
Paul Stanko
answered on Oct 1, 2016

If you are facing criminal charges and are indigent, you can request a public defender. If you are involved in civil litigation, like a divorce, and cannot afford counsel, you should contact your local legal aid society.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: is it possible to appear or ask for continuous by phone in California in a tro hearing ?

I filed a tro and my x did also same time I put my child on it that is not his he also tried to put my child on his my was fully granted his was only granted toward me we had a court date on Aug 26 where we both appeared i asked for continuous it was granted for September 16 on this day I called i... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

If timely, you can appeal the custody order with evidence of your sickness if the court date you missed was when the custody order was granted. 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 Child Custody and Domestic Violence for California on
Q: Can I write a letter to the judge with proof on why I dont feel my child is safe with his father BEFORE we have court

I have proof of my sons fathers anger as far as recordings, letters from witnesses, & pictures of abuse and I would like the judge to see them before we have court.

Joseph Torri
Joseph Torri
answered on Jan 6, 2017

Although you have been to court by now, filing a declaration with the court and serving the parties is the way a person can communicate to the court. Attach exhibits to support any evidence in case you have future court dates.

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