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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: I have a restraining order against my ex gf, will I get arrested calling the cops on her violation if she claims I hit h
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

If there is probable cause to arrest you, then you might get arrested. 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

1 Answer | Asked in Domestic Violence for California on
Q: Could I ask the court to change the date or time court date for restraining order from my husband for our autistic son?

Because I have to bring the other children to school. If I do? How can I do that. Thank you

Andy Chen
Andy Chen
answered on Sep 17, 2016

Are you the one seeking the restraining order? If so, you can try a judicial council form DV-115 (google that) and ask for a new date. Depending on how far out your hearing currently is, it may be easier if you just arrange to have someone else take the children to school on the day your hearing is... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: Dad hit mom on right side of neck which she currently injured from work made pain worse and cops just gave him a ticket?

He got caught cheating so mom confronted him and he got offensive and aggressive and hit my mom on neck so my mom slapped him and told him don't hit me anymore as he tried to hit her again but I (son) got in and he brushed me with his finger tips and I hit him on the eye brow and cheek bone (... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 13, 2016

You can contact the police to report the crime. Your mom can file for a restraining order and for divorce and child custody rights. Your mom can sue the abuser for civil damages for the civil assault and battery as well. The best first step is an Initial Consultation with an Attorney. You can read... View More

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Where can I find a lawyer that does family law and domestic violence pro bono in Santa Maria, ca
Andy Chen
Andy Chen
answered on Sep 17, 2016

Finding a pro bono lawyer is difficult generally. Family law lawyers are in high demand and, thus, none of them want to work for free. Consider coming up with at least some money, even if it is not what the lawyer's normal rate is. You'll stand out from the crowd and hopefully get more... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What can I do there is a restraining order against my son's father and his family is harassing me

What can I do?

Andy Chen
Andy Chen
answered on Sep 17, 2016

Seek a restraining order or orders against the family members as well. Hopefully you have been documenting the harassment from the family.

1 Answer | Asked in Domestic Violence for California on
Q: How can I speed up a court date being the victim. Also can I represent myself in court without having a lawyer?

I am not trying to win the case , in fact I want to defend my brother help him.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

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 practice website. I practice law in... View More

1 Answer | Asked in Domestic Violence for California on
Q: I am 17, would I be able to get a restraining order against my dad?

I currently live with my grandparents and my father David I guess you can say lives here (mainly just spends the night). He started using drugs again about a year ago and ever since then we haven't talked. He currently has custody over me but he has not done one single thing to help me in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

You can report this to Child Protective Services and to the police. You can hire a lawyer to file for a restraining order for you, or perhaps CPS may do so. You may also file a petition for emancipation. More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have been married for 24 years and left about 3 years due to physical and mentsl abuse. Can I get spousal support?

I have been with him for 34 years I am unemployed and he keeps locking and throwing me out of our home which I am on the deed. i came home because i wanted to see if we could go to counsling but he refuses and his anger is worse i have been homeless for the last 2 years he brings me back ti throw... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

You may seek self-help resources at your local law library or online at courts.ca.gov. 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 and Immigration Law for California on
Q: Would i be able to fix my spouse papers if i have a misdeamnor domestic violence from a problem we had before?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

What does "fix" mean? 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 Civil Rights, Criminal Law, Domestic Violence and Public Benefits for California on
Q: Can a federally funded agency receive police reports & records without consent from subject?

A federally funded agency terminated my housing assistance based on criminal activity. The agency received reports of domestic violence related incidents from a district attorney investigator and police personnel as well as a report regarding a cell phone without me signing forms consenting to the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Police reports are public documents over which there are no privacy rights vested in the subject of the reports. 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 for California on
Q: A domestic dispute occurs both were injured but neither wanted to press charges yet the female got arrested

In California, a domestic dispute occurs between a boyfriend and girlfriend living together and the cops are called by a neighbor. Both the female and male had injuries (female had red marks on butt and bruise on arm and male had scratch marks all over) both did not want to press charges however... View More

Joseph Torri
Joseph Torri
answered on Jan 6, 2017

Unlikely the police will face misconduct or negligence charges since this occurs all of the time and there are some government immunity protections they have (but not all). The police generally arrest somebody when they come out to a scene and see alleged domestic violence. Neighbors call the cops... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Domestic Violence for California on
Q: My girlfriend has a D.V charge set on her as a felony. None of us pressed charges and she has no priors. What can I do.

Me and my girlfriend had been picking at little things and bickering eachother all week.Due to a recent round with bad luck. Low on rent e.t.c. but yesterday it was thrown way out of proportion and we got into a disagreement about something on social media.None of which was said was at all... View More

Andy Chen
Andy Chen
answered on Sep 1, 2016

Not really. A criminal DV charge is something the district attorney controls. The victim can't just up and say 'I want to drop the charges' and have the case go away.

Be cooperative with your GF's lawyer and help them present a good defense. Your cooperation will...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: kids live with me for 10 yrs never returned from visit 6months dad file custody wht county has jurisdiction no order

I dropped the kids off on Christmas EveJanuary 5th 2016 I call the kid's dad to let him know on my way to pick the kids up he said no your not your not taking the kids I just register them into School he stated that a Sacramento County judge gave him legal custody back in March of 2010 The... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You can file for child custody rights and/or visitation in the court that issued related decisions. The longer you wait to see your children, the more evidence your ex has to support his custody rights over the kids. More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Domestic Violence for California on
Q: What rights do I have as a (CA) homeowner? 38 y.o. abusive daughter to move out?

I filed a 60 day eviction, my very abusive, controlling, manipulative 38 yo daughter (who pays NO bills) I pay her telephone, insurance, and all the normal bills was moving things out, coming back for few days, then gone for a few days, now the days back are longer and longer. I told the clerk... View More

Andy Chen
Andy Chen
answered on Sep 1, 2016

Go through with the eviction or, if you've been abused, get a Domestic Violence Restraining Order and have her move out within a few days.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I took a plea deal in a domestic violence charge. I was given 3 years unsupervised probation. I didnt complete thhe term

I was given 3 years unsupervised probation, fines and had to complete domestic violence and anger management classes. My 3 years will be up at the end of next month and I have not completed all of my classes and have not payed all of my fines. What steps to I need to take to not land in jail again?... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You can file for an extension via a motion in court. You should hire a lawyer to do this for you. 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 and Juvenile Law for California on
Q: A 17 year old is facing domestic violence charges for defending herself against her mother.

My 17 year old girlfriend is constantly assaulted by her mother, bruises, cuts, and when her mom slapped her again my girlfriend hit her mom in the chest. Her mom then called the cops and pressed domestic violence charges against her. She spent the night in holding and has court in 2 weeks. She was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Her attorney may consider pleading self-defense against the allegations. I see no basis for you to appeal, though you may be asked by her or her lawyer to be a witness, if applicable. I see no legal basis for a minor to stay with you. Remember that sex with a minor is a crime in CA, and that... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: i have falling very ill. I have 20 hours of community service and 20 classes left.Under doctors care. What can i do

Never been in trouble. Going to be permanent disabled. Misdemeanor cant walk or sit. Not trying to get out of it but physicaly cant do anything

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

You can petition the court for an extension of time or alternatives to your current community service situation. For example, see: http://www.lacourt.org/division/criminal/CR0028.aspx

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, Family Law, Personal Injury and Civil Litigation for California on
Q: Who can help me to file a domestic violence lawsuit? The abuse caused several chronic mental disorders as a result.

I am the victim of domestic violence by my ex-girlfriend and mother of my two children (age 2 and 5). She resides with full custody of the children in southern California. The incidents occurred at least several times a week in Adelanto, CA and Cabazon, CA from 2008 through 2013.

Evidence... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

First, understand that if the person you want to sue has no significant amount of money, suing them means you spend money and get a piece of paper saying they owe you that you will never collect on. Second if you want to sue her you will have to pay an attorney by the hour to do so. This usually... View More

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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for California on
Q: Can ex husband run off with kids if they have been in my physical custody for over a year.i have a protective order

He's also on probation for felony charges. aggravated assault in the presence of a child. He beat me up in front of our two kids. it resulted in serious bodily injury. I had to receive surgery. We're also still legally married but have been separated since 2014. He was granted visitation... View More

Andy Chen
Andy Chen
answered on Aug 4, 2016

The answer is probably not (i.e. he cannot run off with the kids), but the precise details are going to be complicated if for no other reason than you have Utah and California in the picture. At the end of the day, you need a court order stating that you have full physical custody of the kids and... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I was defending my son from his father and ended up a big argument where his father attacked me will DCFS detaine my son

My finger was fractured. He does not want to leave the house.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 2017

You can file for a restraining order against the attacker. Why would CPS detain your son and take custody away from you, as you ask? I see no reason for that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

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