Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: Girlfriend getting abuse from father. Mum is there but doesnt know if she can report it to the police Can he be arrested

My girlfriend is getting physically, mentally and sexually abused by her father. Her mum recently moved back in with the family. Being seperated from them for years. My girlfriend has told her everything that has happened to her over the years. They both don't know if they can report it to the... View More

Andy Chen
Andy Chen
answered on Aug 4, 2016

There is no guarantee of anything so it is possible the dad may argue this is a custody ploy by the mom. However, the alternative is to basically let your gf continue to be abused. There's a variety of options here -- calling the cops, seeking a restraining order, pursuing a criminal case,... View More

2 Answers | Asked in Personal Injury and Domestic Violence for California on
Q: I was attacked by my girlfriend a couple of months ago. What recourse do I have?

She attacked me. In trying to get her off me, she sustained a couple of bruises to her arm and neck. I had a black eye and scratches all over my face and chest. The next day, she filed DV charges against me. I pled to a lesser battery charge since I did cause her injury, even if it was defense. Can... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 31, 2016

You can try but they don't have to take it. Talk to your attorney who you had when you plead.

View More Answers

1 Answer | Asked in Domestic Violence, Divorce and Family Law for California on
Q: Do a wife have the right to call a restraining order against husband for sleeping in marital bed with her?

I have filed for divorce and both names are on lease of rental. But i been sleeping on the couch and i can only sleep in bed if she is at work but if she is sleeping i cant come to the bed. Now we not doing intimacy or even touching but she feels at this point we r separated and i am invading her... View More

Joseph Torri
Joseph Torri
answered on Jan 5, 2017

This is a delicate situation. If she doesn't want you in the bed with her, you may want to avoid conflict and take the couch. Although the bed is a community property asset, your wife could make up an allegation and possibly obtain a restraining order. Although there is a possibility of a... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Criminal Law for California on
Q: In CA, is there limit to how long one may file report for being physically attacked twice by landlord/roommate?

I was attacked by my former roommate/landlord on two separate occasions, the last being in Jan. 2016. SHE called the police both times and stated in both calls to 911 that she had hit me. The first time, her and her boyfriend left before the sheriff showed up. I covered for her saying it was an... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

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 about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: Former landlords/roommates physically attacked me twice. They refuse to return my 2 Cats and disposed of my belongings.

They showed up at my work, caused a scene & I subsequently was let go They disposed of ALL of my personal belongings within a few days (including my deceased husband's ashes). They agreed to care for my cats until I got settled in a new place. They refused to communicate except to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You can contact the police to report the attacks and theft. You may have a case to sue for conversion of personal property and breach of lease agreement. As for the disposal of your property at your rental home, did you receive any sort of notice of abandonment? See:... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Military Law for California on
Q: I need assistance with filing a Civil Harassment Restraining order against my sister-in-law. How can I get assistance.

I am 100% disabled and she harassed me and I feel unsafe in my own home. She's also antagonizing my nine year old son and he is afraid of her as well.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

See the free court forms on the CA courts website: http://www.courts.ca.gov/1044.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 about me, my credentials, awards, honors,...
View More

1 Answer | Asked in Domestic Violence for California on
Q: can i find out if a new friend has had a domestic violence charge
Andy Chen
Andy Chen
answered on Aug 4, 2016

You may be able to go to the courthouse and look it up at the clerk's office. You may not be able to view the file, but you may be able to find out if a case exists.

1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for California on
Q: My husband went to Mexico and on his way back he got held by border patrol in calexico CA for a warrant and

he got transfer to the jail close to the border in us there waiting for the county that he got the warrant from picks him up to transfer him in the jail.how long can they keep him waiting I've done some search and I have found that they can only have him for 72hours if they don't pick him... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 26, 2016

It depends on several other factors, you should really consider getting yourself an immigration attorney to get your husband out with a bond. We have helped several immigrants get an ICE bond and residency in the U.S. If you would like a free consultation feel free to contact my office... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: What steps to take as an (adult) daughter living with parents and the father is extremely abusive?

Important to note the parents speak little english and are chinese. Family is comprised of parents+two daughters, one 23 one underage.

Theyre technically legally divorced but live together.

The mother is hesitant to take action out of fear for her life.

The father is... View More

Susan G. Cohen
Susan G. Cohen
answered on Jul 4, 2016

From the way you have worded your question, it sounds as if you are a friend or family member. You are describing a very dangerous situation. If a minor child is at risk, you may want to encourage the mother or adult child to reach out to either the police or Children's Protectve Service.... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does a court still retain jurisdiction over someone if due process was violated but caught later in the case?California

I was lured to court by an improper ex Parte notice of a fraudulent complaint. While there for the complaint, I was then served a summons for child custody. I had no time to reward docs before judge heard the case and said this at the time. If the complaint is proven fraud, does the summons have... View More

Susan G. Cohen
Susan G. Cohen
answered on Jul 2, 2016

Your question is unclear. If family court gets jurisdiction because someone has appeared in court, the court may have jurisdiction for that case or hearing. Usually due process issues have to be raised by a party immediately. Could you provide more details, please.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: How can I proceed in keeping custody of my child in CA? Im a fit mother with a 2 yr old girl. Im from Ohio.

I have lived in CA for 10 years and left my ex due to abuse. I showed up to court on an ex parte with he and his attorney and its been downhill since. I am loosing custody to an abuser who has hired an attorney to abuse the system to obtain orders. Im a fit mother who has done everything right... View More

Susan G. Cohen
Susan G. Cohen
answered on Jul 2, 2016

Was there a trial in Ohio? If the Ohio Courts have already held a trial and entered custody orders, unfortunately the California Courts are bound by that order or judgment. It is very difficult get California even to accept jurisdiction if there is still a case pending elsewhere. Your local... View More

1 Answer | Asked in Juvenile Law, Criminal Law and Domestic Violence for California on
Q: If a 14 year old girl gets into a fist fight with her 48 year old mom what are the consequences.

The 14 year old doesn't have any bruises but the mom was scrapped by nails on arm. But mom did bang the girls head into the house wall multiple times. Would either of them go to jail

Susan G. Cohen
Susan G. Cohen
answered on Jul 1, 2016

The 14 year old child would be subject to Juvenile Court Jurisdiction. Juvenile Court has discretion about how to deal with the child. The mother is an adult. Given the level of force you describe, it is likely that the local District Attorney might bring serious charges against the mother.... View More

1 Answer | Asked in Domestic Violence for California on
Q: My boyfriend is in jail for domestic violence and he has priors. Will he do prison time?
Gina Marie Famularo
Gina Marie Famularo
answered on Jan 18, 2016

He could. It probably depends more on if he is on parole. If he is, it will be a violation. If no, they will likely have him spend a few days in jail and place him on probation.

1 Answer | Asked in Domestic Violence for California on
Q: How do we get rid of a so-called son-in-law who bullies us (my wife and I) constantly?

He bullies us for any tiniest incident and makes it into a major argument whereby he gets up into our faces (6 inches or closer) and starts to yell. My wife and I (I'm 78 and my 72) are afraid he will do something physical because he has beat his wife (my daughter) in the past. He wants us... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Jan 18, 2016

This sounds like elder abuse. You need to get an attorney as soon as possible to protect you. Get a restraining order. If your son-in-law is living with you (and it sounds like he is), you can kick him out in a day or two. Please do not try to do this on your own. The situation sounds volatile.... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have a DV order that I am in process of having lifted and I was arrested, can she go with me to court?

I was arrested after an officer brought her to our mutual home as I was leaving and arrested me for the violation. I have court tomorrow and wanted to know if it would benefit me to have here there to say that she is trying to lift the RO.

Gina Marie Famularo
Gina Marie Famularo
answered on Jan 18, 2016

Yes it would, but if you were arrested, there may be a restraining order against you and speaking to your wife may be a violation!

1 Answer | Asked in Domestic Violence for California on
Q: I was falsely acuse of DV. Went to court and judge order that every Sunday i meet up with mother at public place to take

my son for the day but the mother never showed up and turns out that she saids she left to Mexico. I'm a resident but my girlfriend and son aren't. What can i do.I also has a restraining order to not get near her.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

Hire an attorney?

1 Answer | Asked in Domestic Violence for California on
Q: My boyfriend hit me 2 month ago, I have picture and scares and therapist statement. is too late to report it and proof i
Barry L. Adams
Barry L. Adams
answered on Oct 16, 2015

No, you can and should report this.

1 Answer | Asked in Domestic Violence for California on
Q: How can i get peaceful contact with my husband if a restraining order was placed by a judge???

The Court Ordered a 3yr restraining order so we cant see each other but how does that work if we are married have kids and is the only provider an is also talking DV classes???

Andy Chen
Andy Chen
answered on Oct 9, 2015

You can ask the judge to modify the restraining order to allow for some kind of peaceful contact. How this will be done depends on the facts of your case. I usually see this done at a secure location, like a police station. You'll likely need to have some good reason to want to see your... View More

1 Answer | Asked in Domestic Violence for California on
Q: I got charged for domestic violence but I wasn't the attacker. What can I do to fix this?

My boyfriend and I were living together where there were numerous roommates. We got into an argument and I was attacked. When the police came, they arrested me but I was the victim. What can I do?

Andy Chen
Andy Chen
answered on Oct 9, 2015

You have to defend yourself in the DV case and prove somehow that you didn't commit DV. If there were other roommates there, maybe they can be witnesses.

Andy

1 Answer | Asked in Domestic Violence for California on
Q: Can I file charges against my spouse for stabbing me,after I was arrested for D.V..

To protect my wife from arrest I lied and said I fell through the ceiling. To cover herself she said "she was in fear of her life so she stabbed me". She becomes violent and starts hitting and throwing things in anger knowing I won't touch her. She had no marks or injury to show.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 27, 2015

Can you make this question any more confusing? You ask if you can file charges for your wife stabbing you and then you say that nothing could have transpired that would result in stabbing. I don't get it. You do not file charges, the prosecutor does based upon facts that the cops give them,... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.