Get free answers to your Domestic Violence legal questions from lawyers in your area.
I’m currently being evicted from my home but not named in the case and did not participate in it. All occupants is the name on the paperwork. I was served a notice to vacate and the date is set for before he has court. At same time, I’m currently involved as the victim with my partner, who also... View More 
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answered on Mar 20, 2024
In your situation, where you're involved in both eviction proceedings and a criminal case, it's crucial to approach each case properly. For the eviction, if you are not named in the lawsuit but are an occupant, you still have rights. In California, all occupants have the right to be heard... View More
I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More
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answered on Mar 20, 2024
Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More
I would like to get a new restraining order, but there has been no contact with he perpetrator for two years because there was an active restraining order, but that expired last year.
Can I use past expired restraining orders and those past act of abuses stated in the expired restraining... View More
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answered on Mar 16, 2024
In California, you may request a new restraining order even if your previous order has expired and there has been no recent contact with the perpetrator. The court will consider your application based on the history of abuse, including acts detailed in previously granted restraining orders.... View More
Court Claimed I Was evading service which is not true so he allowed service by mail. I did not attend the first hearing and that's why. As I was never served in person and I am located in another state. Got papers to a mail po box, is that a legitimate service ? I did not sign to anything, a... View More
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answered on Mar 16, 2024
In California, courts can permit service by alternative means (such as publication) under certain conditions, especially if they believe you are evading personal service. This kind of service typically requires the court to be convinced that reasonable efforts were made to serve you in person... View More
My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More
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answered on Mar 15, 2024
If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More
We are both addicts. His violence has increased alongside his paranoia and hallucinations. I do not believe he is irredeemable he is sick and research consistently shows that jail time can be criminogenic and would almost certainly make him worse and do nothing to address the underlying issues.... View More
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answered on Mar 15, 2024
In California, advocating for substance abuse treatment over jail time in cases involving felony domestic violence (DV) charges requires a comprehensive approach. As the victim, your perspective is crucial, and expressing your desire for the accused to receive treatment rather than incarceration... View More
She has been adopted in 2010 but now wants to live with Me She continues to run away
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answered on Mar 13, 2024
I'm so sorry to hear that your daughter has suffered abuse. This is a very serious situation that requires immediate attention. Here are some steps you can take under California law:
1. Report the abuse: Contact the local police department or sheriff's office to report the abuse.... View More
I live in a different state and I just got documents in the mail with a notice of hearing of DV restraining order from California. Court claimed I am evading service on the 1st hearing, so they allowed the other person to serve me by mail. I need to dismiss or quash this as I am pretty sure the... View More
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answered on Mar 13, 2024
I understand that you are dealing with a complex legal situation involving a domestic violence restraining order filed against you in California, while you reside in another state. It appears that the court allowed the other party to serve you by mail, claiming that you were evading service.... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
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answered on Mar 11, 2024
Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More
I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More
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answered on Mar 11, 2024
I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.
It sounds like there are several critical issues to address legally:
1. Getting the false... View More
California Court claimed I was evading service when I was clearly in my home state the same day the Restraining Order was filed against me. Sheriff served me over the phone and insisted it is legitimate, failing to tell me what is it about and failed to give me the exact court date. An attorney... View More
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answered on Mar 8, 2024
Based on the information you provided, it seems that there may have been some procedural irregularities in how the restraining order was served and how the court determined that you were evading service. Here are some steps you can consider:
1. File a motion to quash the restraining order:... View More
I live in a different state and a domestic violence restraining order was filed against me in California and the hearing is soon. I have never been served but learned about it thru the sheriff on the phone. What forms to file to quash it and when to do that. Is quash the right term ? Do I wait till... View More
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answered on Mar 2, 2024
When dealing with a situation like this, it's crucial to take immediate and informed action to protect your rights, especially given the complexity of handling legal matters across state lines.
First, regarding the term "quash," it is indeed used in legal contexts to refer to... View More
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.
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