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California Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I want to drop the charges against my boyfriend in San Joaquin county of dv. The charges are way worse that the event

The police made it seem way worse on paper

James L. Arrasmith
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answered on Feb 6, 2024

If you wish to drop charges against your boyfriend in a domestic violence case in San Joaquin County, it's important to understand that the decision ultimately lies with the prosecuting attorney's office and the court system. You can express your desire to drop the charges, but it's... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Ok I'm going thru a domestic violence case and the person who did this to me had stolen a bunch of items and money help
James L. Arrasmith
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answered on Feb 5, 2024

If you're going through a domestic violence case in California and the person responsible has also stolen items and money from you, it's critical to report these thefts to the police as soon as possible. Provide them with any evidence or information you have regarding the stolen items and... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Please I need help. The DA is charging my husband with two felony dv charges. I'm the victim. I want the CPO terminated

The DA is intimidating me and scaring me with the plea bargain that they are offering. I just need to talk to an atty who will answer some questions

James L. Arrasmith
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answered on Feb 4, 2024

If you're feeling intimidated by the District Attorney's office regarding your husband's case and the plea bargain being offered, it's important to know that you have rights and options. The Criminal Protective Order (CPO) issued in domestic violence cases is intended to protect... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Is there a CA Rule or Case Law for granting a DVRO to an abuser when one was already in place for the victim?

My DVRO as a victim, backed by a police report and medically noted injuries was in place first. In retaliation, the abuser filed his own DVRO in another county and the judge gave it to him.

Is this allowed? Is it illegal error? Was the judge supposed to wait for the outcome of mine before... View More

James L. Arrasmith
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answered on Jan 29, 2024

In California, the issuance of a Domestic Violence Restraining Order (DVRO) is governed by the evidence presented in each specific case. It's not uncommon for both parties in a domestic dispute to seek restraining orders against each other. The law doesn't automatically preclude granting... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I need help, citing caselaw regarding a motion to vacate a DVRO and I’m the PD confirmed victim.

Hi Lawyers,

I’m filing my own motion to vacate a DVRO that my abuser was granted, but me the victim with hospital records, police report and confirmation of charges pending against my abuser didn’t get one HAHA!

I have a new judge now and I need help citing caselaw in my motion... View More

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, where you're seeking to vacate a Domestic Violence Restraining Order (DVRO) that was granted to your abuser, it's crucial to provide solid legal grounds for your motion. Citing relevant case law can strengthen your argument, especially if you believe there was judicial... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: Hi my ex boyfriend has been stalking me for about six months and I need help on how to get a restraining order

He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More

James L. Arrasmith
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answered on Jan 28, 2024

Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.

Begin by...
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1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Domestic Violence for California on
Q: Is it assault when emp.of Shell Gas s/ Chases me to RR I'm squatting ovr toilet places her knee my genitalia pushn me2

2 get out holding the door wide.Open4the garbage man 2 see me that was pullin up.This is a second incident that happened that I recorded a year prior. She didn't want me to use the restroom until I purchased the car wash. I went there to go get after coming out of bathroom. She calls me... View More

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answered on Jan 26, 2024

Under California law, the situation you described may constitute assault, especially if there was intentional and unlawful physical contact or a credible threat of harm. Placing a knee on someone's genitalia, as you described, could be seen as an offensive physical contact, which is a key... View More

1 Answer | Asked in Civil Litigation and Domestic Violence for California on
Q: Ex leveraging me to pay him for gifts, breast Augmentaion i got he wanted. Wont give me my things back.

I left because of domestic Violence, made police report already.

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, if you've left a domestic situation due to violence and your ex-partner is withholding your personal property, there are legal steps you can take. First, it's important to understand that personal property you owned before the relationship or acquired independently... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Judges forced child back to her abuser twice and limited my rights for trying to protect. There's proof of child abuse

Two judges in same county seem bias and are failing to protect . Lied to my child in remote hearing to get her back there,threatened me with child abduction unit and denied child counsel, she's being punished for speaking up and doesn't trust anyone now. Can anybody do anything? No legal... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, if you believe that a judge is acting with bias or failing to protect a child, there are steps you can take. Firstly, consider filing a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct and can take... View More

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was detained but not arrested and no charges were filed. But I called the bail bonds to bailout but I got a detention

But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?

T. Augustus Claus
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answered on Jan 19, 2024

In California, if you were detained but not arrested, and no charges were filed against you, it's uncommon to post bail since bail is typically associated with formal charges. If you contacted a bail bondsman and paid for a bail bond despite not being formally arrested or charged, you may have... View More

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Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: Will I be in trouble for withholding my son from visitation with his father after learning of abuse and filing w/ CPS?

My six-year-old son told me this week that his father had pulled him down from his top bunkbed and he fell on head/back on hard floor, then father punched him in chest and slapped him while using profanity toward him. I filed with CPS. His father has an extensive DV background with me, and one... View More

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answered on Jan 18, 2024

Under California law, the safety and well-being of your child is of utmost importance. If you have genuine concerns about your child's safety due to alleged abuse, you have the right to take steps to protect them. However, withholding visitation can be legally complex, especially if there is a... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for California on
Q: I own a property 50/50 We already signed docs for the sale of the property but domestic violence was involved Jan 14

I don’t want to sell as I do not have a place to move to - escrow was opened yesterday. I own the house 50/50 with who back then was my finance and now my husband

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, if you have already signed documents agreeing to the sale of the property, this generally indicates a binding contract. However, since you own the property 50/50 with your husband, both parties typically need to agree to proceed with the sale. If circumstances have changed,... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Coercion violated parental rights with no right knowingly, maliciously took a child under abuse of power

Sept19,2020 real date of accidental fall,filth district stated March 18,2021 Changed date of there made up incident to forced me to do a 300 b and terminated my parental rights sue to appointed council waiving them without me there he violated my family rights

James L. Arrasmith
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answered on Jan 11, 2024

In California, if a parent believes their rights have been wrongly terminated, they can appeal the decision. This process involves challenging the original ruling in a higher court. It's crucial to act swiftly, as there are strict time limits for filing an appeal.

During the appeal,...
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1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for California on
Q: What can a person do if government takes there CHild under suspicious circumstances?

6 months and no Discovery

James L. Arrasmith
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answered on Jan 11, 2024

Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Los Angeles CA. Is it mandatory to respond in writing to a domestic violence restraining order?

Was served a few weeks ago hearing is at the end of the month. We are in mediation settling afraid my written response might anger, as he's very abusive. Also the restraining order I was served says Denied on it. Thank you

James L. Arrasmith
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answered on Jan 5, 2024

In California, if you have been served with a domestic violence restraining order, it is generally recommended to respond in writing, especially if you wish to contest the order. This response is your opportunity to present your side of the story and any evidence or arguments you have against the... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My ex roommate/landlord filled a false domestic violence restraining order, we never dated, how do i get legal help?

He lied on every page of the restraining order and i don’t have the money for an attorney, what are the chances he’ll get away with it? Can he get in legal trouble for doing this? He’s a licensed therapist. How do i fight this if low income and homeless but can’t get help from any free... View More

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answered on Jan 1, 2024

Facing a false domestic violence restraining order is a serious and challenging situation, especially when resources are limited. It's important to understand that even though you're currently unable to afford an attorney, you still have options to defend yourself. In California, there... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I was a party of a case when I was a child. Can I get access or copies to this case?

I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to... View More

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answered on Dec 31, 2023

In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my

Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else... View More

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answered on Dec 31, 2023

In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the... View More

1 Answer | Asked in Domestic Violence for California on
Q: Could I get in trouble if I contacted my ex-husband mom? If I have a restraining order on me
James L. Arrasmith
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answered on Dec 29, 2023

Under California law, if you have a restraining order against you, it's critical to understand its specific terms and conditions. Generally, a restraining order prohibits contact with the person who sought the order, which in this case is your ex-husband.

However, the order may also...
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