Get free answers to your Domestic Violence legal questions from lawyers in your area.
For child custody parental determination
answered on Dec 14, 2023
If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More 
As the victim who wants the charges dismissed, what steps should I take in making this go away for the defendant? He was taken in on PC 148(a) (1), PC 273.5(a), PC 136.1(a)(1), and PC 212.5. I never contacted the authorities nor expressed that I wanted any charges filed, they walked up on the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023
In cases of domestic violence, the decision to press charges often rests with the state, not the victim. This means that even if you, as the victim, do not wish to pursue charges, the authorities may still decide to proceed based on the evidence and the nature of the allegations.
If you... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023
As a witness in a restraining order case in California, you can expect to be asked questions about your knowledge of the events and interactions between the parties involved. The questions will be aimed at establishing the facts and circumstances that led to the request for the restraining order.... View More
The prosecutor is defending/upholding the states laws, the defendant has a court appointed lawyer to defend their rights. As a victim I want a lawyer who will defend me and my rights as well, someone to speak where I feel I am not being heard, some guidance. Why are dv victims not represented by... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
In California, the legal system primarily appoints attorneys for defendants in criminal cases to uphold their constitutional right to legal representation. This principle is rooted in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for the accused in criminal... View More
The defendant has been held to answer on 21 charges of domestic violence, 13 of those are felonies.
The victim gave testimony for 6 hours during the prelim. If the victim is unavailable to testify in court at the trial will the prior testimony given during the prelim by used in lieu.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
In California, the use of a domestic violence victim's testimony from a preliminary hearing at trial, when the victim is unavailable to testify, depends on specific legal criteria. Generally, the Sixth Amendment's Confrontation Clause guarantees a defendant's right to confront... View More
must he be released within 48 hours of the arrest if files are not charged before then? also as a victim who was given no say and wants the charges completely dropped is it a good idea to contact the da while it’s pending to communicate my stance and or demand answers for the pending status?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
In California, if an individual is arrested and detained, the district attorney generally has 48 hours to file charges. If charges are not filed within this period, the individual must usually be released. However, this timeline can vary depending on weekends and holidays. It's important to... View More
My boyfriend was arrested for domestic violence there was a temp ro then another issued in court and then canceled I was not aware of another one being ordered we moved to ND and he was arrested there for violation of a foreign protection order I want to ask the court to terminate it but the courts... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023
To request the termination of a restraining order in California, you first need to file a request with the court that issued the order. This is typically done by submitting a form, which can often be found on the court's website or obtained at the court clerk's office. The form is usually... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023
In California, the situation you described raises serious concerns about the confidentiality and duty of care owed by probation officers. If a probation officer disclosed information to your attacker that led to threats against you, this could potentially be a breach of their professional duties.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023
In California, even if your ex-boyfriend gives you consent to slap them and you act on it, this does not necessarily make it legal. Consent can be a complex issue in cases of physical altercations. If the slap causes harm or is perceived as an assault, it could still be subject to legal... View More
Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023
Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to... View More
I already asked once for one
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In California, there isn't a set limit on the number of continuances you can request in a domestic violence case. However, it's important to understand that each request for a continuance is subject to the court's approval. The decision to grant a continuance depends on the reasons... View More
A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 26, 2023
In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false... View More
Hello!
My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
I'm sorry to hear about the situation with your sister. It's important to note that the bond amount for domestic violence charges can vary widely depending on several factors, including the severity of the charges, the jurisdiction, and the individual's criminal history. Since your... View More
My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
The role of a bail bonds company is to provide a surety bond, which allows a defendant to be released from jail before their court date. In your sister's case, the bail was set at $50,000, and typically, a bail bonds company charges around 10% of the bail amount as a non-refundable fee. So, a... View More
Hello!
My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023
Under California law, the bond for domestic violence charges varies based on factors like the severity of the allegations, prior history, and local jurisdictional guidelines. It's essential to understand that even if her husband isn't pressing charges, the state can still pursue the case.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023
If you are facing difficulties affording domestic violence classes in California, there are several steps you can take. First, consider reaching out to local domestic violence organizations or shelters. These organizations often have resources or can direct you to low-cost or free programs. They... View More
they have not spoken with me in months and ive been told to just move on but the thing is if I do that and then they decide to come back and im with someone else, then id be considered cheating? even though its been moths, so id want an official statement or something
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023
In California, there isn't a specific court procedure to compel a domestic partner to respond to a notice about the status of your relationship. If you're concerned about the implications of moving on, it's important to understand that being in a domestic partnership or a similar... View More
Spouse arrested for domestic violence along with a felony vandalism
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
Under California law, you can request a restraining order against your spouse immediately following an arrest for domestic violence. There is no mandatory waiting period to apply for a restraining order in such cases. The courts prioritize these requests due to the urgent nature of the... View More
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
answered on Nov 3, 2023
It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You... View More
The judge granted it..
The first order I was completely off guard. The judge granted it on "Escalating Anamosity "
How do I fight this one to see my grandchildren
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023
In California, if a restraining order has been renewed or extended without your knowledge due to lack of service, you should consider filing a motion to dissolve or modify the restraining order, explaining the lack of service and presenting your case. Proper service is typically required for a... 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.
