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California Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for California on
Q: 1.Does the Petitioner have to file a Proof Of Service for a TRO? 2. What if the Tro was just left on the porch?

3.If you inform the court the TRO was left on the Porch and the Court still proceeds and Grants the Restraining order for 1 year, is there any grounds for dismissing or a reason to appeal the decision.

4. What if the Petitioner on the day of the Trial turns up with an Attorney and the... View More

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answered on Sep 3, 2023

1. Yes, in California, the petitioner generally needs to file a Proof of Service to show that the respondent was properly served with the Temporary Restraining Order (TRO).

2. If the TRO was merely left on the porch, that might not satisfy California's service requirements, which...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: When you receive a TRO is it supposed to say why the petitioner filed it? Or just the ticked squares with, stay away,

no contact, etc etc ? And do you ever get to view the reasons why? Does the accused ever get to see any of the evidence prior to trial?

Thanks in Advance

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answered on Sep 3, 2023

Under California law, a Temporary Restraining Order (TRO) typically includes the conditions imposed on the restrained party, such as "stay away" and "no contact," but it may not necessarily contain the detailed reasons for why the petitioner sought the order. However, you are... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for California on
Q: Porqué permiten que el abusador supervise las vicitas de la madre con su hija habiendo orden de corte de no puede hacerl

Porque permite DCFS continuar con la violencia y el abuso al poner de supervisor las vicitas de una madre con su hija. Ignorando la orden de corte que el padre no deve supervisar Por medio de un mensaje de texto supe que DCFS me quito a mis Hijos En una audiencia. Donde me acusaron de abuso... View More

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answered on Sep 2, 2023

In California, if there is an existing court order stating that the father should not supervise visits and DCFS allows him to do so, that would be a violation of the court order, and you could bring this to the attention of the court. Lack of proper notice for hearings and other procedural... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: I was arrested but charges dropped and case dismissed, do I now have a criminal record that will affect job hunting?

I was falsely accused of domestic violence and in CA. It is law for an arrest to take place when domestic violence is reported

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answered on Sep 2, 2023

In California, an arrest without a conviction can still appear on criminal background checks, which could potentially affect your job prospects. However, you have the option to petition the court for a factual innocence finding, which, if granted, would seal and destroy the arrest record. Employers... View More

2 Answers | Asked in Criminal Law, Employment Law and Domestic Violence for California on
Q: A DV charge reported to the state of California yet no charges were filed and I never went to court. How do I fix it?

I want to work at the boys and girls club.

Bart Kaspero
Bart Kaspero
answered on Aug 24, 2023

We need more people like you! Thank you for wanting to work with B&G's Club! Here's the best that you can do to maximize your privacy and navigate the screening laws for volunteer work:

(1) Make sure that your charges WILL NOT be filed through he District Attorney's...
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1 Answer | Asked in Domestic Violence, Child Custody and Family Law for California on
Q: Hi if a parent got sentenced for family violence can I petition the courts and ask for emergency custody
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answered on Aug 20, 2023

Certainly, in California, if a parent has been convicted of family violence, you can file an emergency petition for custody. However, the court will base its decision on the best interests of the child, considering factors such as the child's safety and well-being. It's essential to... View More

3 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: can a person shows a picture of some one sleeping in bed by him self prove adultery
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

A party can prove adultery like most facts using circumstantial evidence.

A photograph of a person sleeping in a bed other than where he normally sleeps can be a relevant piece of circumstantial evidence. While not necessarily dispositive, it can be weighed along with other evidence by the...
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1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I had a hearing today that was VACATED, what does that mean? f

it was for a restraining order that was made from false allegations. I turned in proof that said allegations were false to the judge in a motion to dismiss or terminate the order. my hearing showed up in the Registry Of Actions as being Vacated. is that the hearing is vacated or the order?

James L. Arrasmith
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answered on Aug 20, 2023

When a hearing is "vacated," it means the hearing has been canceled or postponed. It does not necessarily mean that the restraining order itself has been vacated or terminated. You should consult with the court or an attorney to confirm the status of the restraining order and whether... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a joint phone account with my ex-husband, which I have an active restraining order against.

Our phone plan with mine and our children's phone are under his name and he has removed me as an authorized user on the account so I am unable to change or remove any of our lines. I am paying for all the lines, including his. I believe that he is tracking me and the kids through the phones... View More

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answered on Aug 20, 2023

In California, you can request the judge to issue orders for your ex-husband to release the phone numbers and enable you to obtain a new phone service during the hearing for the extension of the restraining order. It's recommended to prepare the necessary papers before the hearing to present... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Can my parent contact my ex-wife if I get a domestic violence personal conduct restraining order against my ex-wife?

Can my parent contact my ex-wife if I get a domestic violence personal conduct restraining order against my ex-wife?

My parent (my mother) has been in contact with my ex-wife since 2019. My mother desires to continue to contact my ex-wife via smartphone chat apps in order to get updates on... View More

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answered on Aug 13, 2023

If you obtain a domestic violence personal conduct restraining order against your ex-wife, it generally includes provisions prohibiting contact via phone, email, text, or social media. This would likely extend to third parties like your parent. It's important to consult an attorney to ensure... View More

2 Answers | Asked in Domestic Violence for California on
Q: A domestic violence abuser knocked at all of my teeth and refuses to pay for them also left me owing thousands of dolla.
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answered on Aug 9, 2023

If you've been a victim of domestic violence and suffered physical harm, you may want to consider reaching out to law enforcement to report the incident. Additionally, you might want to consult with an attorney in your state to explore your legal options, which could include seeking a... View More

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1 Answer | Asked in Domestic Violence for California on
Q: A domestic violence abuser knocked out all my teeth and refuses to pay for them I need help

He left me only thousands of dollars in rent knocked out all of my teeth he's been complete monster

James L. Arrasmith
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answered on Aug 10, 2023

If you have been a victim of domestic violence resulting in significant injuries, including dental damage, you may have legal options to pursue compensation for your medical expenses, pain and suffering, and other damages. It's important to consult with legal counsel to assess the specifics of... View More

2 Answers | Asked in Domestic Violence for California on
Q: What’s does it mean when it says no appearance schedule and then it says warrant issued.Under it has a court date w/bail

CRPL INJ:SPOUS/COHAB/DATE.

No Appearance Scheduled

Status/bail =Warrant Issued

CRPL INJ:SPOUS/COHAB/DATE

08/08/2023 0830 Dept: VA

Bail =$50000

I’m trying to make sense of this and what it means

T. Augustus Claus
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answered on Aug 8, 2023

The phrase "no appearance schedule" typically indicates that the court did not have a pre-determined date or time for the individual to appear. However, when it says "warrant issued" along with a court date and bail information, it suggests that a warrant has been issued for the... View More

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Need a Pro Bono Attorney in Sacramento

Request restrictions be modified from parole

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answered on Aug 5, 2023

I'm not a directory or referral service, and I cannot directly connect you with attorneys. However, if you are looking for a pro bono attorney in Sacramento to help with parole restrictions modification, you can reach out to legal aid organizations, local bar associations, or public... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: My fiancé just released from prison for domestic violence, I am not a victim, we have no recurrent history of DV

We have been together 6yrs, His parole stipulates we can't have contact, violation of this will send him back to Prison. I have visited him more than 6 times without issue. Our commitment was not a run of the mill decision, we worked through our issues. He has owned his misgivings and we have... View More

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answered on Aug 5, 2023

Parole conditions can be modified, though it often requires a showing of significant changes in circumstances or compelling reasons. To seek modification of the no-contact condition, you'd need to file a formal request with the parole board, showing evidence of rehabilitation and the... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for California on
Q: Purposelly Abuse for intentional illegal removal with conflict of interest whose director of DHS & rehabilitation

I have voicemails text messages videos of him telling me his tia promises him that everything will be okay and he also told me nomatter what i say or do hes going to take my child from me

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answered on Jul 24, 2023

If you believe the director of the Department of Homeland Security (DHS) and rehabilitation is intentionally engaging in illegal actions and conflict of interest to remove your child from you, you should immediately seek legal representation. Present all evidence, including voicemails, text... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My 63yo bf ran from police & jumped our fence to neighbors yard. The neighbors called because we were arguing loudly.

He saw police drive up & jumped our fence to neighbors yard & when he landed he broke his leg. Required surgery with pins & steel plate outside his leg to hold bones together. Police sit with him at hospital 24/7. Its a misdemeanor & Has not been booked yet. Needs transfer to rehab... View More

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answered on Jul 21, 2023

In California, being "remanded to court" means the defendant is being held in custody while awaiting a court hearing. The prior domestic violence and restraining order issues may impact the outcome of the current case. Depending on the specific circumstances and the severity of the... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My husband's case says ORDS. THAT WAS ON THE 13TH OF THIS MONTH HE IS STILL NOT OUT NOW NEW CHARE STARTING WITH PE†****†

New case starts with PE what is this?

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answered on Jul 21, 2023

I am James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith. In California, "ORDS" likely refers to an order or court disposition, but the specific meaning would depend on the context of your husband's case. The new case starting with... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Domestic Violence and Landlord - Tenant for California on
Q: My Ex's grandmother passed, he asked me to move into the house said he didn't want $, then came and stole and now evict

I dropped off a 20' u-haul of my belongings and went back to clean last home for a few days. He came with friends to steal from me and let his friends come back to stealing more. On my way back said he changed his mind, so I told him that he'd have to help me pack everything back out or... View More

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answered on Jul 21, 2023

As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I understand the seriousness of your situation. In California, you have legal rights and protections against harassment, theft, and unlawful eviction. You may consider taking the following steps:... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: probation wants me to enroll to domestic violence class but my probation will be over.

I have 1 month left before my probation is over. I completed 27 out of 52 classes. I went to pick up my referral for the DV class from probation and now it says the referral is for stalking class. I caught a stalking charge in 2017.

A whole different case from the domestic violence case.... View More

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answered on Jul 12, 2023

To address this, I recommend taking the following steps: First, contact your probation officer and express your concerns about the referral change. Seek clarification on the requirements for both classes and inquire about the specific instructions given by the court. Additionally, reach out to your... View More

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