Get free answers to your Domestic Violence legal questions from lawyers in your area.
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
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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
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answered on Oct 29, 2023
In California, a parent wishing to change a child's name must obtain the consent of the other parent or provide legal notice of the proposed name change. If the other parent objects, the court will decide based on what is in the best interest of the child. Your stalking conviction, depending... View More
My ex wife is in jail for domestic violence but she didn’t show up to her court date and she hasn’t post bail what can happen to her? We have 3 kids I have temporary custody of them can she get custody back?
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answered on Oct 24, 2023
If your ex-wife missed her court date related to a domestic violence charge in California, the court may issue a bench warrant for her arrest. While she's incarcerated and has not posted bail, she remains subject to the consequences of her pending case. In family court, her current... View More
I left the petitioner, he moved out of my family home residence 5/5/2022. I made a big mistake transporting/aiding & abetting illegal aliens in a desperate attempt to make money. I was arrested for it on 4/14/23. I served a sentence of 5 months&a week (time served & released 9/18/23). I... View More
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answered on Oct 21, 2023
I'm truly sorry you're going through this difficult situation. To defend against false allegations in a DVRO hearing, consider the following steps:
1. Gather any evidence that can refute the claims made against you, such as text messages, emails, or any other forms of... View More
I also have considered walking around the house when she's here with my katana on my back in case you decides to attack me again but that's probably not okay is it?
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answered on Oct 14, 2023
I'm sorry to hear about your situation. In California, victims of assault can seek a civil restraining order against their assailant, which would prohibit them from coming near you or contacting you. This might provide some measure of protection without involving criminal charges. However,... View More
Filing a domestic violence, restraining order on me when I have not even seen this woman in over four years and have had absolutely no contact with her due to the fact that she either blocked me or changed her phone number at least a year ago! And what I am wondering is, can I get the whole order... View More
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answered on Oct 12, 2023
Under California law, while a restraining order typically arises from relationships defined by family, cohabitation, or intimate involvement, other types of restraining orders can be sought, such as civil harassment restraining orders, for broader categories of relationships. To obtain such an... View More
The court told me if I say I’m guilty they give me one year clases for angry management or if not one year to jail with my record. They don’t have prueba that I’m guilty for violence domestic I wasn’t in the place when the violence occurred. The other person sue me after 5 weeks of the... View More
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answered on Oct 9, 2023
You are presumed innocent until proven guilty. The prosecution bears the burden of proving guilt beyond a reasonable doubt. While it's not uncommon for plea bargains to be offered, which might include reduced charges or lighter sentences in exchange for a guilty plea, you should never feel... View More
My ex-husband's spouse worked/works at that venue as a clerk. I have paid for a CD of my children's interview with the judge but received another full recording of another family court case. I contacted the courthouse and was told to return it and they will send me my copy. The judge has... View More
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answered on Oct 10, 2023
Generally, to change venue in a family law case, one would file a motion requesting the transfer, outlining the reasons for the request. Potential bias or impropriety, like a conflict of interest due to the employment of an ex-spouse at the venue, could be pertinent reasons. The mishandling of your... View More
Do I get our child 14 I don't want to violate IL order but cal temp dvro states she is protected against him. She is in school and custody is not decided in divorce. What do I do?
answered on Oct 2, 2023
You need to hire an IL attorney who regularly practices divorce law in the Court hearing your case there. IL has jurisdiction regarding your child. You need to file an appropriate motion in that court advising it of the CA order which is in conflict with the IL order. This is not something to... View More
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against... View More
answered on Oct 3, 2023
You need a good lawyer to help you. I should tell you, however, that volleyball practice is never an acceptable alternative to meeting with the people who are deciding your fate regarding your children. My advice to you is not to rely on something like that as an excuse to miss an important meeting... View More
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answered on Sep 28, 2023
Yes, you can present arguments and case law to the judge in a family law case regarding disabilities and the best interest of the child, as long as it is relevant and supports your client's position. It is a common practice to provide legal authorities and persuasive arguments to assist the... View More
Father keeps filing motions and then not taking the time . Has done no therapy for child or with child and keeps child from therapy’s . Child does therapy with mom every day in home with doc . Though ordered to continue dad has not done anything . It Is now impacting child’s progress and mental... View More
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answered on Sep 28, 2023
In this situation, given the urgency and your circumstances, I would recommend seeking assistance from a local legal aid organization or a pro bono attorney who can help you file a motion to address the father's non-compliance with court orders and the impact on your child's well-being.... View More
My sister and I have been living with her friend she met while working at Kaiser Hospital in San Francisco. For the last nine years we have been living in Fair Oaks, CA. The home belongs to my sisters friend. My sister and I are both low-income senior citizens. I trade work for rent and... View More
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answered on Sep 24, 2023
In California, if a tenant believes they are being harassed or bullied by their landlord, they can contact local law enforcement to report the behavior, especially if it becomes threatening or violent. Additionally, a restraining order might be sought if the harassment reaches a level where one... View More
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answered on Sep 19, 2023
If the person you're filing a restraining order against is in jail, you should typically serve the papers to the jail or correctional facility where they are incarcerated, following the appropriate procedures for service of process. Consult with the court clerk or an attorney to ensure you... View More
The documents and of course they never arrive in my email so I ask her again. What the deal is. She tells me how busy she is on and on and on now I just received a restraining order against me by the person who has taken my child and kept her from me all the while letting her brother see our child... View More
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answered on Sep 13, 2023
I'm really sorry to hear that you're experiencing this. It sounds like a very stressful situation. It is critical to maintain open lines of communication with your attorney; if your current attorney is not responsive, you may consider sending a formal letter expressing your concerns and... View More
Children are being abused by step mother and their father . Children are to scared to say anything.
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answered on Sep 7, 2023
I'm very sorry to hear about your situation. In California, if you find yourself wrongfully accused of kidnapping, it is crucial to immediately seek legal representation to advocate for your rights and protect your interests. It would also be beneficial to gather any evidence you have that... View More
I have an ongoing criminal investigation that has not yet been submitted to DA, I am aware that in these cases it is a lot of he said/she said. My ex beat the crap out of me and stalked me when I tried to leave, he is denying everything and saying that I am an alcoholic and actually I am abusing... View More
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answered on Sep 7, 2023
I understand that you're going through a highly stressful situation. In California, character reference letters can sometimes be utilized to bolster a defendant's credibility or to shed light on their personal history. In this scenario, obtaining letters from previous partners attesting... View More
My ex boyfriend/ Childs father cried victim, and has videos of me standing in front of the door crying during an argument. Before he started recording almost every time before he had pushed me, shoved me, hit me, put me in a choke hold etc. he would then start recording me as I was crying asking... View More
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answered on Sep 6, 2023
Under California law, standing in a doorway is not inherently illegal, but physical violence or abuse, such as pushing, hitting, or kicking, is unlawful and can result in criminal charges and restraining orders. In a custody case, it's crucial to gather evidence, including photos of injuries... View More
Case is not pressing charges. He has been in jail for 10 weeks for this. Do you think they will let him out after his Donal hearing, or do you think he will have to go to prison over this?
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answered on Sep 4, 2023
In California, even if the victim does not wish to press charges, the prosecutor can still proceed with the case if they believe there is sufficient evidence to convict. A third domestic violence charge is treated seriously and could be categorized as a felony, carrying substantial prison time if... View More
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