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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Domestic Violence for California on
Q: My ex husband has a spyware on my electronics that gives him a view of my activity but he edit. Admissible?

my ex husband has been tracking everything i am doing on my phone and laptop. I opened a google voice acct walked away 2days later he had called it. He has deleted emails and activity history. I sure hope I am not crazy the service has my laptop now. He has submitted screen shots and defended... View More

James L. Arrasmith
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answered on Apr 25, 2024

Your ex-husband's alleged use of spyware to monitor your electronic devices and edit your data would likely be considered illegal and inadmissible in court. Here are a few relevant points:

1. California Penal Code Section 502 prohibits unauthorized access to computer systems, data, and...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Social Security for California on
Q: I filed soc security as single, now I find I'm still married. Husband gets disability, also filed single. I want divorce

I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.

The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.

James L. Arrasmith
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answered on Apr 25, 2024

I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.

First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was...
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0 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can I have my bond forfeiture case reset?

My notice to appear was sent to the wrong address and returned. I had another court date scheduled on the same day. I was sick with fever for almost 5 days and had the one rescheduled. If I had known there was another I would’ve called them too.

0 Answers | Asked in Domestic Violence and Gov & Administrative Law for Arkansas on
Q: What are the rules and regulations for a no contact order in the state of Arkansas? Also for the victim violating order?

The order was put in place due to false domestic violence charges. The victim continues to contact defendant but only the defendant has got into trouble for it instead of the victim who is responsible for the contact.

1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: Father of my child lost custody due to abuse to the mother, me. I currently have a restraining order against him.

I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.

James L. Arrasmith
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answered on Apr 24, 2024

In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
James L. Arrasmith
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answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
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0 Answers | Asked in Domestic Violence, Federal Crimes, Military Law and Sexual Harassment on
Q: I have in-laws making false sexual assault accusations against me involving my spouse and child. How can i stop them?

I am active duty Army on the cusp of retirement. My family is in TX, the accusers are in GA. This is the second time they've made these accusations. The first time they tried to be anonymous, but it was obvious the source. The alleged assault was ruled out because it was absolutely false.... View More

0 Answers | Asked in Civil Litigation and Domestic Violence for Florida on
Q: Does the petitioner need an attorney at the initial hearing to request dismissal of a temporary injunction in Florida?

As the petitioner in Duval County, Florida, I'd like to have a temporary injunction dismissed. I filed a motion to do so before the hearing, but it was denied. At the hearing, I plan to ask for dismissal on the grounds that the Respondent has voluntarily performed all of the requests in the... View More

0 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Arizona on
Q: Would I be able to press charges against someone who placed a hidden device in the privacy of my bedroom?

I do know the person who did it and am willing to press charges against this said individual should the opportunity arise. But I was curious, what form of state punishment would this person receive if they were to be brought up on "voyeurism charges", and if I wanted to sue this person... View More

0 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Arkansas on
Q: Would it be a crime if I was unlawfully detained and the officer doesn’t include it on the report?

What if I was detained for cursing at an officer on my porch.

0 Answers | Asked in Domestic Violence for Colorado on
Q: I’m the victim in a DV case. I told the DA I was not showing up. They put a warrant out for me I wasn’t personally serve

The subpoena cane in the mail and I told them

i don’t waive personal service. Can they still arrest me for this??

0 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Domestic Violence for Colorado on
Q: If a final judgment was issued for a cpo but respondent could not possibly make the hearing in time frame left is inval?

So opportunity to be heard dictates how many days needed to be able to be heard with out of state hearing after being served because I only had 3 days before hearing tried calling courts and they had no message able to leave to me that is criminal violation of constitutional rights

0 Answers | Asked in Domestic Violence and Libel & Slander for Florida on
Q: can I use an affidavit to prove defamation of character occurred? I deleted the original message by accident.

want to use the person who made the defamatory remark my friend and I read to backtrack to the source and prove my ex, who placed a restraining order against me, did so with malice, with the purpose of causing harm and then continued to abuse me by spreading lies about my person. I was ill prepared... View More

0 Answers | Asked in Domestic Violence and Landlord - Tenant for Louisiana on
Q: can a landlord evict a domestic violence victim who has a protective order in place?

my protective order gives me access to the mobile home the abuser andi co own but the property is owned by a private landlord and now she filed an eviction notice saying the reason is because she wants her property back but i signed a lease how is this legal?

0 Answers | Asked in Criminal Law, Domestic Violence and Health Care Law for Washington on
Q: washington state in a criminal case assault 2 dv charged when violation of a no contact order while in pretrail

found incompetent but have undiagnosed developmental disability and ineffective counsel; but lawyer fails to mention to courts

0 Answers | Asked in Domestic Violence for Texas on
Q: My husband blacked out after drinking, woke up in rage and pushed me by my throat to fridge.

I called cops. And said that he choked me. I did not do report or let them take pics of any Injuries, and they didn't speak to him that night. we've been together 17yrs, have 7 kids and never has this happen. Alchol induced psychosis possibly. We think The cops are trying to get him... View More

2 Answers | Asked in Immigration Law and Domestic Violence for Michigan on
Q: If my husband filed for VAWA and made up a few things about me; is it possible he will get his papers?

My husband filed for a VAWA. He made up a few things about me when he spoke to his lawyer. I found this out because he asked me for help on one of his papers. Obviously, I read everything and got angry. Some of things he said was true but some were false. He made this ugly character of me. I was... View More

James L. Arrasmith
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answered on Apr 20, 2024

I'm sorry to hear about the difficult situation you're going through. It's important to address the complexities of your husband's VAWA (Violence Against Women Act) application, especially since it involves false accusations. Whether his application will be successful can depend... View More

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0 Answers | Asked in Family Law and Domestic Violence for Texas on
Q: Can I file restraining orders on my ex husbands family?

He is in jail, hold without bond, on felony charges VOPs. Retaliation runs in his family and they are just TOXIC people. I fear for my daughter and my safety at this point.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: mail service of response to request to renew DVRO was returned to sender due to mysterious address issue, what do i do?

Hi! I filed a response to a request to renew a restraining order and had service by mail performed this week. Server already filled out and I filed the proof of service document, however it looks like the actual envelope itself was returned to sender/the server due to an address issue. Correct... View More

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, when a restraining order response is served by mail and the mail is returned as undeliverable, you should take the following steps:

1. Check the address: Double-check that the correct address was used for the other party. If there was an error, correct it and attempt...
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