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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can an ex-boyfriend's refusal to leave after invitation revocation be trespassing?

If you invited your ex-boyfriend into your home but later revoked the invitation and asked him to leave, he refused and became aggressive, leading to a physical altercation where I used pepper spray in self-defense. Law enforcement responded to a 911 call and arrested me for domestic violence.... View More

Robert Kane
Robert Kane
answered on Apr 27, 2025

Yes. An ex-boyfriend's refusal to leave after invitation revocation can be trespassing. This doesn't mean you can just bear-mace him. You didn't mention why you asked him to leave. The police and prosecutor have determined you broke the law. You will need to convince the jury otherwise.

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2 Answers | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for California on
Q: DVRO hearing claims false and custody modification inclusion?

I represented myself in a combined Domestic Violence Restraining Order (DVRO) and modification of custody hearing. Although the claims of domestic violence were false, I lost because I didn't know how to present my case. The petitioner's original DVRO request didn't include custody... View More

Mario Tafur
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Mario Tafur
answered on Apr 28, 2025

The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More

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2 Answers | Asked in DUI / DWI and Criminal Law for California on
Q: How can a DUI defendant speak with a prosecutor in California without an attorney?

In California, I am a defendant in a misdemeanor DUI case and have a private attorney. I was advised by a free advice attorney that the prosecution is looking for evidence to support my claim. I wish to speak directly with the prosecutor to bargain with evidence that they aren't aware of. My... View More

Mario Tafur
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Mario Tafur
answered on Apr 28, 2025

To proceed with direct communication, you would need your attorney’s explicit consent. Alternatively, you could choose to waive your right to counsel, but this is a significant step that requires a knowing, voluntary, and intelligent waiver, as mandated by California law (Penal Code Section... View More

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2 Answers | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for California on
Q: Could telling a child they won't get birthday presents due to lawyer fees be emotional abuse?

My boyfriend's 12-year-old daughter is involved in a custody case where her mother hired a lawyer following the receipt of custody hearing paperwork, leading to $3000 in lawyer fees. Her mother told her she wouldn't receive birthday presents due to these fees. The child has expressed... View More

Mario Tafur
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Mario Tafur
answered on Apr 28, 2025

California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for California on
Q: How to exclude vacated injunction in CA criminal case?

I was charged with violating a civil stalking injunction, even though the injunction was vacated and the service of process quashed due to improper service—the order was never served to me. Despite having official documents confirming the vacated injunction and quashed service from civil court,... View More

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 28, 2025

Your first step should be to file a motion in limine, a pretrial motion to exclude inadmissible evidence. In this motion, argue that the injunction was vacated and the service of process quashed due to improper delivery to a male at a property you no longer owned. Present certified court documents... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for California on
Q: How can I resolve a bench warrant for failure to appear due to work conflicts in California?

I received a bench warrant for failing to appear at my remand date in Visalia, California because I had to work and didn't want to lose my job. I have not notified the court about my situation, but I would like to consult with a lawyer to understand my options. How can I resolve this issue... View More

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 28, 2025

Addressing a bench warrant issued for failure to appear due to work conflicts in Visalia, California, requires prompt and strategic action to mitigate potential legal consequences. Under California law, a bench warrant is issued when a defendant fails to appear as required, pursuant to Penal Code... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue my former psychiatrist for causing withdrawal due to appointment miscommunication?

I live in California. Last year, I experienced issues with my former psychiatrist regarding an unclear appointment arrangement. I expected a phone appointment, but when the psychiatrist didn't call, I contacted her office and was told that I had no upcoming appointments and that she... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 26, 2025

First, note, the deadline to sue doctors in California is one year.

As to a potential case, the first issue did the doctor act below the standard of care. In this situation it appears so, but would need to be confirmed by a medical specialist expert.

Additionally, for any case, but...
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2 Answers | Asked in Employment Discrimination, Civil Rights and Employment Law for California on
Q: Facing racial discrimination in hiring due to being white, having higher education, and an accent.

I believe I am facing racial discrimination in the hiring process due to my being white, having a higher education, and an accent, which seems to result in refusal to hire me. This has affected my job prospects negatively despite my qualifications. How can I address this situation legally?

Neil Pedersen
Neil Pedersen
answered on Apr 26, 2025

Assuming you could prove your allegations, your best first move is to locate and consult with an experienced employment law attorney who can assist you with the appropriate and required filing of an administrative complaint with the right government entity, and then to commence litigation in the... View More

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2 Answers | Asked in Employment Law for California on
Q: Will I get paid for sick days if I quit my full-time job in CA?

I work 36 hours a week and am considered a full-time employee. I recently took two sick days, which are recorded as accrued sick leave days. I want to quit my job due to personal reasons, including dissatisfaction and a long commute. I haven’t informed my employer about my intention to quit yet.... View More

Michael R Trust
Michael R Trust pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2025

Hello. If these are California Paid Sick days, no note or other information can be requested. You can let your HR department know that you took two California Paid Sick days (assuming that's what you took) and that you are being asked to provide documentation, which isn't allowed. This... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I convince the judge that my recordings made during my granted TROs are relevant to this custody issue ?

When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 25, 2025

Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More

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2 Answers | Asked in Divorce, Animal / Dog Law and Family Law for California on
Q: Can I claim my horse and plants in a California divorce without a prenup?

I am currently going through a divorce in California. There is no prenuptial agreement in place. During our marriage, my spouse and I acquired two horses—one for each of us. My spouse is now refusing to let me take my horse and my plants, which I consider mine. Can I claim these items as mine... View More

Robert Kane
Robert Kane
answered on Apr 25, 2025

It seems each of you getting a horse would be a fair distribution, but you can't claim it.

Generally, this is what either of you earned (or debt you took out) after you married, but before you separated. The “community” is you and your spouse. The property belongs to you both...
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4 Answers | Asked in Estate Planning and Legal Malpractice for California on
Q: Is my communication about firing my attorney too strong and enforceable regarding document security and confidentiality?

I am considering firing my attorney due to concerns about the security of my digital files and potential breaches of confidentiality regarding estate planning documents that are my property. I have drafted a communication emphasizing that my documents should not be retained and any personal data... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2025

You have a right to expect reasonable precautions to be taken to protect your data/information/privacy, including for the attorneys to safeguard documents from third parties and maintain confidentiality. But only standard and reasonable precautions should be expected. But, as you have told them... View More

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4 Answers | Asked in Estate Planning and Legal Malpractice for California on
Q: Is my communication about firing my attorney too strong and enforceable regarding document security and confidentiality?

I am considering firing my attorney due to concerns about the security of my digital files and potential breaches of confidentiality regarding estate planning documents that are my property. I have drafted a communication emphasizing that my documents should not be retained and any personal data... View More

Julie King
Julie King
answered on Apr 24, 2025

I suggest being firm, but not too nasty even if you may fire your lawyer. Here's why: If you fire your lawyer and try to hire another law firm, the new law firm will ask what happened to the first lawyer you hired. If the new firm thinks you are litigious (someone who sues a lot of people),... View More

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2 Answers | Asked in Medical Malpractice, Insurance Bad Faith and Personal Injury for California on
Q: Can I pursue compensation for a botched breast lumpectomy surgery?

In May 2023, I underwent a breast lumpectomy to remove what was deemed a benign fibroadenoma after a biopsy. The surgeon and I agreed on the surgery for personal and medical reasons. Despite multiple post-surgery visits where I raised concerns about persistent pain and firmness, no follow-up or... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2025

The first issue is the one-year statute of limitations wherein you must file a lawsuit or you will be forever barred from compensation. Based on these facts you may be within that time period but you should immediately consult with an experienced malpractice attorney.

Depending on reasons...
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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Severe arm pain after deltoid injections at hospital, ongoing for 16 days. What should I do?

I received two deltoid muscle injections as part of a treatment at a hospital 16 days ago, administered by a registered nurse. During the injections, my arm felt a burning sensation followed by soreness, and two days later, I developed sharp, shooting pain that continues in my right arm. These... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 24, 2025

At this point this is a medical issue, not legal. Get to medical specialists as soon as possible. Besides getting the diagnosis and treatment you made need, it will help in analysis if there is a potential malpractice case.

Do keep in mind the 1 year deadline to file a lawsuit for...
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2 Answers | Asked in Gov & Administrative Law and Criminal Law for California on
Q: Impact of AB625 on EOP status parolee in California, 2025

How could AB625 affect a soon-to-be parolee who is currently on EOP status in a California prison, with parole scheduled for August 2025? I'm interested in understanding any potential changes to parole conditions or early release possibilities that this bill might bring.

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 24, 2025

AB625, if enacted, could influence the parole process for an EOP status inmate, who, by virtue of their severe mental disorder, requires enhanced clinical interventions while incarcerated. Under existing law, parolees with such conditions typically must undergo inpatient treatment unless the State... View More

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2 Answers | Asked in Gov & Administrative Law, White Collar Crime and Criminal Law for California on
Q: Seeking pro bono attorney for DRE licensing issue unrelated to real estate activity, involving money laundering charges.

I am facing a licensing suspension or revocation with the Department of Real Estate, even though my legal case is unrelated to real estate activity. My case involves money laundering charges related to buying and selling dollars at the border through exchanges, companies, individuals, and banks.... View More

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 24, 2025

Under California law, the DRE may suspend or revoke a license if a licensee is convicted of a crime substantially related to the qualifications, functions, or duties of a real estate professional. However, since your money laundering charges—stemming from buying and selling dollars at the... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Civil Rights for California on
Q: Experiencing discrimination due to syringomyelia at a company with headquarters in California.

I believe I'm facing discrimination due to my chronic health condition, syringomyelia. I was reprimanded for not coming into the office after traveling by plane for 8 hours, despite informing my boss two weeks prior that I would need to rest, to which she responded positively. However, she... View More

Michael R Trust
Michael R Trust pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2025

Hello. Appalling. Have you formally documented your health condition with your employer (for example, by providing them with a healthcare provider note)? If not, upon your telling them that you have a health condition that affects your ability to perform the essential functions of your job, they... View More

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for California on
Q: Settlement timeline after signing MOU in class-action lawsuit

I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More

Neil Pedersen
Neil Pedersen
answered on Apr 24, 2025

The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More

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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: What legal options exist for workplace mold and chemical exposure causing health issues?

I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More

Neil Pedersen
Neil Pedersen
answered on Apr 24, 2025

You can report the dangerous workplace conditions to OSHA. As to your health related conditions, you make a claim for workers compensation benefits. Good luck to you.

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