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California Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What's my best option to ask for dismissal WITH prejudice on a PC 422 based on superseding cause? Thank you

On 9/15 my son (defendant) was arrested/charged for felony PC 422 & misdemeanor PC 148 . I am his mother (victim). He's never hurt, hit or harmed me. (But 5/2019, I called the cops & he was charged with misdemeanor PC422. He was in jail a couple of days then "Fed cap kick". I let him come back to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 13, 2019

More info needed. You should discuss this with your son's lawyer. He either hired a private lawyer or a PD was appointed. That lawyer will have ALL the info in front of him/her.

it is not up to you to dismiss.

the Victim is the People of the State of California.

after an...
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1 Answer | Asked in Domestic Violence for California on
Q: my got a restraining order and a move out order,she said on the form that she filed and served me eviction papers

There were never any eviction papers, is that enough to ask the court to drop the restraining order and can i file it as an emergency ex parte

Dale S. Gribow
Dale S. Gribow answered on Nov 8, 2019

more info needed.

the explanation is not to clear.

what i think you are asking is more family law/real estate oriented than criminal DV.

normally nothing happens without going to court and explaining to the court your side of the story.

1 Answer | Asked in Domestic Violence for California on
Q: How can i prove i experienced more domestic violence?

I believe My ex boyfriend already has on record of domestic violence since i told security on campus

Dale S. Gribow
Dale S. Gribow answered on Nov 7, 2019

MORE INFO NEEDED.

HAS HE BEEN ARRESTED? HAD TO GO TO COURT?

IF THERE IS RECENT DV, CALL THE POLICE.

1 Answer | Asked in Domestic Violence for California on
Q: If i file for domestic violence/abuse will the person be convicted and what will the steps be ?
Dale S. Gribow
Dale S. Gribow answered on Nov 7, 2019

MORE INFO NEEDED.

IT IS LIKE SAYING IF I SNEEZE ON SOMEONE WILL THEY GET PNEUMONIA?

IT DEPENDS ON THE EVIDENCE PRESENTED........IT COULD BE A MISDEMEANOR OR FELONY...JAIL OR PROBATION.

2 Answers | Asked in Domestic Violence for California on
Q: Do cops go looking for you at your brothers job if you have an arrest warrant for domestic violence

Mg brother just called me to tell me that some cops went to his job and asked him if he had any idea where I was at because they were looking for me did t give him much info as to why they were looking for me and if I still worked in my previous job

Peter Depew
Peter Depew answered on Nov 4, 2019

Yes, it is possible for police to speak with relatives at their place of employment to try and obtain the location of an individual. It is also possible to check if a person has an active arrest warrant. I recommend having an attorney call the Records Department at the Sheriff's Office in the... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Ex said I beat her up wed when she went to hospital Friday . Police came to house Thursday no problem .

Police seen Thursday she was fine I haven't been around her since Thursday officer said she said happened wed

Peter Depew
Peter Depew answered on Nov 4, 2019

The most bedrock piece of advice any criminal defense attorney can give is not to speak with the police. If the police attempt to contact you, it is usually a good idea to tell them that you do not wish to answer any questions or that you do not wish to answer any questions without an attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can a defendant in criminal case revoke plea agreement after finding PD was negligent in communications that are crucial

Victim (defendants wife) came forward and wanted to give a sworn statement to courts on defendants behalf because she over-reacted based on her PTSD issues from prior ongoing DV in last marriage as well as other mitigating factors. Victim owned the instigation and escalation and wanted the courts... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 3, 2019

more info needed.

contact your lawyer to inform him of this info.

he can make a motion to withdraw the plea with your excuses and it is up to the court to decide what to do.............

1 Answer | Asked in Domestic Violence for California on
Q: Regarding Georgia and domestic violence. Isn't it MY right to be able to drop charges?? I want to change the Law

My husband and I, when we lived in Georgia, were under a lot of pressure due to him losing his job, we had to move, etc. Heated argument - I ended up calling the police. the police made up a bunch of stuff and took him away. I COULD NOT DROP CHARGES. Don't I have the right??? I want to sue the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 3, 2019

more info needed.

i don't know law outside of california..........however her if there is a report of DV the victim is considered the State of Calif and that is why the complaint read The People of the State of Calif vs..................

most DV cases are family and after the...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Ex said I beat her up wed when she went to hospital Friday . Police came to house Thursday no problem .

Police seen Thursday she was fine I haven't been around her since Thursday officer said she said happened wed

Gary Kollin
Gary Kollin answered on Nov 3, 2019

Thanks for sharing. No question asked

If you do, try spelling out words. Write in single sentences and not in run on sentences.

Take the time since you are asking a lawyer to respond for free

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1 Answer | Asked in Domestic Violence for California on
Q: My boyfriend was arrested for felony domestic violence against spouse was released on recognizance?

Is he free from doing any time in jail?

Dale S. Gribow
Dale S. Gribow answered on Oct 25, 2019

more info needed.

an OR release just means the court trusts him to appear in court without having to post bail/bond.

be careful what you discuss on an open forum like this as all parties and the police can read all this.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can you help me with recommendations or any #s to an attorney I have court the 25th of this month it's Domistic violence

Me and my wife work we can make payments we just need help to get rid of this hole situation

Dale S. Gribow
Dale S. Gribow answered on Oct 21, 2019

more info needed.

what courthouse, what lawyer?

do you have a record? for this?

call me and i will try to give you some direction................

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: what do i look for or ask attorneys to know if she or he is the right one ..and how much would it be for DomisticViolenc

I got arrested with no solid proof just assumptions and accusations..this really hurts my life can police really do that say you did something you did not do with no solid proof??

William M. Weinberg
William M. Weinberg answered on Oct 21, 2019

Ask about experience with these kinds of cases and consequences. Fees range from 2500-5000 dollars. Good luck.

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3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How much or where can I find a affordable lawyer to take my case
Gary Kollin
Gary Kollin answered on Oct 21, 2019

You must seek out attorneys individually and directly in the area of practice you need

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Where do I go if I can't afford an attorney
William M. Weinberg
William M. Weinberg answered on Oct 21, 2019

Contact the public defender office at https://www.google.com/search?q=chula+vista+public+defender&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari#

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: what can i do if my estrange husband filed a DV against me falsely, with the courts
Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

IF THE POLICE CONTACT THE DA AND THE DA FILES THEN YOU HAVE TO GO TO COURT TO ADDRESS THIS ISSUE.

EITHER YOU HIRE A PRIVATE LAWYER OR A COURT APPOINTED LAWYER WILL ASSIST YOU.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Parent open car door in backseat of moving vehicle with children in backseat. How illegal is this?

I'm wondering if this is child endangerment and if I, as the 18 y/o sister of the children and step daughter of the parent, can press charges or what kinds of legal action I can take. There are other recurring problems in the household but this recent act, as well as other verbal insults and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

I DO NOT DO FAMILY LAW BUT THIS SOUNDS MORE LIKE A CRIMINAL MATTER.

CLEARLY BOTH AREAS OF LAW ADDRESS ISSUES LIKE THIS..........CHILD PROTECTIVE SERVICES MIGHT BE A START. HOWEVER, I WOULD TRY TO SET UP A FREE CONSULTATION WITH A LOCAL LAWYER SO THE S/HE CAN HEAR...
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2 Answers | Asked in Domestic Violence for California on
Q: Does incomplete or invalid information such as address invalidate a restraining order?

My ex had her friend serve me with a restraining order, but address line is not filled out, and some other information is incorrect or invalid. Also I was given nothing to sign upon service. Does this make it invalid?

Dale S. Gribow
Dale S. Gribow answered on Oct 3, 2019

probably not but more info needed.

seek out the advice of a lawyer in your community.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: If on parole and am being falsely accused of three counts of domestic violence.Can victim drop them

Home videos shows no such contact.And due to a 7 year old fabricating the story iam now facing 6 plus years due to me already being on parole for a violent crime.Is the person allowed to drop all charges against me based on the child lying?

Dale S. Gribow
Dale S. Gribow answered on Oct 1, 2019

MORE INFO NEEDED.

YOU SHOULD NOT BE SHARING THIS ON AN OPEN FORUM.

YOU MUST HAVE A LAWYER AND THAT PERSON IS IN THE BEST POSITION TO ADVISE YOU.

I SUSPECT S/HE WILL ADVISE YOU WHAT IS INVOLVED IN CONTACTING THE DA WITH THIS INFO. IT OFTEN INVOLVES A LAWYER OF THEIR OWN...
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3 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: If I'm 15 years old and I got into a fight with an intoxicated 32 year old woman, what can I do?
Dale S. Gribow
Dale S. Gribow answered on Sep 22, 2019

more info needed.

did police arrest you? if so, you would go to Juv Ct and a public defender would be appointed for you if you did not hire your own attorney.

did police determine who was at fault?

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