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California Domestic Violence Questions & Answers
3 Answers | Asked in Personal Injury, Civil Litigation and Domestic Violence for California on
Q: Legal action for contracting STDs from partner aware of risk

I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 27, 2025

You may have a claim against the ex... but I don't think the woman has any legal "duty" to you... which is a necessary element for a personal injury claim. Duty can be established by a special relationship... which clearly exists between the ex... and the woman. But your special... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Domestic Violence for California on
Q: Legal action for contracting STDs from partner aware of risk

I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Feb 27, 2025

You might be able to sue him if he was aware of what he had knowing he might transmit it to you. State laws vary so you should contact a personal injury attorney in your state to discuss. In California we have handled similar type cases but if you are in another state the laws might be different.... View More

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3 Answers | Asked in Civil Rights, Criminal Law and Domestic Violence for California on
Q: How to avoid arrest from false accusations by spouse?

I am facing false accusations from my spouse, who is constantly making claims to have me arrested. There are no legal proceedings or witnesses, but I have kept video recordings of my spouse’s behavior and accusations. How can I avoid arrest in this situation?

Bart Kaspero
Bart Kaspero
answered on Feb 15, 2025

This will pretty much come down to the accusations themselves, and what your spouse claims to the investigating officers. Domestic abuse has a wide range of factors and this alone could trigger an arrest. So long as the recordings you have (which we are assuming were made while your spouse was... View More

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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Domestic violence.

i am in a custody battle. parenting alienation. now i am charged with domestic violence (false claims) i was assaulted first with a bloody mouth. and I was seen trying to deflect her blows which appeared to be me hitting her. a restraining order was filed. my childs mother alleges she is scared of... View More

Jennifer Setters
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answered on Jan 31, 2025

This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are... View More

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3 Answers | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: I am a DV victim, trying to go pro per, but after he stole all my money, abandon me to starve, my printer broke. I'm pen

penniless, can't eat, fix my printer, make copies or buy paper. so how do I exercise my civil rights to utilize our civil court system, to assert and defend myself against a monster. they only waive filing fees. i'm helpless, and he's a disbarred JD with a vengeance out to get me. I... View More

James R. Dickinson
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answered on Jan 14, 2025

In California, a domestic violence restraining order (DVRO) is a legal order issued by the court to protect individuals from abuse or threats of abuse by a person they have a close relationship with, such as a spouse, partner, family member, or cohabitant. To obtain a DVRO, the petitioner must file... View More

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: i had my hearing, as respondent, in a DVRO case today. I was unable to print out a statement I had meticulously prepared

n my phone to present to the judge (commissioner). He would not read it from my phone nor would he allow me to read it to him without a copy for him, and the petitioner to follow along. He stated that I could testify to what happened that night in my own words, but reading a "statement"... View More

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 27, 2024

A problem is that appeals are very hard and expensive. It is not a second chance to argue the case. Some of what you now argue is what you were expected to have argued the first time at the hearing. Appeals generally are to decide whether the judge made a legal error in not applying the appropriate... View More

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2 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have a restraining order and my pets are included. In the divorce, he is asking for vet bills to be paid for his.

Will that hold in court. My animals are the only animals included in the protection order.

James R. Dickinson
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answered on Jan 14, 2025

In California, pets can be included in a domestic violence restraining order (DVRO) if there is evidence that the pet is at risk of harm due to domestic violence or if the pet is an essential part of the victim's safety or emotional well-being. Under Family Code Section 6320, a court may grant... View More

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2 Answers | Asked in Domestic Violence, Family Law and Personal Injury for California on
Q: When getting a restraining order on someone I live with can I ask for their immediate removal of the home the same day?

The person getting a restraining order on them is my 17 year old sister and the one putting the restraining order is my mom due to her getting physically abused and resulted with her getting a fractured nose and a broken finger that needs surgery.

Bradley Drew Hochberg
Bradley Drew Hochberg
answered on Dec 11, 2024

It is not completely clear. It sounded like your mother is getting a restraining order on your sister. So it sounds like your sister hurt her own mother. If that is true there should be a problem. The daughter is a minor and the daughter of the person seeking a restraining order. If that is the... View More

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3 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a domestic violence case coming up for trial. The victim wants to file an "affidavit of retraction"

The victim n my case made several false statements against me really painting a horrible picture of who she wants me 2 appear 2b as a person in everyday life. On paper, what she has said looks very bad n the courts eyes. But it not accurate and it's fictitious. The victim has since came to... View More

Robert Kane
Robert Kane
answered on Nov 29, 2024

In every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day. It's unlikely the officials will believe the... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I'm staying at a hotel and I was attacked House keeping allowed this man to come in after I clearly said not to.

House keeping opened the door for him even after I said not to.

He was yelling and hitting the door.

His name is not even registered as a guest here.

James Clifton
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James Clifton
answered on Oct 16, 2024

The hotel could potentially be liable based on negligence or premises liability. Hotels owe their guests a duty of care to ensure their safety and protect them from foreseeable harm. If you informed housekeeping not to allow the man inside and they still granted him access, this may constitute a... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: How to get a criminal protection order dismissed penal code 136.2

The DA filed it on my behalf after my boyfriend broke my cell phone durning a 911 call he was having mental health issues

Joshua Mulligan
Joshua Mulligan
answered on Oct 15, 2024

You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important... View More

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4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

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1 Answer | Asked in Traffic Tickets, Domestic Violence, Municipal Law and Small Claims for California on
Q: What is the statute of limitations when car towed before 24hrs when they arrest the owner because they are mean

Boyfriend or passenger was being suspicious and even stabbed my car like it would hurt it

James L. Arrasmith
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answered on Jul 25, 2024

Under California law, the statute of limitations for challenging a car tow can vary depending on the circumstances. Typically, if you believe your car was wrongfully towed, you should file a complaint or take legal action within 30 days of the tow. This time frame allows you to contest the tow and... View More

1 Answer | Asked in Domestic Violence, Elder Law, Landlord - Tenant and Libel & Slander for California on
Q: Falsely accused of elderly abuse, cleared in restraining order case of elderly abuse... How to pursue prosecution.

False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More

James L. Arrasmith
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answered on Jul 24, 2024

I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More

1 Answer | Asked in Domestic Violence for California on
Q: Hi. I'm not sure if it was this website I had came to for legal help with a domestic situation. I'm trying to get him

He is the one arrested. Only cuz he was considered the dominant aggressor but they don't get why. We are both sick and broken souls. I had my part in instigating him to blow up. We were both beyond drunk. I'm need to show the court who he is before that. And learn to understand that he... View More

James L. Arrasmith
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answered on Jul 24, 2024

I'm really sorry to hear about your situation. It sounds incredibly challenging, and it's clear that you care deeply about helping him get the support he needs.

Legal fees can vary widely depending on the complexity of the case and the lawyer's experience. For cases like...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Let's say someone was hit with a temporary domestic violence restraining order by false accusations but the restrained..

person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide... View More

1 Answer | Asked in Family Law, Domestic Violence and Child Support for California on
Q: My ex wife is been verbally abused to are kids and specially to me I have domestic violence on her can you help me?

Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?

James L. Arrasmith
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answered on Jul 1, 2024

I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:

1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: I have an ex that put a restraining order on me, but they have not stopped stalking or texting me disturbing things..

We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:

1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.

2. Do not respond:...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: what do i do ifi am being faksley accused of battery and i have to appear in court. the victom admits she lied

i akso have a witness that can testify there was no physical contact.

James L. Arrasmith
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answered on Jun 29, 2024

Here's a concise response to your situation:

1. Gather evidence:

- Get a written statement from the victim admitting she lied

- Obtain a statement from your witness

- Collect any other evidence supporting your innocence

2. Hire an attorney:

- A...
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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: Dude lied about threats to get RO against me. Did it to get ccw permit approved. Plans to murder me & claim self-defense

This psycho managed to get an order after hearing against me granted by default when I wasnt given notice, at first I didnt care, but now he keeps popping up at places I frequent and appears armed. I think he used the RO to fake a valid need to protect himself which may have helped him get a ccw... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand this is a very serious and concerning situation. Here are some steps I would recommend:

1. Document everything. Keep a detailed log of any encounters, including dates, times, locations, and what occurred. Save any messages or communications.

2. Avoid contact. Do not...
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