California Domestic Violence Questions & Answers
Q: If my husband filed a restraining order against me a no contact order and then picks me up from jail afte4 day sentence
Dale S. Gribow's answer
did he hold you against your will?
much more info needed.
did you go willingly with him.
if he did something wrong you can report him to your local arresting agency......out here it would be RCO Sheriffs.
did he hold you against your will?
much more info needed.
did you go willingly with him.
if he did something wrong you can report him to your local arresting agency......out here it would be RCO Sheriffs.
Q: Its for a Pn 273.5(a) My wife and I wanted to know?
1 Answer
| Asked
in
Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence
for
California
on
Answered on Feb 13, 2019
Answered on Feb 13, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.
S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.
I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.
SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.
YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.
S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.
I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.
SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.
YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC
Q: Can the court give a restraining order without consent of the victim?
Dale S. Gribow's answer
more info needed but yes it is possible.
you need to retain a lawyer or ask the court to appoint one.
more info needed but yes it is possible.
you need to retain a lawyer or ask the court to appoint one.
Q: Is it possible to have gun rights restored after 1203.4
Dale S. Gribow's answer
much more info is needed.
if a lawyer handled the 1203 then that is the person to ask.
otherwise, you need to see up an appt with a criminal lawyer that handles cases in the court involved and have him look at minute order etc to check court ruling................but it sounds like it might be possible.
much more info is needed.
if a lawyer handled the 1203 then that is the person to ask.
otherwise, you need to see up an appt with a criminal lawyer that handles cases in the court involved and have him look at minute order etc to check court ruling................but it sounds like it might be possible.
Q: My uncle was accused for molesting a child and was sentences 14 years. Can this be changed?
Dale S. Gribow's answer
without a lot more info it is impossible to say.
it is like asking a doc, i have a pain in my side is it cancer and can you cure it.
the best person to ask is the lawyer who defended him.
there may be a basis for an appeal???
without a lot more info it is impossible to say.
it is like asking a doc, i have a pain in my side is it cancer and can you cure it.
the best person to ask is the lawyer who defended him.
there may be a basis for an appeal???
Q: I was involved in a domestic violence incident me being the victim. CPS removed my kids, i need advice on how to proceem
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Domestic Violence
for
California
on
Answered on Jan 25, 2019
Answered on Jan 25, 2019
Dale S. Gribow's answer
More details are necessary to provide a professional analysis of your issue.
Initially, you should set up an Initial Consultation with an Attorney such as myself.
You can go to my website to review my credentials, awards, honors, testimonials, and media appearances & publications.
This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
However, you are always best advised to...
More details are necessary to provide a professional analysis of your issue.
Initially, you should set up an Initial Consultation with an Attorney such as myself.
You can go to my website to review my credentials, awards, honors, testimonials, and media appearances & publications.
This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
However, you are always best advised to...
Q: I had a TRO against my husband in 2016. There was a violation of the TRO. He recently discovered an arrest warrant.
Dale S. Gribow's answer
where do you live in calif?
which court does he go to...................dale@dalegribowlaw.com
where do you live in calif?
which court does he go to...................dale@dalegribowlaw.com
Q: If the police are not willing to prosecute my girlfriend's stalker, can I take it to the county Sheriff's office?
2 Answers
| Asked
in
Criminal Law, Domestic Violence and Sexual Harassment
for
California
on
Answered on Jan 10, 2019
Answered on Jan 10, 2019
Dale S. Gribow's answer
more info needed but it would seem to me that law enforcement would/should do something.
yes, i would try Sheriff, going directly to DA, contacting your congressman
more info needed but it would seem to me that law enforcement would/should do something.
yes, i would try Sheriff, going directly to DA, contacting your congressman
Q: Can my childs father get visitation after losing trial for felony domestic violence?
2 Answers
| Asked
in
Child Custody, Domestic Violence and Family Law
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Angelina Bradley's answer
The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have good arguments for why those should be supervised.
If you have a domestic violence restraining order in addition to the criminal protective order, you can file to extend it, and I recommend you...
The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have good arguments for why those should be supervised.
If you have a domestic violence restraining order in addition to the criminal protective order, you can file to extend it, and I recommend you...
Q: What are consequences for the victim?
2 Answers
| Asked
in
Criminal Law, Civil Rights and Domestic Violence
for
California
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Ali Shahrestani, Esq.'s answer
Is there a subpoena requiring the victim to testify? If so, violating a court order may be grounds for a contempt order. As for the no-contact order, it depends on the facts. Was the no-contact order issued to you for someone else's protection? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Is there a subpoena requiring the victim to testify? If so, violating a court order may be grounds for a contempt order. As for the no-contact order, it depends on the facts. Was the no-contact order issued to you for someone else's protection? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: Are their lawyers in the Sacramento area that take payments for a criminal case in Yolo county?
Dale S. Gribow's answer
more info needed
i am a criminal lawyer in Palm Springs and you need to contact lawyers in the city you want and post that question to them.
it will probably depend on your earning capacity and how much you can put down and the likelihood you will be able to make timely payments.
more info needed
i am a criminal lawyer in Palm Springs and you need to contact lawyers in the city you want and post that question to them.
it will probably depend on your earning capacity and how much you can put down and the likelihood you will be able to make timely payments.
Q: I'm trying to find out how to get a restraining order against someone in a different state.
Andy Cook's answer
You could get a civil restraining order, which is different from a domestic violence restraining order. The difference, among other things, is that you have to prove, by clear and convincing evidence, the facts that warrant a restraining order (as opposed to a family law restraining order, where the burden of proof is lower). Also, the restraining order, in your case, could last only three years, whereas a family law restraining order lasts up to five years.
It's up to each judge how...
You could get a civil restraining order, which is different from a domestic violence restraining order. The difference, among other things, is that you have to prove, by clear and convincing evidence, the facts that warrant a restraining order (as opposed to a family law restraining order, where the burden of proof is lower). Also, the restraining order, in your case, could last only three years, whereas a family law restraining order lasts up to five years.
It's up to each judge how...
Q: How can I participate in treatment and counseling in domestic violence perpetrator program approved under RWC 26.50.150
Dale S. Gribow's answer
more info needed.
were you a defendant in a concluded DV criminal case or family law related DV?
this is a question that should be asked of your lawyer who has read a police report and knows what the court has ordered?
more info needed.
were you a defendant in a concluded DV criminal case or family law related DV?
this is a question that should be asked of your lawyer who has read a police report and knows what the court has ordered?
Q: Is there a way to find data on all domestic violence cases in San Mateo county in California that went to jury trial?
Dale S. Gribow's answer
you need to contact people in that county.
I am in Palm Springs and would have a hard time finding San Mateo.
I would think the courts and DA might have that info but would probably not share it....unless you are writing an article?
you need to contact people in that county.
I am in Palm Springs and would have a hard time finding San Mateo.
I would think the courts and DA might have that info but would probably not share it....unless you are writing an article?
Q: I was arrested for DV 3 months ago. Case was closed by the DA. Can it still effect my child custody in family court?
Dale S. Gribow's answer
A lawyer needs more info.
You need to ask this of a family law attorney, not a criminal law attorney.
Technically they can use the facts.
It just won't be a conviction.
Criminal law requires guilt beyond a reasonable doubt.
I suspect a lesser amount of evidence would still work in family law courts.
A lawyer needs more info.
You need to ask this of a family law attorney, not a criminal law attorney.
Technically they can use the facts.
It just won't be a conviction.
Criminal law requires guilt beyond a reasonable doubt.
I suspect a lesser amount of evidence would still work in family law courts.
Q: Court minutes says "No Complaint" has been filed. Next day it states "Case close" in DV case. What does this mean?
Dale S. Gribow's answer
more info needed.
with this little info, yes that is what it means.
the DA must have thought it was mutual combat or not enough evidence to get a conviction.
more info needed.
with this little info, yes that is what it means.
the DA must have thought it was mutual combat or not enough evidence to get a conviction.
Q: Can a judge change his previously amended Temporary Restraining Order?
1 Answer
| Asked
in
Foreclosure, Child Custody and Domestic Violence
for
California
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Dale S. Gribow's answer
more info needed.
judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?
you have posted this on a crim/accident site and suggest you ask this of family law attorneys.
you really should retain a lawyer who can discover all the info and not just bits and pieces.
more info needed.
judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?
you have posted this on a crim/accident site and suggest you ask this of family law attorneys.
you really should retain a lawyer who can discover all the info and not just bits and pieces.
Q: where can i find an honest to god attorney who can defend me from a domestic violence charged being placed against me?
2 Answers
| Asked
in
Domestic Violence, Family Law and Child Custody
for
California
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Dale S. Gribow's answer
more info needed.
however, if you do not have funds you will have to request the court appoint a lawyer for you at your arraignment.
Prepare a detailed summary of all the facts so you do not forget to tell your lawyer any of the info.
more info needed.
however, if you do not have funds you will have to request the court appoint a lawyer for you at your arraignment.
Prepare a detailed summary of all the facts so you do not forget to tell your lawyer any of the info.
Q: was arrested for DV 3 months ago. was told it was sent back due to insufficient evidence. Is it because its a weak case?
Dale S. Gribow's answer
more info needed.
they probably said for further investigation rather than insignificant evidence.
it may mean something is missing and you should retain a lawyer if possible to assist you.
call me and i will give you some name.........dale gribow 760 8377500
more info needed.
they probably said for further investigation rather than insignificant evidence.
it may mean something is missing and you should retain a lawyer if possible to assist you.
call me and i will give you some name.........dale gribow 760 8377500
Q: Effects of a no contact order in California
Dale S. Gribow's answer
more info needed
you need to retain a lawyer in your area or hers to write a self-serving letter setting forth the facts..............maybe even contacting the police about what she is doing though it is best to have your lawyer do that so you do not say something that can bite you in the fanny latter.
are you in a position to hire a lawyer? if so, I will try to help you find one........................contact me dale@dalegribowlaw.com or 760 837 7500
more info needed
you need to retain a lawyer in your area or hers to write a self-serving letter setting forth the facts..............maybe even contacting the police about what she is doing though it is best to have your lawyer do that so you do not say something that can bite you in the fanny latter.
are you in a position to hire a lawyer? if so, I will try to help you find one........................contact me dale@dalegribowlaw.com or 760 837 7500
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