Michael J. McConnell Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2025

Even with the recanted statement, the decision of whether to pursue the case will still rest with the prosecutor. With that said, if they have been informed of the desire to recant AND the issue of intoxication as you mentioned in your question, they have a duty to disclose that to the accused. A... View More

The mental health diversion program and protective orders operate as separate legal mechanisms, and participation in diversion does not automatically result in the lifting of a protective order in domestic abuse cases. Protective orders are specifically issued by the court to ensure victim safety... View More

No. The mental health diversion program will not lift the protective order in a domestic abuse case. The fact a defendant has decided to accept a diversion program doesn't mean he is any less of a threat. An alcoholic can decide to go to A.A. meetings or treatment.

I understand you're facing an urgent domestic violence situation in Los Angeles County involving financial abuse, verbal threats, and safety concerns for you and your three children. California's Domestic Violence Prevention Act provides immediate protection through Domestic Violence... View More

Michael R Trust Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2025

Hello,

If you have no documentation, it's going to be difficult to prove your allegations. It's unlikely that you will have friendly witnesses as well. "Bullying" which is largely what you describe here isn't protected legally. You might have a claim, if you can... View More

You include that "income" on the FL150. You have to disclose it. When a minor child receives Supplemental Security Income (SSI), some of the child's income and resources can be "deemed" available to their parents, affecting the parents' own income and benefit... View More

To enforce the original terms, filing a motion to enforce the order is a primary strategy. This motion would compel compliance with specific obligations, such as the return of your belongings and the child’s passport. Alternatively, initiating contempt proceedings may be appropriate, as... View More

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.

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

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

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

To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More

To include your child as a protected party on the restraining order, you do not need to file for contempt. Instead, you should request a modification of the existing restraining order. California law allows for such modifications through the filing of a Request for Order (form FL-300) and a... View More

Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More

In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More

To challenge the restraining order, you may pursue an appeal if the 180-day period under California Rules of Court, rule 8.104(a)(1)(C) has not expired, especially if proper service of the order was not established (In re Marriage of Lin, 225 Cal. App. 4th 471). Alternatively, you can file a motion... View More

For the sexual assaults, you have options to seek justice both criminally and civilly. Reporting the incidents to law enforcement can initiate a criminal investigation, potentially leading to charges under statutes like § 261 (rape) or § 289 (sexual penetration). Civilly, § 340.16 allows you to... View More

Hello, I am glad to outline the potential implications and steps you can take.

In California, pushing someone can indeed lead to charges, even if no injuries result. Under Penal Code Section 242, battery is defined as the willful and unlawful use of force or violence upon another person.... View More

Dear Fullerton Resident,

I am more than happy to provide guidance on your question regarding how to request the lifting or modification of a Criminal Protective Order (CPO) issued in your domestic violence case in California. As the protected party in this matter, I understand your desire... View More

Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More