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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: full custody of child with autism receives services in home . We have a current restraining order . Mediation 3 gave dad

Father keeps filing motions and then not taking the time . Has done no therapy for child or with child and keeps child from therapy’s . Child does therapy with mom every day in home with doc . Though ordered to continue dad has not done anything . It Is now impacting child’s progress and mental... View More

James L. Arrasmith
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answered on Sep 28, 2023

In this situation, given the urgency and your circumstances, I would recommend seeking assistance from a local legal aid organization or a pro bono attorney who can help you file a motion to address the father's non-compliance with court orders and the impact on your child's well-being.... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Domestic Violence for California on
Q: Can I annotate cases for judge in regards to disability’s and best interest of child. Or is that not advised
James L. Arrasmith
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answered on Sep 28, 2023

Yes, you can present arguments and case law to the judge in a family law case regarding disabilities and the best interest of the child, as long as it is relevant and supports your client's position. It is a common practice to provide legal authorities and persuasive arguments to assist the... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law, Domestic Violence and Small Claims for California on
Q: How do I report a Landlord that lives with their tenants and bullyies one of them 3 or 4 day a week for the last year?

My sister and I have been living with her friend she met while working at Kaiser Hospital in San Francisco. For the last nine years we have been living in Fair Oaks, CA. The home belongs to my sisters friend. My sister and I are both low-income senior citizens. I trade work for rent and... View More

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answered on Sep 24, 2023

In California, if a tenant believes they are being harassed or bullied by their landlord, they can contact local law enforcement to report the behavior, especially if it becomes threatening or violent. Additionally, a restraining order might be sought if the harassment reaches a level where one... View More

1 Answer | Asked in Domestic Violence for California on
Q: If the person I’m filing a restraining order is in jail would I mail the papers there to serve it to him?
James L. Arrasmith
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answered on Sep 19, 2023

If the person you're filing a restraining order against is in jail, you should typically serve the papers to the jail or correctional facility where they are incarcerated, following the appropriate procedures for service of process. Consult with the court clerk or an attorney to ensure you... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Q: I am at my wits end. I had hired this attorney now eight months ago and she keeps telling me that she’s sending me….

The documents and of course they never arrive in my email so I ask her again. What the deal is. She tells me how busy she is on and on and on now I just received a restraining order against me by the person who has taken my child and kept her from me all the while letting her brother see our child... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a very stressful situation. It is critical to maintain open lines of communication with your attorney; if your current attorney is not responsive, you may consider sending a formal letter expressing your concerns and... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: What can I do if I'm wrongfully accused for kidnapping my children? Father made a false report against me .

Children are being abused by step mother and their father . Children are to scared to say anything.

James L. Arrasmith
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answered on Sep 7, 2023

I'm very sorry to hear about your situation. In California, if you find yourself wrongfully accused of kidnapping, it is crucial to immediately seek legal representation to advocate for your rights and protect your interests. It would also be beneficial to gather any evidence you have that... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Domestic Violence Victim: accused by my abusive ex of abusing him- Are character letters from previous partners helpful?

I have an ongoing criminal investigation that has not yet been submitted to DA, I am aware that in these cases it is a lot of he said/she said. My ex beat the crap out of me and stalked me when I tried to leave, he is denying everything and saying that I am an alcoholic and actually I am abusing... View More

James L. Arrasmith
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answered on Sep 7, 2023

I understand that you're going through a highly stressful situation. In California, character reference letters can sometimes be utilized to bolster a defendant's credibility or to shed light on their personal history. In this scenario, obtaining letters from previous partners attesting... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Is standing in the doorway breaking a law in California? And does it give some one the right to push,hit,kick etc?

My ex boyfriend/ Childs father cried victim, and has videos of me standing in front of the door crying during an argument. Before he started recording almost every time before he had pushed me, shoved me, hit me, put me in a choke hold etc. he would then start recording me as I was crying asking... View More

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answered on Sep 6, 2023

Under California law, standing in a doorway is not inherently illegal, but physical violence or abuse, such as pushing, hitting, or kicking, is unlawful and can result in criminal charges and restraining orders. In a custody case, it's crucial to gather evidence, including photos of injuries... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: My son is being charged with his 3rd DV now the law said a third DV is a felony.The person that is the victim in the

Case is not pressing charges. He has been in jail for 10 weeks for this. Do you think they will let him out after his Donal hearing, or do you think he will have to go to prison over this?

James L. Arrasmith
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answered on Sep 4, 2023

In California, even if the victim does not wish to press charges, the prosecutor can still proceed with the case if they believe there is sufficient evidence to convict. A third domestic violence charge is treated seriously and could be categorized as a felony, carrying substantial prison time if... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: 1.Does the Petitioner have to file a Proof Of Service for a TRO? 2. What if the Tro was just left on the porch?

3.If you inform the court the TRO was left on the Porch and the Court still proceeds and Grants the Restraining order for 1 year, is there any grounds for dismissing or a reason to appeal the decision.

4. What if the Petitioner on the day of the Trial turns up with an Attorney and the... View More

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answered on Sep 3, 2023

1. Yes, in California, the petitioner generally needs to file a Proof of Service to show that the respondent was properly served with the Temporary Restraining Order (TRO).

2. If the TRO was merely left on the porch, that might not satisfy California's service requirements, which...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: When you receive a TRO is it supposed to say why the petitioner filed it? Or just the ticked squares with, stay away,

no contact, etc etc ? And do you ever get to view the reasons why? Does the accused ever get to see any of the evidence prior to trial?

Thanks in Advance

James L. Arrasmith
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answered on Sep 3, 2023

Under California law, a Temporary Restraining Order (TRO) typically includes the conditions imposed on the restrained party, such as "stay away" and "no contact," but it may not necessarily contain the detailed reasons for why the petitioner sought the order. However, you are... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: I was arrested but charges dropped and case dismissed, do I now have a criminal record that will affect job hunting?

I was falsely accused of domestic violence and in CA. It is law for an arrest to take place when domestic violence is reported

James L. Arrasmith
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answered on Sep 2, 2023

In California, an arrest without a conviction can still appear on criminal background checks, which could potentially affect your job prospects. However, you have the option to petition the court for a factual innocence finding, which, if granted, would seal and destroy the arrest record. Employers... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for California on
Q: Porqué permiten que el abusador supervise las vicitas de la madre con su hija habiendo orden de corte de no puede hacerl

Porque permite DCFS continuar con la violencia y el abuso al poner de supervisor las vicitas de una madre con su hija. Ignorando la orden de corte que el padre no deve supervisar Por medio de un mensaje de texto supe que DCFS me quito a mis Hijos En una audiencia. Donde me acusaron de abuso... View More

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answered on Sep 2, 2023

In California, if there is an existing court order stating that the father should not supervise visits and DCFS allows him to do so, that would be a violation of the court order, and you could bring this to the attention of the court. Lack of proper notice for hearings and other procedural... View More

2 Answers | Asked in Criminal Law, Employment Law and Domestic Violence for California on
Q: A DV charge reported to the state of California yet no charges were filed and I never went to court. How do I fix it?

I want to work at the boys and girls club.

Bart Kaspero
Bart Kaspero
answered on Aug 24, 2023

We need more people like you! Thank you for wanting to work with B&G's Club! Here's the best that you can do to maximize your privacy and navigate the screening laws for volunteer work:

(1) Make sure that your charges WILL NOT be filed through he District Attorney's...
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2 Answers | Asked in Criminal Law, Employment Law and Domestic Violence for California on
Q: A DV charge reported to the state of California yet no charges were filed and I never went to court. How do I fix it?

I want to work at the boys and girls club.

James L. Arrasmith
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answered on Aug 25, 2023

If you have a DV charge reported to the state of California but no charges were filed, and you never went to court, you should consider obtaining a copy of your criminal record to verify the information. If the record contains inaccurate or incomplete information, you can take steps to correct it... View More

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a joint phone account with my ex-husband, which I have an active restraining order against.

Our phone plan with mine and our children's phone are under his name and he has removed me as an authorized user on the account so I am unable to change or remove any of our lines. I am paying for all the lines, including his. I believe that he is tracking me and the kids through the phones... View More

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answered on Aug 20, 2023

In California, you can request the judge to issue orders for your ex-husband to release the phone numbers and enable you to obtain a new phone service during the hearing for the extension of the restraining order. It's recommended to prepare the necessary papers before the hearing to present... View More

1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I had a hearing today that was VACATED, what does that mean? f

it was for a restraining order that was made from false allegations. I turned in proof that said allegations were false to the judge in a motion to dismiss or terminate the order. my hearing showed up in the Registry Of Actions as being Vacated. is that the hearing is vacated or the order?

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answered on Aug 20, 2023

When a hearing is "vacated," it means the hearing has been canceled or postponed. It does not necessarily mean that the restraining order itself has been vacated or terminated. You should consult with the court or an attorney to confirm the status of the restraining order and whether... View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for California on
Q: Hi if a parent got sentenced for family violence can I petition the courts and ask for emergency custody
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answered on Aug 20, 2023

Certainly, in California, if a parent has been convicted of family violence, you can file an emergency petition for custody. However, the court will base its decision on the best interests of the child, considering factors such as the child's safety and well-being. It's essential to... View More

3 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: can a person shows a picture of some one sleeping in bed by him self prove adultery
John Michael Frick
John Michael Frick
answered on Aug 17, 2023

A party can prove adultery like most facts using circumstantial evidence.

A photograph of a person sleeping in a bed other than where he normally sleeps can be a relevant piece of circumstantial evidence. While not necessarily dispositive, it can be weighed along with other evidence by the...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Can my parent contact my ex-wife if I get a domestic violence personal conduct restraining order against my ex-wife?

Can my parent contact my ex-wife if I get a domestic violence personal conduct restraining order against my ex-wife?

My parent (my mother) has been in contact with my ex-wife since 2019. My mother desires to continue to contact my ex-wife via smartphone chat apps in order to get updates on... View More

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answered on Aug 13, 2023

If you obtain a domestic violence personal conduct restraining order against your ex-wife, it generally includes provisions prohibiting contact via phone, email, text, or social media. This would likely extend to third parties like your parent. It's important to consult an attorney to ensure... View More

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