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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: DV R/O files on me by my child’s father but he’s on my social media stealing her Pictures through a fake profile

Can I file a Restraining Order too? To protect my daughter and I from the Stalking?

Mike Darlington
Mike Darlington answered on Feb 24, 2020

You can always file for a restraining order, but it would appear you would need a lot more to obtain one. I am not sure what you mean by he's "stealing her pictures through a fake profile." If you are indicating he is merely copying pictures of his child from your profile, that will probably not... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: Can I get charged for picking up my friend an driving off after she stole a phone a beat up a person.

The lady took pictures of my license plate. There's a police investigator that wants to talk to me

Dale S. Gribow
Dale S. Gribow answered on Feb 21, 2020

MORE INFO NEEDED.

HOWEVER, YOU PROBABLY SHOULD NOT BE DISCUSSING THIS ON AN OPEN FORUM.

IT MAY BE SIMILAR TO A DRIVER IN A BANK ROBBERY........DEPENDING ON THE FACTS.

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can a person go to a family law hearing if it's not theirs?
Mike Darlington
Mike Darlington answered on Feb 21, 2020

Hearings are open to the public unless it is a confidential case, such as an adoption, paternity, CFS, etc. For those type of cases they normally close the courtroom. Other than that you should be able to attend.

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Completing forms for Perm RO against abusive ex. - can having placed a recording device ex found out about implicate me?

Just issued a RO against ex boyfriend who verbally, physically, and psychologically abused me, using my supposed cheating as reason why he treated me in abusive manner. Was granted temporary RO and now completing forms for permanent. While we were together, I'd placed a recording device in his... Read more »

Mike Darlington
Mike Darlington answered on Feb 20, 2020

Shouldn't have done that. At this point you just need to see if he brings it up and hope he doesn't. But if he does you need to get representation right away, and not discuss this matter with anyone else until you do, because the ramifications of this can be far reaching.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I was never arrested but was detained. I had to post 10% bail. Do I get that bail $ back?

I have a letter from the sheriff's office stating it was only a detention

Dale S. Gribow
Dale S. Gribow answered on Feb 16, 2020

more info needed.

most often bail is posted through a private bail bonds biz and you post 10%.

unless the city had some practice of posting with the city you do not get the money back.

you could file in small claims court against the governmental entity......but suing city...
Read more »

1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I have a question regarding filling out the Request for Elder Abuse Restraining Order Form EA-100.

On QUESTION 5A (Description of Protect Person) of form EA-100 it asks if the person SEEKING a restraining order "is 65 or older and a resident of California".

In this scenario, the person whom the protection is AGAINST (in QUESTION 2) lives in CALIFORNIA; however, the person SEEKING... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Feb 14, 2020

Your question isn't quite clear.

If the victim (protected person) is in California then that is good and the questions are mostly about them.

Are you saying that the person requesting an order to protect our California elder is in NV? That is OK then, but you have to file where...
Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for California on
Q: I have a warrant out from county A but am going to be sentenced to do time in county B should I tell county A?

I have COURT for county A before I Attend county B for sentencing.

Dale S. Gribow
Dale S. Gribow answered on Feb 10, 2020

more info needed

be careful posting on a site like this that is open to anyone.

you obviously have a lawyer, either private or court-appointed, ask your lawyer who will have all the info in front of them.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for California on
Q: I left an abusive relationship. I took some of my belongings and the dogs. He keeps telling me to bring his dog back.

I pay vet bills/ buy food, etc. and on all documents at the vet l am listed as owner. Can he call police and force me to give him the dog? She is used as my ESA. I have a note from my doc stating she helps me with my anxiety. He claims l can go back if l get rid of my other dog and give him back... Read more »

William John Light
William John Light answered on Feb 9, 2020

The police likely won't get involved in what appears to be a civil dispute over ownership to property. If he wants the dog back, he could report it stolen. He can sue you in Small Claims for the value of the dog or its return, if he can prove ownership. The fact that you use the dog as your ESA... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: What can I do to win the case of domestic violence and be with my husband and 5 month baby with us ?

Hi . I have court next week I never been to it before me and my husband have an open case of domestic violence. We have a 5 month old baby with special needs . We want to have an opportunity to be together but we have DCFS on us . I dont know what to do ?

Dale S. Gribow
Dale S. Gribow answered on Feb 8, 2020

more info needed.

you are charged with DV and not your husband?

DV can be from a criminal act or family law situation.

sounds like yours is a family law and i do criminal, not family law.

however, it would retain a lawyer who could acquire all the evidence.

3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for... Read more »

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... Read more »

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1 Answer | Asked in Estate Planning, Civil Rights, Collections and Domestic Violence for California on
Q: We had listed on the form when we fill out that fees be paid by the respondent. The attorney was hired after and we told

We told the attorney but during the trial he told the judge that we want 5 years and we thought once that is granted what we stated on the application for restraining order will be granted. It was after that the attorney reported that only 5 years was granted and nothing else by the judge. Could we... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

your missive is confusing.

the person to ask re the other side paying your legal fees would be your lawyer who has all of the info in front of him/her.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My ex has restraining order and now asking for child custody. 1. I didn't make many police report but

My ex has restraining order and now asking for child custody.

1. I didn't make many police report but he has been physically abusive / verbally and emotionally

2. he's not a permanent resident

3. he works for cash and if he does get the daughter I am afraid he would... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

i should be on DUI and PI

you would explain these concerns to the court with the info you have.

most courts have attorneys, paralegals or clerks available to answer questions.

go to the courthouse involved and inquire,

maybe google legal aid

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: attorney fee paid by the respondent ?

We got our restraining order and judge granted and on the form we had asked that attorney fee paid by the other respondent.

How could we get the respondent pay the attorney fees? we had a trial and now we have to pay for extra fee.

Mike Darlington
Mike Darlington answered on Jan 26, 2020

Actually, the statutes that provide for restraining orders (civil harassment and domestic violence) provide a provision for the payment of attorneys fees. From your question it does not appear this is a contract action which the prior answer deals with.

If properly plead the court can...
Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: No probation for DV. I didn’t get injured at all. I haven’t seen the video yet. They won’t show me.

I told the police what had happened we were arguing and when I was shoved something broke and my mom thought we were fighting. My boyfriend wanted the keys to leave the scene so we went outside as we were outside we continued to argue and that’s when I believe a neighbor got us arguing on tape n... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

more info needed.

you need to talk to a criminal lawyer that handles that county and knows the DA's and Judges there.

almost all family members who are victims modify their story to favor the accused and to protect him/her from prosecution and or explain they don't want the arrest...
Read more »

1 Answer | Asked in Domestic Violence for California on
Q: My mom called the police on me and my boyfriend for arguing and she has a video of us arguing and he pushes me once.

He went to jail for one night I bailed him out that morning he got charged for domestic violence . It is his first offense but he is on informal probation right now. Will he be serving serious time? Or is there a chance the judge will recommend formal probation for longer time and anger management... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2020

more info needed. the answer will be controlled by the facts? the bottom line is to hire a lawyer asap and don't discuss this on an open forum where anyone can later read it.

is he on probation for DV?

were you injured in either incident?

what does the video show?...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My bf and my roommate fought on the freeway and I want to know the worst-case-scenario outcome for my bf.

I was not there. Bf drove my car. He and roomy argued. Roomy demanded to be let out, middle lane, many cars, going fast - request not yet possible. Roomy put car in park and turned off ignition, and doesn't let bf put it back on; bf flails and does what he can to try. Roomy pins bf's arms and neck.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 15, 2020

more info needed.

the case will be fact based..........what can they prove?

it sounds like self defense up until there was a cease fire and your boyfriend reinitiated the fight.

contact a criminal lawyer and write down the facts as they are fresh in his mind now but may not...
Read more »

1 Answer | Asked in Domestic Violence for California on
Q: I have an restraining order on my husband he was ordered to move out of our house can he turn off my pge

we are going thru a divorce also

Dale S. Gribow
Dale S. Gribow answered on Jan 13, 2020

more info needed.

you are asking if he can shut off your gas? whose name is it in? if his transfer to your name.

bring this to the attention of your family law attorney as I do not do divorces.

1 Answer | Asked in Domestic Violence and Legal Malpractice for California on
Q: Lawyer is not helping me retrieve my confiscated items from the case he was hired to work, what do I do?

I had a bunch of personal items (cellphones, passport, tablet) confiscated and held in police lockup when I got arrested back in July 2019.

The case is now long over, I've been out for 3 months and even though I was told by the judge that I can get my items back my lawyer has not retrieved... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 9, 2020

more info needed.

did you hire this lawyer or was he court-appointed?

either way s/he should be more client-friendly.

if you feel the lawyer is doing something wrong and you don't want to spend the money on another lawyer to assist you, one alternative is to call the state...
Read more »

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Ciliv right was taken out of my town for safety then left in another town with no shelter and homeleds
Dale S. Gribow
Dale S. Gribow answered on Jan 6, 2020

more info needed.

i didn't understand the question

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California on
Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and got... Read more »

Mike Darlington
Mike Darlington answered on Jan 6, 2020

I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... Read more »

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