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California Domestic Violence Questions & Answers
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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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I been granted a DV temporary restraining order. I need to respond to a FL300. Attachment by her are false allegations

Auras are not seizures but has been included in the letter which was attached. I can work through them. I have letters of character, w2's, pictures, Not correct. There is a lot of false accusations. I have a restraining order hearing next week along with the following week custody hearing.... View More

James L. Arrasmith
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answered on Jun 18, 2024

I'm so sorry you're going through this difficult situation with the restraining order and false accusations. Being separated from your child must be incredibly painful.

First, when responding to the FL-300 form and the allegations against you, it's important to stick to the...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: can i bail out again if i skip bail the first time i bailed out and my bail again is set at 2,500 for a D.V case

25,000 not 2,500

James L. Arrasmith
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answered on Jun 18, 2024

Skipping bail is a serious offense that can lead to additional criminal charges and penalties.

Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I have a restraining order giving me full custody and 1 hour weekly supervised visits with an LMFT or LCSW.

The order was made January of last year and visits started in August I believe and they’re with a facility that does not employ either of the licensed workers the judge ordered. Do I need to continue visits or wait till he finds the right supervisor

James L. Arrasmith
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answered on Jun 17, 2024

In this situation, it's important to follow the specific terms of the restraining order and custody arrangement. If the court order explicitly states that the supervised visits must be with an LMFT (Licensed Marriage and Family Therapist) or LCSW (Licensed Clinical Social Worker), and the... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Hi is it bad to audio record verbal abuse of someone without their consent?

I have a verbally abusive 30 year old cousin who yells at my mom and threatens to call the pound on my dog just because he is living outside, (he is licensed, I just lost the tag and can't come in due to my grandma's allergies). Anyways, I recorded him yelling at my mom calling her names... View More

James L. Arrasmith
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answered on Jun 15, 2024

I would strongly advise against secretly recording your cousin, as this could potentially be illegal under California law. California is a "two-party consent" state when it comes to recording conversations. This means that it is a crime to record a private conversation without the consent... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, you have a few options for handling her belongings while respecting the criminal protective order. Since she is ordered to stay away, you should not directly contact her. One option is to send her a written notice, through certified mail, informing her that she has a certain... View More

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1 Answer | Asked in Domestic Violence for California on
Q: Good Afternoon, What should be included in restraining orders?

Should declarations of incidents be very thorough? How should a declaration look?

James L. Arrasmith
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answered on Jun 13, 2024

In California, a restraining order (also known as a protective order) can be filed to protect a person from abuse, harassment, stalking, or threats. When filing for a restraining order, it's important to include a detailed declaration of the incidents that led to the request for protection.... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Civil Litigation for California on
Q: If the police let my exbf use his phone while he was in custody for domestic violence, are they responsible for texts?

my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I... View More

James L. Arrasmith
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answered on Jun 12, 2024

In this situation, there are a few important legal considerations:

1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their...
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