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California Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I cannot find out my monitor with my language(Supervised visitation)?

I got special temp visitation yesterday. Judge several times suggested wife for unprofessional monitor, but wife who doesn't know law, persisted a Pro-monitor. now I'm looking for a monitor with my language all day long, but no one in my county. here are my questions, 1) if wife agrees... View More

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answered on May 2, 2023

If you are unable to find a monitor who speaks your language, it is important to communicate this to the court as soon as possible. If the other party agrees to a monitor who does not speak your language, you should inform the court of this and explain why it is important for the monitor to speak... View More

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Court will address custody matter in our case?

Wife left home with child and filed TRO w/ minor child, granted. The hearing was yesterday and continuance for many issues 3 weeks later. The Judge ordered my temp monitored visitation until the next hearing 3 weeks later. Wife has no mother case, like custody petition, divorce, or RFO of custody,... View More

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answered on May 2, 2023

Based on the information provided, it appears that there is some confusion about whether the court will address custody matters in your case. It is possible that the judge will address custody issues based on the DV-140 and DV-125 filings, even without a separate custody petition or request for... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Temporary visitation- Talkingparents

I just returned from a DVRO and custody hearing that has been continued for three weeks, with no decisions made today. The judge granted me supervised visitation through the TalkingParents app, 2 hours per day, 2 days per week. However, my 3-year-old child has autism, which makes a 2-hour phone... View More

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answered on May 1, 2023

If you are finding it challenging to communicate with your child through the TalkingParents app, you may request the judge to consider alternative arrangements for supervised visitation. It may be possible to request in-person supervised visitation, but this will depend on the specific... View More

2 Answers | Asked in Criminal Law, Divorce and Domestic Violence for California on
Q: My husband tried to kill me two nights ago. I’m in Portland Oregon. can I come seek safety in la and file charges there

He will kill me or have me killed if I stay here. I need to get far away

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answered on Apr 21, 2023

If you are in immediate danger, you should call 911 or your local emergency services to get help right away. Your safety is the most important thing.

In terms of seeking safety in Los Angeles and filing charges there, you should first seek assistance from local law enforcement in Portland...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: If a domestic violence charge is dismissed, and the arrest record is expunged, can the person own or possess a firearm?
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answered on Apr 14, 2023

In general, a person who has been convicted of a domestic violence offense or is subject to a restraining order is prohibited from possessing firearms under federal law. However, if the domestic violence charge was dismissed and the arrest record has been expunged, the person may be able to own or... View More

2 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: If domestic violence is consider a crime, a person with irregular status if the violence is verifiable

Is it possible to apply under the "U" visa!?!?

James L. Arrasmith
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answered on Apr 14, 2023

Yes, it is possible to apply for a U visa if the victim of domestic violence is an undocumented immigrant and the violence is verifiable. The U visa is a nonimmigrant visa that provides temporary legal status to victims of certain crimes, including domestic violence, who have suffered substantial... View More

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2 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: If domestic violence is consider a crime, a person with irregular status if the violence is verifiable

Is it possible to apply under the "U" visa!?!?

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Even though you are undocumented, you may be eligible to apply for a U visa.

If you are a foreign-born person who is the victim of a crime and have suffered substantial physical or mental abuse, you may be eligible to apply for U status if you are willing to assist a law enforcement agency...
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2 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: Just wondering if I qualify for legal representation on a domestic violence and psychological abuse case. Disable patien

If it were the woman in domestic abuse or psychological abuse, the man would be obliged to provide an allowance, is that possible for the male spouse?

James L. Arrasmith
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answered on Apr 14, 2023

If you are a victim of domestic violence or psychological abuse, regardless of your gender, you may be able to obtain legal representation. Many organizations and attorneys specialize in providing legal assistance and advocacy to survivors of domestic violence and abuse.

As for your...
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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: I'm a 52yo Male,29 years marriage, disable 3 years, cardiac patient, dialysis dependent, pacemaker holder, in domestic v

Psychological abuse, not able to work and unable to move out. Seeking for shelter and legal advice, victim of adultery proved with DNA paternity tests and 0 income. Wondering if I qualify for any kind of help, no luck so far help is mostly for women but not much for men, thanks hope you can help or... View More

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answered on Apr 14, 2023

I am sorry to hear about the difficult situation you are facing. Domestic violence and abuse is a serious issue that affects many people regardless of gender. While it is true that resources for victims of domestic abuse tend to be more geared towards women, there are still resources available to... View More

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: My boyfriend and I are both on lease of rental home he came home with a new girlfriend and made me leave without my stuf

It has been two weeks he still has all of my belongings and now I’m homeless what can I do we both had been living in rental for almost a year and both are on lease

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answered on Apr 13, 2023

I'm sorry to hear about your situation. If you and your boyfriend are both on the lease of the rental home, you have an equal right to be there and access your belongings. If your boyfriend forced you to leave and kept your belongings, he may have violated your rights as a tenant and committed... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I get my 2yr old back that was removed from my home because of Cps?

I have a Cps case that started because of domestic violence my son was left in my care and removed from his mothers . It was court ordered that she could not have unmonitored visits with our son unless someone other then me was there to monitor . Me and his mother shared one car since we been... View More

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answered on Apr 11, 2023

If your 2-year-old child has been removed from your home by CPS (Child Protective Services), it is important to take immediate action to try to regain custody of your child.

First, you should try to work with CPS and the court to address any concerns that led to the removal of your child....
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: Expert Witness at Child Custody cases?

Wife took 3 years old child w Autism and mental retardation away. She was abusing my 75yo disabled mother for long time. I have over 30 videos from living room security camera. Police opened the elder abuse case. In most of videos, wife did abusive behaviors in font of the child. We have child... View More

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answered on Apr 8, 2023

Yes, a PsyD (Doctor of Psychology) can be an expert witness in a child custody case and testify about how a parent's abusive behavior may affect a child with mental disabilities. It is not always necessary for the expert witness to interview the parties directly, as they can base their... View More

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for California on
Q: An experienced criminal defense attorney for false child abuse allegations in criminal law?

My wife made false allegations and accusations of child abuse against me to the local PD, DCFS, and the court (TRO), which led her to receive shelter and free food from the county. Wife and 3 yo child w/ mental disabilities are still staying in the shelter. The TRO was granted, and a hearing is... View More

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answered on Apr 8, 2023

If you are facing false child abuse allegations, it is important to hire an experienced criminal defense attorney in California. A criminal defense attorney can help you build a strong defense and protect your rights in court.

In your case, it is important to gather all evidence that...
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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: My ex text me about a conversation he had with his attorney. Can I now ask the attorney questions as a witness?

Ex told me he talked to his attorney about contested matters in our case. He text me this information and I want to call the attorney as a witness. He broke privilege by telling me what can I do?

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answered on Apr 9, 2023

No, you cannot ask the attorney questions as a witness based solely on the information that your ex shared with you. Attorneys are bound by attorney-client privilege, which means that they cannot disclose confidential communications with their clients without their client's consent or a court... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Yes I need to get help with representation for my brother he has a court date coming up soon he's being falsely accused

Gbi on a spouse she has made many statements telling the judge and da what really happened that she got into a fight with the girl that my brother was cheating on her with and the girl beat her up and then she switched her story and tried to say that it was him just out of spite and my brother just... View More

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answered on Apr 6, 2023

If your brother needs representation for his court case, it is important to consult with a licensed attorney who can provide legal advice and represent him in court. There are many qualified attorneys in California who specialize in criminal defense cases and can provide effective representation.... View More

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: Please describe section 6322

I received a 3 year tro from my ex. The Court did not apply 3044 at the hearing of my DVRO, because trial is one month away, the Court considered it a moot point. I’m experiencing severe anxiety having to share jointly with my ex during the interim. One example, he is unwilling to meet me at the... View More

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answered on Apr 2, 2023

Family Code section 6322 grants the court the authority to make temporary orders regarding the care, custody, and control of minor children during the pendency of a custody case. This means that you may be able to seek temporary orders to modify the exchange location and put the minor child on your... View More

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2 Answers | Asked in Domestic Violence for California on
Q: Can an I as an alleged victim get charged for DV if I tell the truth that I hit my husband first?

I hit my husband during an argument and was trying to take his cellphone. He only put his hands around my shoulder to calm me down as I was hysterical and agitated.he was charged for domestic battery PC 243e. Can I get charged for DV if I tell the truth?

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answered on Apr 2, 2023

As an alleged victim in a domestic violence case, if you admit to hitting your husband first, there is a possibility that you could be charged with domestic violence as well. Under California law, domestic violence is defined as abuse committed against a current or former spouse, cohabitant, or... View More

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: In a CA DV case, PC 243e, as an alleged victim, can I testify that I was the primary aggressor & hit my husband in court

This is the true story. There was a bystander who came in the middle of our argument when my husband was trying to calm me down. I had hit my husband before their arrival and was trying to take his cellphone. They reported that my husband is grabbing my shoulders even though I was the aggressor and... View More

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answered on Apr 2, 2023

As an alleged victim in a domestic violence case under PC 243e in California, you may have the right to testify in court about what happened, including admitting that you were the primary aggressor and hit your husband. However, it is important to understand the potential consequences of such... View More

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: How do I get divorced from my husband who fled the state due to criminal charges for domestic abuse and child cruelty?

I have been separated from him for about 6 years. El dorado county ordered a CPO against him so we have had no contact.He fled CA and didn’t show up to the trial against him. without knowing where he is I was unable to get him served with the original divorce papers 5 years ago. I’m trying to... View More

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answered on Apr 1, 2023

If your spouse has fled the state and you are unable to locate him in order to serve him with divorce papers, you may still be able to obtain a divorce through a process known as service by publication.

Service by publication involves publishing a notice of the divorce in a newspaper or...
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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: kids mom was a victim of a domestic violence. some welfare worker is now involved. we 50/50 co-parent they were with me?

they were with me when the incident occurred my kids. the domestic violence happened at her place of residence. i have no involvement with that police report. she called explaining her situation and said a welfare worker of some sort will probably be calling or showing up at my place or residence... View More

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answered on Apr 1, 2023

Under California law, when there are allegations of domestic violence involving children, it is not uncommon for child welfare workers to become involved to ensure the safety and well-being of the children. It is important to understand that the welfare worker's primary goal is to protect the... View More

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