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California Domestic Violence Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I filed a DV RTO against my child's father. How can I serve him with no known address? The area is Pomdale or Lancaster

The DV RTO was granted and he avoids the law due to a long record. No one knows exactly where he stays just that he has said he comes from the Palmdale Lancaster area. The LAPD I believe has his current address on file but the sheriff's department stated that if I don't know the address... View More

James L. Arrasmith
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answered on Apr 1, 2023

If you are unable to locate the individual in order to serve them with the DV RTO, there are a few options available to you. One option is to hire a private investigator to locate the individual. They can use various resources and techniques to track down the individual's current address.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can I ask for DVRO even though I moved out and the lawyer dropped CHRO and disappeared? I match case law and need

1st Lawyer said nothing at hearing when respondent showed video mislead judge said I lived in lsewhere when I was defending myself in my own home where I lived with my 2 yo. Friend now housemate said I lived elsewhere was trying to evict me leading her to believe I was a houseguest not a... View More

James L. Arrasmith
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answered on Mar 26, 2023

It's possible to file for a Domestic Violence Restraining Order (DVRO) even if you have moved out of the residence where the violence occurred and your lawyer dropped the case. However, it's important to consult with a new lawyer or legal aid organization to help you navigate the legal... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can I ask for DVRO even though I moved out and the lawyer dropped CHRO and disappeared? I match case law and need

1st Lawyer said nothing at hearing when respondent showed video mislead judge said I lived in lsewhere when I was defending myself in my own home where I lived with my 2 yo. Friend now housemate said I lived elsewhere was trying to evict me leading her to believe I was a houseguest not a... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 27, 2023

i think this is going to be an issue best handled by a family law attorney for the Domestic Violence Restraining Order.

you should make an appt with another lawyer to review the facts and determine if s/he would handle on a contingency or if you would have to pay a retainer.

if the...
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3 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for California on
Q: I have been served with a Temporary Restraining Order (DV-110 and DV-140) from my wife.

The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... View More

James L. Arrasmith
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answered on Mar 25, 2023

If you have been served with a Temporary Restraining Order (TRO) in California, you generally have only five (5) calendar days from the date you were served to file an "Answer to Temporary Restraining Order" (Form DV-120) and serve a copy of your answer on the petitioner. The answer must... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: how can i go about a coparent who has manipulated the courts and others to make me look like a bad father
James L. Arrasmith
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answered on Mar 23, 2023

If you are a co-parent in California and you believe that the other parent has manipulated the courts and others to make you look like a bad father, there are several steps you can take:

Document Everything: Keep a record of all interactions you have with the other parent, including emails,...
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2 Answers | Asked in Domestic Violence for California on
Q: I was served protection orders with false accusations and I do not have representation. What can I do?

I was served only in retaliation in attempting to serve her papers to Re-modify visitations with my daughter.

James L. Arrasmith
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answered on Mar 21, 2023

If you have been served protection orders with false accusations and do not have representation, you have several options for responding to the allegations:

Request a hearing: You have the right to request a hearing to contest the protection orders. You should respond to the accusations in...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I am being charged with battery against a spouse. Spouse does not want to press charges. Will I be convicted?

I admitted to the officer that I touched my spouse on the shoulder while he was walking away from me. We were having a verbal argument. Bystanders claimed that I grabbed my spouse around the neck and pulled on his shirt however I only touched my hand to his shoulder. He was walking very fast and I... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 18, 2023

Initially, if you don't retain a lawyer, ask for the court to appoint a public defender at your first appearance.

If you retain a lawyer, have him/her try to contact the filing Deputy DA to stop the filing.

Understand it is not up to one party to decide whether they want to...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I am being charged with battery against a spouse. Spouse does not want to press charges. Will I be convicted?

I admitted to the officer that I touched my spouse on the shoulder while he was walking away from me. We were having a verbal argument. Bystanders claimed that I grabbed my spouse around the neck and pulled on his shirt however I only touched my hand to his shoulder. He was walking very fast and I... View More

Bart Kaspero
Bart Kaspero
answered on Mar 18, 2023

Your specific facts put your case in the less serious category of domestic violence cases. You are not likely to see any jail time after appearing in court. Bystanders (witnesses) can see the wrong thing if they don't have the context of what they're noticing. Your admission to the... View More

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2 Answers | Asked in Domestic Violence and Criminal Law for California on
Q: I'm looking for a pro bono attorney for a felony case in California
James L. Arrasmith
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answered on Mar 18, 2023

There are several organizations in California that offer pro bono legal services for individuals facing criminal charges. Here are a few options to consider:

Public Defender's Office: If you are unable to afford an attorney, you may be eligible for a public defender to represent you....
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2 Answers | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Domestic Violence for California on
Q: I found portion of original copy of video used against me for CHRO it’s past 180 days what can I do?Too late for appeal?

Can I just send it to the judge?maybe reopen?Motion to reconsider? What can I file after 180 days? Anything? I tried for dvro and No one would help me until he stole everything from me then I found Phillips vs Campbell (2016)have at least 50k in receipts and value from luxury consignment, and so... View More

James L. Arrasmith
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answered on Mar 15, 2023

If it has been more than 180 days since the judgment was entered against you, it may be difficult to file an appeal or motion to reconsider. Typically, there are strict deadlines for filing appeals and motions for reconsideration, and if those deadlines have passed, it may be too late to pursue... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Falsely charged with domestic violence, fought the charges cases dismissed. Found Ex lied about abuse, what can I do?

During discovery, I found my ex filed 7 police reports against me full of lies. A former officer of the law, he had me arrested 4 times, including after a violent attack recorded by security cams. I read the reports where he asked to press charges against me. 6 reports and I never was called... View More

James L. Arrasmith
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answered on Mar 15, 2023

It may be possible to pursue legal action against your ex for filing false police reports and seeking an EPO against you based on lies. You should consult with a qualified attorney who can review the facts of your case and advise you on your legal options.

Regarding your question about...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: What are my options 182 days post 3 yr CHRO judgement in sf Superior Court?

I petitioned for a CHRO against the individual I lived with. I needed DVRO, was pregnant, guy harassed my 3 yo daughter and me.The attorney I hired didn’t speak on my behalf as Plantiff.The individual retaliated,asked for CHRO, he was denied,but judge granted it by watching a dubbed video of me... View More

James L. Arrasmith
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answered on Mar 14, 2023

It sounds like you have gone through a difficult legal process and have experienced some challenges with representation and evidence. Here are some potential options you may want to consider:

Appeal: If you are dissatisfied with the outcome of your CHRO judgment, you may be able to file an...
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2 Answers | Asked in Domestic Violence for California on
Q: What is the name of the document that I would need that has record of everything verbalized in a courtroom during a case
James L. Arrasmith
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answered on Mar 14, 2023

The document that contains a record of everything that is verbalized in a courtroom during a case is called a transcript. It is created by a court reporter who transcribes the proceedings of a trial or hearing. The transcript typically includes a verbatim account of all oral testimony, arguments,... View More

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: Is there any statute of limitations on providing either party a copy of a protective order in California ?

I was just wondering if there is any time limit for this. The court apparently issued a new protective order (there was already a CPO in place) at my partners last court hearing where he accepted a deal. However it has almost been one month since that court date and I have yet to receive anything... View More

James L. Arrasmith
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answered on Mar 4, 2023

Under California law, there is no specific statute of limitations on providing a copy of a protective order to either party. However, it is generally expected that the parties will receive a copy of the order as soon as possible after it has been issued.

In your case, if it has been almost...
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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

James L. Arrasmith
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answered on Mar 1, 2023

It is difficult to provide a definitive answer without knowing more about the specific circumstances of the case and the applicable laws and regulations in the relevant jurisdiction. However, in general, allowing a witness to take a break during cross-examination to make a phone call to their... View More

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Dale S. Gribow
Dale S. Gribow
answered on Mar 1, 2023

A Bench Officer has a lot of discretion concerning a recess.

However, no one on this list has all the info, and most people asking questions on the internet are naturally not the best historians.

If you are in trial, that is a question you should ask your attorney.

What did s/he say?

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Is it violation of due process rights for a magistrate to allow an officer/"witness" a break to get off the stand and

Make a phone call in the middle of cross examination to his supervisor to see if he was indeed post certified to testify under 115 on an unavailable witnesses behalf?

Christopher Walsh
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Christopher Walsh
answered on Mar 1, 2023

A magistrate is given a lot of discretion in situations like the one you've described. It sounds like the officer was probably newer and unfamiliar with the issue. Almost any police officer who is a sworn peace officer and has completed a law enforcement academy would be qualified to testify... View More

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2 Answers | Asked in Domestic Violence, Criminal Law, Civil Rights, Social Security and Family Law for California on
Q: False Allegations of Domestic Violence?

My foreign wife, married moved to this country last year and has conspired with her daughter over the past few months to make false allegations of domestic violence to the police and LA county. As a result, they were given temporary shelter and food. However, during the investigation, the police... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 28, 2023

It sounds like your issues are more family law.........unless you were arrested and are being prosecuted.

Then you would need to make an appointment with a criminal defense lawyer or request the court appoint a public defender for you ...at the arraignment.

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2 Answers | Asked in Domestic Violence, Criminal Law, Civil Rights, Social Security and Family Law for California on
Q: False Allegations of Domestic Violence?

My foreign wife, married moved to this country last year and has conspired with her daughter over the past few months to make false allegations of domestic violence to the police and LA county. As a result, they were given temporary shelter and food. However, during the investigation, the police... View More

James L. Arrasmith
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answered on Mar 4, 2023

It is possible that your wife may be charged with making false allegations of domestic violence, which is a criminal offense. However, it will be up to the police and the prosecutor's office to decide whether or not to press charges. You may want to speak with an attorney who specializes in... View More

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: Keeping a child away from a parent

Victims

James L. Arrasmith
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answered on Feb 21, 2023

If you are a victim of someone keeping a child away from a parent, there may be legal options available to you. Here are some steps you can take:

Document the situation: Keep a record of all interactions with the other person, including dates, times, and what was said. If possible, get...
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