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California Domestic Violence Questions & Answers
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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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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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How can CPS take and KEEP my son if NO CRIMINAL/DRUG/D.V. CHARGES are pending against me? NO custody/visits since 2018!!

My ex-husband lied about me to the courts and made accusations against me to cps (during a very heated divorce) saying i was using and selling drugs, that i was a prostitute, and that i literally abandoned my son. None of his accusations were proven true or were backed up by any creditable... View More

James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear about your situation. It sounds very difficult and complicated. In order to regain custody of your son, you will likely need to work with an attorney who can help you navigate the legal system and advocate for your rights. Here are some steps you could take:

Hire an...
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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... View More

James L. Arrasmith
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answered on Feb 20, 2023

If your ex-girlfriend's false allegations of domestic violence resulted in negative consequences for you, such as an arrest and lost custody of your daughter, you may have legal recourse to hold her accountable for her actions. Here are some potential options:

File a lawsuit for...
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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself.... View More

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2 Answers | Asked in Domestic Violence for California on
Q: Can I contest a restraining order as the protected party in Los Angeles County?

My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a... View More

James L. Arrasmith
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answered on Feb 20, 2023

Yes, as the protected party, you have the right to contest a restraining order in California. If you believe that the protective order is no longer necessary or that the conditions of the order are too restrictive, you can ask the court to modify or terminate the order.

To contest the...
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2 Answers | Asked in Domestic Violence for California on
Q: A pc242 telephone hearing scheduled for my brother,who kicked out of his place a girl I was dating., She showed up drunk

She was drunk and angry,yelling and threatening me.,My brother ask her to leave.,She wouldn't.,my brother is 70 years old

James L. Arrasmith
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answered on Feb 20, 2023

It sounds like your brother is facing a misdemeanor charge of battery under California Penal Code 242, which is the intentional and unlawful use of force or violence against another person. The charge may have been filed because he kicked the girl you were dating out of the property.

If...
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2 Answers | Asked in Contracts, Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My ex is on my lease and is not paying for rent and moved out and won’t answer my calls or texts. What do I do?

I just want legal advice on how to evict him or make him pay half his share

Joshua D. Brysk
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answered on Jan 19, 2023

There is no good/easy way to make him pay half. It is the Landlord that has a right to collet rent; you have a right to contribution, but it is not worth pursuing against someone who moved out. If you want to keep the place without your ex, you can talk to your landlord about changing the lease... View More

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2 Answers | Asked in Identity Theft, Criminal Law and Domestic Violence for California on
Q: how do I, safely, get protection from a girlfriend who fraudulently made her my DPOA and has repeatedly forged my sig

This girlfriend sent the fraudulent DPOA document to my employer and interfered with my employment very badly. The day I learned I had lost my job due to my employer needed more information and repeatedly called the girlfriend who grunted in response and hung up. She has done a lot aof damage and... View More

Christopher Walsh
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Christopher Walsh
answered on Jan 3, 2023

If your girlfriend forged your signature and created fraudulent documents that caused you injury, then crimes have been committed (identity theft, forgery). The whole issue will be proof. It will be important to gather any documents or evidence that you have to show what took place. There are a... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Do I have a lawsuit against police If wrongly arrested for Dv with restraining order. He had scratches and 1 bite mark

I had 2 bite marks scratches and 2 balled spot of hair missing defending myself .And our 3 month old baby given to an intoxicated father who was almost allowed to drive off until the grandma complained he was drunk. Given a breathalyzer failed it and instead of leaving the baby with the grandmother... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 22, 2022

i assume you are getting a divorce? If so ask for advice from that lawyer.

Whenever there is a DV call, the officers will arrest one party.

You can always sue anyone, but I would bet no lawyer would take it on a contingency.

That means you would have to pay a lawyer on an...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: PCO process, also medical exception exist(?) to modify judge's NCO to PCO if dv victim health deteriorating from NCO?

Boyfriend charged dv felony - released to sober living yesterday after 40 days. I requested peaceful contact 3 times since 1st hearing, 11/21 (we had contact the week before). Not approved for my protection/safety due to severity of case, no end date yet, Judge okay w/ continued requests w/victim... View More

John Karas
John Karas
answered on Dec 22, 2022

Your BF obviously was represented by counsel, given he was charged with a felony and there were at least 3 hearings which you attended, most likely a PD (Public Defender).

Your only option, since you're not an attorney, is to have the PD file a formal motion seeking a sentence...
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Q: My name is Modesto and my mother accused, took me to Pomona childrens court I have never been charged or arrested

Never charged I got dv

I wrongfully accused

Never arrested or charged

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2022

the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance.

s/he will have access to a police report and any other evidence.

since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Prison sentence 2yrs half time,with 10months credit,5 actual month in will you have 2months left to do or 7 months left,
Rhonda Mae Hixon
Rhonda Mae Hixon
answered on Oct 27, 2022

When calculating credits you want to subtract actual time in custody from the total sentence imposed, then apply the half-time credits to determine the out date. So, roughly two years is 730 days, minus the 150 (5mo in), or 580, which would be 290 at half-time, or about 9 months

2 Answers | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: What happened if someone file your birth certificate and a restraining order case I didn’t give them my birth certificat

I didn’t give them permission to use my birth or I didn’t give them permission to file anything. A restraining order case is public records. Anyone can get access to my birth certificate.

Robert Kane
Robert Kane
answered on Oct 30, 2024

Who is "them?"

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What is Hearing results DOPP

Criminal case two aggravated corporalninjusty charges and a contempt for violation of cpo

James L. Arrasmith
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answered on Oct 30, 2024

You're facing charges of aggravated corporal injury and contempt for violating a criminal protective order, and you're wondering about the hearing results labeled "DOPP". This is a serious situation, and understanding the terminology is crucial for your next steps.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: need some assistance or guidance

hello i have a case out of san bernardino court house case FAMSB2401279 i have an attorney now representing me however i feel like my primary concerns are not being addressed and this case is dragging on longer then it needs to. my attorney is a criminal defense attorney and i need to get my... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry to hear about the challenges you're facing. It’s important to have an attorney who fully understands and prioritizes your family law concerns. You might consider consulting with a family law attorney who has experience specifically in child custody and domestic violence cases... View More

1 Answer | Asked in Domestic Violence for California on
Q: This is a domestic dispute case I have entered more details in the detail section

There was a domestic dispute between my boyfriend and I and I never called the cops. One month later his mother called the cops for another incident concerning him and her. While speaking to the officer she called me to come over and she told the cop what had happened between her son and I. I never... View More

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry you're going through this difficult situation. It might help to reach out to a family law attorney who can guide you on the best steps to take to support him legally. They can review the details of your case and advise if there are options to appeal the decision or seek... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car I pulled over parked got out to make him get out We both left my car walking about 30 min later we both came back to my vehicle I tried to get my keys ready to get into my car before he could reach & get in also I was... View More

James L. Arrasmith
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answered on Oct 26, 2024

I'm sorry you're going through this situation. To address the restraining order that's part of his probation, you should first reach out to a legal professional who can guide you based on the specifics of your case. They can help you understand the conditions of his probation and how... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car, I pulled over, parked, got out to make him get out of my car also. We both left my car & took off walking. about 30 min later we both came back to my vehicle. I tried to get my keys ready to get into my car before he could... View More

James L. Arrasmith
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answered on Oct 26, 2024

To have a restraining order dropped that was filed through his probation, you’ll need to take specific steps within the legal system. Start by reviewing the order carefully to understand the terms and the reasons it was issued. It may be beneficial to gather any evidence or witnesses that can... View More

1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: Example: I have rights as a mother. I have right to safety. Abuser can get away with defamation & abuse.

Husband abused me. Then continued to post separation by defaming me & taking away child. Supervisor violated my religious rights.

Financial hardship, emotional pain

He is protected. I cannot sue him for defamation. Family court will not clear my name. I cannot sue emergency... View More

James L. Arrasmith
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answered on Oct 23, 2024

I’m truly sorry you're facing these challenges. Reaching out to a local attorney who understands family and defamation law in California can provide guidance tailored to your situation.

Support organizations for domestic violence survivors can offer resources and assistance, helping...
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