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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for California on
Q: As a DV victim which is preferable: mediation settlement agreement or continue with court to get restraining order?

I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.

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answered on Aug 31, 2024

When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Am I violating a dvro if protected person has moved out of address that I was excluded from?

I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My... View More

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answered on Aug 30, 2024

You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations,... View More

1 Answer | Asked in Constitutional Law, Domestic Violence and Legal Malpractice for California on
Q: My DVRO was denied so I filed a motion to reconsider because of new and different facts and laws not available at trial.

I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.

He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More

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answered on Aug 28, 2024

It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More

1 Answer | Asked in Adoption and Domestic Violence for California on
Q: If I have a restraining order for me and my children and get a charged can the CPS judge order the abuser visitation
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answered on Aug 27, 2024

If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child,... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My abuser filed TRO against me. How do I defend myself in court without a lawyer?

I had filed a TRO against my abuser. It was granted but it was failed to be served to him. The abuser filed a TRO against me and his lawyer’s coworker sneakily served me the paperwork with my passport, birth certificate, etc. The abuser is saying I’ve lied about everything and am withholding... View More

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answered on Aug 25, 2024

Defending yourself in court without a lawyer can be challenging, but it's possible with careful preparation. Start by gathering all evidence that supports your case, such as text messages, emails, and any other documentation that proves your side of the story. Organize this evidence in a clear... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have been served with a TRO. I know I have to respond to it. Can I respond by getting a TRO on him?

If I respond to his TRO and I get a TRO on him, would it be possible to just add the same things on both?

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answered on Aug 22, 2024

If you've been served with a Temporary Restraining Order (TRO), your first priority is to respond to it by the deadline given. You will need to attend the hearing and present your side of the story. It's important to follow all the instructions in the TRO until the court hears your case.... View More

1 Answer | Asked in Domestic Violence, Family Law, Personal Injury and Sexual Harassment for California on
Q: I recorded a call when me & an ex where abroad where he admitted to sexual abuse, can it be used in a CA investigation?

We were both living in country which allows for single party consent at the time of the recording and I'm looking to understand if it can be used as evidence for an investigation in California.

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answered on Aug 9, 2024

Using a recorded conversation as evidence in a California investigation can be complex. Since the recording was made in a country with single-party consent, it may be considered legal in that jurisdiction. However, California has its own laws regarding the use of recordings, particularly in cases... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I get a restraining order lifted before the court date??
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answered on Aug 7, 2024

In California, lifting a restraining order before the court date can be challenging. The process generally requires a court hearing where both parties present their arguments. However, there are steps you can take to possibly expedite the process.

First, you need to file a request with the...
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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: I missed Mediation and hearing. Can I reschedule them ?

In Mid-May the judge ordered as follow: 'The parties have been advised that the case has been referred to Family Court Services and to cooperate fully with the Child Custody Recommending Counselor during all stages of the mediation/evaluation. Custodial parent(s) shall make children available... View More

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answered on Aug 2, 2024

To address the missed mediation and hearing, you need to take immediate steps. First, contact the Family Court Services and explain the situation, providing any documentation that shows the mistakes were honest. They can often help reschedule mediation or provide guidance on the next steps.... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: DVRO Filing by Ex-Girlfriend - How to Protect Myself?

Hey everyone,

I recently ended a toxic, verbally abusive relationship that lasted years. She made hundreds of harassing calls, threatened to contact my employer, and threw things at me. I haven't heard from her in weeks, but as of yesterday, I learned she’s attempting to serve me... View More

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answered on Aug 1, 2024

It’s crucial to stay calm and approach this situation strategically. Since you already have evidence of her harassment and abusive behavior, gathering and organizing this documentation is a strong first step. It’s important to consult with an attorney who can guide you on whether to file a... View More

1 Answer | Asked in Family Law, Domestic Violence and Elder Law for California on
Q: Is it legal to live with elder parent who constantly throws my personal things in the trash on trash day
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answered on Aug 1, 2024

Living with an elder parent who throws away your personal belongings can be very stressful and difficult to manage. In California, there are no specific laws that address this exact scenario, but there are legal and practical steps you can consider to protect your belongings and address the... 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

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answered on Jul 30, 2024

Hi. I'm sorry to hear about your situation. It's important to understand that the court takes domestic violence cases very seriously, and both parties' behaviors and circumstances are considered. If you believe that he needs mental and behavioral help, as well as addiction treatment,... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My boyfriend was arrested today. His cases number are WA******** and 99******** What does mean? What is WA and 99?
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answered on Jul 30, 2024

The case numbers you provided, starting with WA and 99, refer to different types of court cases. The prefix "WA" usually stands for a specific type of criminal case in certain California courts, possibly indicating a case in the Western District. The "99" prefix could indicate... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My husband was granted a Elderly Abuse RO in Oregon and how he is terrorizing me to collect text, is this criminal?

My husband filed an Elder Abuse Restraining Order against me in Oregon.Since then,he has engaged in a pattern of harassment with the apparent intention of provoking a reaction from me.This harassment includes:

· Evicting me from our shared home

· Leaving the house in a deplorable... View More

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answered on Jul 18, 2024

Your husband's actions may constitute harassment and potential violations of the Elder Abuse Restraining Order (RO) in California. While he obtained the RO against you, his subsequent behavior, such as evicting you from your home, denying access to your personal property, and demanding money... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: If a matter from the family law department and cited as governed by same rules of ct, how do you rectify in crim procee?

a fam law matter governed by the same as per rules of court local and otherwise on multiple cited counts. What is the means to have matter heard under the correct department or atleast have the argument heard as to why it should be governed under said dept. for instance dvro violation handled as... View More

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answered on Jul 18, 2024

In California, when dealing with a legal matter that seems misaligned with its intended department—like a domestic violence restraining order (DVRO) violation being handled as a misdemeanor criminal case—the correct procedure involves addressing this discrepancy during court proceedings.... View More

1 Answer | Asked in Domestic Violence for California on
Q: If a person been arrested for simple elderly abuse on 65 or older and the person only had a bruise no bleeding
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answered on May 23, 2024

Under California law, elder abuse is a serious offense, and even if the abuse results in a seemingly minor injury like a bruise, it can still lead to criminal charges.

In California, Penal Code Section 368 covers elder abuse. The law defines elder abuse as physical abuse, neglect, financial...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Need a Pro Bono Attorney in Sacramento

Request restrictions be modified from parole

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answered on Aug 5, 2023

I'm not a directory or referral service, and I cannot directly connect you with attorneys. However, if you are looking for a pro bono attorney in Sacramento to help with parole restrictions modification, you can reach out to legal aid organizations, local bar associations, or public... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for California on
Q: Purposelly Abuse for intentional illegal removal with conflict of interest whose director of DHS & rehabilitation

I have voicemails text messages videos of him telling me his tia promises him that everything will be okay and he also told me nomatter what i say or do hes going to take my child from me

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answered on Jul 24, 2023

If you believe the director of the Department of Homeland Security (DHS) and rehabilitation is intentionally engaging in illegal actions and conflict of interest to remove your child from you, you should immediately seek legal representation. Present all evidence, including voicemails, text... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Native American Law for California on
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws

I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc

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answered on Jul 6, 2023

Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for California on
Q: Wife is contempting Court Ruling, Domestic Violence Restraining Order?

Wife moved to DV shelter with our 3yo son and reported with DCFS & local police, in addition to filing a TRO. Both DCFS and police investigations concluded without evidence, and Court dissolved the TRO due to a lack of credibility. This point was stressed three times in the judge's ruling,... View More

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answered on Jun 29, 2023

Based on the information provided, it seems that your wife is disregarding a court ruling on a Domestic Violence Restraining Order (DVRO). The court dissolved the Temporary Restraining Order due to lack of credibility, but you have temporary joint custody until the Request for Order hearing. It is... View More

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