Get free answers to your Domestic Violence legal questions from lawyers in your area.
Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?
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answered on Jun 10, 2024
Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:
1. Federal law (the Lautenberg Amendment) prohibits... View More 
Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I... View More
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answered on Jun 10, 2024
I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:
1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates.... View More
You
I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing... View More
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answered on Jun 9, 2024
I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious... View More
Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.
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answered on Jun 8, 2024
I understand this is a difficult and frustrating situation. A few key points based on California law:
Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate... View More
She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.
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answered on Jun 8, 2024
I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:
Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,... View More
Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More
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answered on Jun 1, 2024
It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More
My ex only made the charges because I cheated and she new about the first charge so therefore she made it all up to get me in trouble. Can I fight this case
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answered on May 30, 2024
If you believe the accusations against you are false, you should consult with a qualified criminal defense attorney who has experience handling domestic violence cases in California. They can review the specific details of your case, advise you of your rights and options, and determine the best... View More
I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and... View More
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answered on May 15, 2024
I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders.
In general, family... View More
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More
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answered on May 4, 2024
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal... View More
My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More
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answered on Apr 29, 2024
It sounds like you're in a very difficult situation, and it's important to address your concerns about access to your property in Oregon. Under California law, if the Oregon property is jointly owned by you and your husband, he generally does not have the right to exclude you from the... View More
My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More
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answered on Apr 29, 2024
I'm so sorry to hear about the difficult situation you're in with your husband. It sounds very stressful and upsetting, especially being blocked from accessing your own home and property in Oregon.
To answer your main question - in most cases, if the house in Oregon is marital... View More
my ex husband has been tracking everything i am doing on my phone and laptop. I opened a google voice acct walked away 2days later he had called it. He has deleted emails and activity history. I sure hope I am not crazy the service has my laptop now. He has submitted screen shots and defended... View More
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answered on Apr 25, 2024
Your ex-husband's alleged use of spyware to monitor your electronic devices and edit your data would likely be considered illegal and inadmissible in court. Here are a few relevant points:
1. California Penal Code Section 502 prohibits unauthorized access to computer systems, data, and... View More
I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.
The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.
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answered on Apr 25, 2024
I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.
First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was... View More
I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.
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answered on Apr 24, 2024
In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More
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answered on Apr 23, 2024
In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.
Holding someone against... View More
Hi! I filed a response to a request to renew a restraining order and had service by mail performed this week. Server already filled out and I filed the proof of service document, however it looks like the actual envelope itself was returned to sender/the server due to an address issue. Correct... View More
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answered on Apr 19, 2024
Under California law, when a restraining order response is served by mail and the mail is returned as undeliverable, you should take the following steps:
1. Check the address: Double-check that the correct address was used for the other party. If there was an error, correct it and attempt... View More
I have a recording of my husband talking about my dead parents. I sent him a text that talks about his dead wife. Now in the DVRO rewsponse he is complaining about it? How would you present that?
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answered on Apr 19, 2024
I understand this is a sensitive and emotionally charged situation. In a legal context like a Domestic Violence Restraining Order (DVRO) case, it's important to focus on presenting factual evidence that is directly relevant to demonstrating abuse or threats of violence.
Bringing up... View More
I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.
Can he just make that up?
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answered on Apr 19, 2024
In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.
If your husband is... View More
I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More
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answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More
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answered on Apr 18, 2024
I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.
It sounds like you need to get in touch... View More
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