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California Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I'm in California. Detectives arrested my boyfriend for questioning and are calling to follow up with me about hit/run

It was an accident and I'm not pressing charges but neighbors witnessed him hitting me with a car and I was taken to ER for fractured leg. Should I say it was an accident/he was unaware or that he needed to hit me to stop me from attacking him with metal bar? I don't want him going to... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 24, 2022

You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: In a DV case do you have to serve the other party every time you collect new evidence?

I got a restraining order and had my first court date which they extended for a new date. I have accumulated more evidence for my case, do I need to serve the other party or submit it to the clerks office or can I just bring it to court with me

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on May 21, 2022

It depends on what the new evidence is. As a general rule, you should include include all of your evidence, attachments, text messages etc. in your original moving papers. If there is now a new date, and depending on how far away the new date is, you could file an amended declaration with the new... Read more »

2 Answers | Asked in Domestic Violence, Federal Crimes and Internet Law for California on
Q: I am being cyber harassed and stalked by an ex boyfriend since April 22, 2022, and he refuses to leave me alone. Help?

I was with said person for approx 2 months. He admitted to having mental issues at the end of our relationship. Once I broke up with him, he began harassing and stalking me, and he refuses to stop as he stated to one of my friends he also harassed on social media. He continues to make multiple fake... Read more »

John Karas
John Karas
answered on May 11, 2022

You can file a Civil Harassment Restraining Order (CHRO) pursuant to Code of Civil Procedure 527.6 against your ex-BF. You can DIY, hire an attorney or paralegal to do so on your behalf. If your papers are prepared properly with evidence in support attached (and it sounds like you have plenty), 9... Read more »

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 9, 2022

more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

Q: Can a parent of an under 18 film and broadcast for research or public unknowingly to that child or person legally

I feel that I've been on camera for most of my life I'm 44 years old and it seems everyone I know and don't know knows my every move everywhere and believe I may have started with my parents

Neil Pedersen
Neil Pedersen
answered on May 1, 2022

Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy.... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: DV case victim being used during time of case. is it illegal to trick victim to get them to say how you can help in case

Can they use that text when being lied to in court also use unnecessary pictures to show victim not okay when thats a lie? Victim never was asked to defend herself. Victim continued being trick and used being abused for months and due to threats, she knew not to ever report. she wants to report... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 28, 2022

not sure i understand it all.

more info is needed.

who lied to you?

police are allowed to lie.

did she have legal advice?

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: NEED Help Please DV case Ex made me pay for it through more DV

my ex new girlfriend post on social media with picture of me that say if she was this ugly shed be mad too. with im so ugly song attached. shes also told me that the money i get used for goes to her. Shes said that what ever i do to look cute will never work im still ugly fix you face get them... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 26, 2022

"DV case" - does this mean you have an existing case? Or you want to file for a DV restraining order? If you are seeking the assistance of an attorney and want to retain an attorney to handle this for you, use the "Find a Lawyer' link at the top of this page.

1 Answer | Asked in Domestic Violence for California on
Q: Someone has a temporary restraining order on me but has contacted me first through text messages will i be in the wrong?
Dale S. Gribow
Dale S. Gribow
answered on Apr 25, 2022

I WOULD AVOID RESPONDING.....

DO YOU HAVE A LAWYER TO RUN THIS BY?

DOESN'T SOUND LIKE YOU DID ANYTHING WRONG ACCORDING TO THIS.

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I charged my partner with domestic violence but it was a first time offense where authorities were called.

I want the charges dropped but unfortunately DCFS is now involved because children were in the home. Would dropping charges make a negative impact on my DCFS case?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 21, 2022

First of all, you haven't charged your partner with anything; the District Attorney has filed charges and you are now just a witness. If you truly want to help your partner, talk to their lawyer as to how to best accomplish that. The nightmare known as DCFS gets involved if the children were... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for California on
Q: Looking for low income or probono legal aid, for someone with mental disabilities who has been repeatedly abused

I am looking for help in filing charges against a psych nurse who has repeatedly encouraged me to self harm over the last 4 years and has on multiple occasions violated my hippa, She has knowingly and willingly encouraged self harm and told me several times to commit suicide. I have attempted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 21, 2022

Change nurses asap???

2 Answers | Asked in Domestic Violence for California on
Q: Is it illegal to have a hearing for a restraining order without ever giving notice of .court or copy of petetion to resp

I was never notified of a hearing or served with any kind of temporary papers or request for a petition.

I was served notice after the hearing

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2022

Without reviewing the paperwork one cannot say for certain especially since the use of terms is important here. In many instances and under the right circumstances a temporary restraining order (TRO) can be issued without notice, however this is temporary until a hearing can be held (hence... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I accsisdently called 911 while my girlfriend and I were arguing they herd everything I’m charged with D V robbery

Possession of ammunition possession of meth resisting arrest and I called them on accsident I didn’t know iPhones call 911when u hold buttons down I need defence help

John Karas
John Karas
answered on Apr 7, 2022

You are facing significant jail time. Either hire a really good criminal defense attorney in your area or be content with a Public Defender being appointed (assuming you are income eligible) on your behalf.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I need to clear up a bench Warrent in south lake tahoe but I live in vegas

I have no public defender or attorney idk what to do

Dan Moseley
Dan Moseley
answered on Apr 6, 2022

Contact the court clerk to ask that your case be put on the court's calendar at the next available date. Unless you hire a private attorney, you will have to appear in court at that time, unless the court allows video appearances. Ask the clerk. With an active bench warrant, you are subject... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: Is it illegal to possess Meth without a prescription to use and sell?

Is it also illegal to threaten bodily harm to family? This user has been a methhead for decades including while they were in prison for a violent offense. They are discreet and meth leaves the body relatively quickly, how do you prove threats and use/intent to sell to a probationary officer?... Read more »

John Karas
John Karas
answered on Mar 24, 2022

Your question appears in the California section of Criminal Law and you should post again in the proper forum.

First, Meth is not a prescription medication. It's illegal to be in possession, under the influence, buy, sell or manufacture Meth in all 50 states. Selling and...
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1 Answer | Asked in Domestic Violence for California on
Q: How can i get a misdemeanor battery, domestic violence charge expunged?

I have recently been arrested for these charges but i have no criminal record, my wife did not want to press charges, I never hit her and I can't bear the thought of having these charges on my record.

Dale S. Gribow
Dale S. Gribow
answered on Mar 21, 2022

if you are saying you were arrested/cited but no filing, then there is no case to expunge.

you probably have to contact a criminal lawyer to add to the calendar a motion to have the judge rule to seal???...

it is probably an uphill battle that will not be cheap.

1 Answer | Asked in Domestic Violence for California on
Q: What statistical disposition mean in a restraining order hearing
Dale S. Gribow
Dale S. Gribow
answered on Mar 20, 2022

it could mean the case has been decided.

you can call the business office of family court and and ask for updates

1 Answer | Asked in Domestic Violence for California on
Q: I was in a heated argument with my ex boyfriend someone called the police and he was arrested for 273.5(A) PC

He did not put hands on me I told the police I was in the car on the opposite side where he was outside and he threw a can at window and broke the window which I got a bump on head from it but nothing bad and he didn’t mean to hurt me he was trying to get his belongings cause I locked the car on... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 24, 2022

YES

He has $50,000 bail and both of you can explain all this to his Public defender or private atty… this will be an expensive lesson

1 Answer | Asked in Domestic Violence for California on
Q: If the person that has a restraining order against you passes away, does it become null?

I have been taking care of my mother for 10 years. She has been living with me the entire time and for the last few months she's been declining. I was yelling in my bedroom and I broke my TV, my neighbor called the police and they issued me a stay away order for 7 days. I told them she cannot... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 23, 2022

it sounds like you entered a plea? you must have had a public defender appointed to guide you...right? and you must have advised him/her of this situation? what did they say?

if your mom has passed and the order is to stay away from her, then there is no one you have to stay away from that...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: It says in my case doj disposition of arrest. What’s the meaning?

Can they do court date and warrant of arrest together? I had a felony case (assault) and now they gave me news about having a court date and warrant of arrest. The arraignment hadn’t happen yet. What’s the meaning of them doing court date and warrant of arrest?

Dale S. Gribow
Dale S. Gribow
answered on Feb 16, 2022

Normally when you are arrested/cited, you are given a court date.

Sometimes the DA takes awhile to file and it is filed as a Bench warrant AND you don’t receive notice…. Months or years later when you are stopped for speeding they run your record and put you in custody …...
Read more »

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