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California Domestic Violence Questions & Answers
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 …...
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2 Answers | Asked in Civil Rights and Domestic Violence for California on
Q: What can happen to someone for spitting at someone else? Police didnt do anything but recommend a restraining order

My boyfriend and his dad were playing catch in the backyard when the ball hit a rear neighbors fence a few times. The Neighbor and his father became belligerent and started cursing over the fence, threatening to come over and break things. Rewind almost 3 years ago, a golf ball entered his yard,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 14, 2022

more info is needed.

however, spitting is an assault and battery.

i had a call 2 weeks ago from a lady that went into the hardware store and refused to put her mask on and BLEW in the face of owner who was assisting she wear one, and she was arrested for Battery.

it is up to...
Read more »

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1 Answer | Asked in Civil Rights, Domestic Violence and Landlord - Tenant for California on
Q: My housemates are hostile and are demanding that I move out ASAP due to spreading Covid to them. What can I do ?

I thought I was in the clear after a week of no symptoms while away on vacation. When I returned home I did not mention I had been sick 10 days before. all 3 housemates tested + in a few days. Also, they refuse to pay shared bills (pge/water) which I have already paid in full. They claim it is... Read more »

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

more info is needed.

is there a written contract among all of you spelling out terms? that will go a long way in answering your question.

how long have you all been together? was there an agreement on how long you would be together?......month to month or 1 year?

most people...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: What does this mean? the case Has Been Reviewed But Not Issued, . . . charges could be filed later. Is it dismissed?

I was arrested in San Diego for misdemeanor domestic assault last month. I showed up for court and they said No Records Were Found. I went up to the DA office and they gave me a paper that said The case Has Been Reviewed But Not Issued, If additional information is received, charges could be filed... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Feb 2, 2022

more info is needed.

however, sounds like police presented the case to the DA and the DA has decided not to file it yet...unless further info comes in.

a case can only be dismissed if it is filed and then dismissed.........that is not your case.

1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley
answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Domestic Violence for California on
Q: If i filed a domestic violence report against my boyfriend & its at the DAs office, can I still have it dropped?
Dan Moseley
Dan Moseley
answered on Jan 11, 2022

It is possible, but unlikely, as once DV reports are taken by police and filed with the DA's office, prosecutions go forward even without the cooperation of the complaining party. Because a decision to prosecute depends of the facts of the case, you may want to discuss the matter in detail... Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: Domestic violence. Am i required to report it if i know about it? Can i be sued if i don't?

My brother is in a violent relationship. He hits and threatens women. The battered women complain to me. Am i legally responsible to report it to the police. I own a business. Can i be sued if i don't report?

Dale S. Gribow
Dale S. Gribow
answered on Dec 31, 2021

MORE INFO IS NEEDED.

THE VICTIMS ARE USUALLY THE ONES THAT REPORT IT. HAVE THEY DONE SO?

HAVE YOU TALKED TO THEM ABOUT WHY NOT?

ANYONE CAN SUE ANYONE AT ANY TIME FOR ANY REASON. THAT DOESN'T MEAN THEY WILL WIN.

JUST KNOWING ABOUT IT AS A THIRD PARTY DOESN'T...
Read more »

2 Answers | Asked in Domestic Violence for California on
Q: Domestic violence. My brother hits his live-in girlfriend. Can I be sued if she is killed because i didn't report?

If the victim is badly hurt or killed and a lawsuit pursues, can i be sued because I knew about the incidents and didn't report them? Does this make me 'complicit'? I own a business. My brother has no money. Can the victim go after my money?

John Karas
John Karas
answered on Dec 30, 2021

Unlikely that you could be successfully sued if you didn't report the prior incidents of DV (Domestic Violence) committed by your brother.

However, if she suffers GBI (Great Bodily Injury) or dies as a result of what your brother does to her after the prior DV incidents, a clever...
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Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How to get domestic/civil restraining order dropped by two mandated reporters waited months to report the alleged abuse

Oct 15 2021 my sister and mother were in a physical confrontation where my mom suffered injury. This has occurred before(have pics) sister had none. She was asked to leave so they could calm down..instead she moved in next door with a neighbor/friend of 20 years.she had not been allowed to see... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 10, 2021

More info needed.

I suggest you type up a complete summary and consult with a local lawyer. This question deserves more attention than a quick answer.

You should have a lawyer put the matter on calendar if he thinks the facts warrant it.

1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Are probationary orders only enforceable if the defendant is on probation?

"Orders under Penal Code section 1203.097(a)(2) are probationary orders, and the court has jurisdiction as long as the defendant is on probation". Otherwise the court does not have jurisdiction? therefore the order is only enforceable whilst the defendant is on probation? I'm not the... Read more »

Dan Moseley
Dan Moseley
answered on Nov 6, 2021

That's correct. However, some orders, such as Criminal Protective Restraining Orders can be independent of probation. They have a life, that is, a period of duration entirely their own as set by the court. Violating a CPRO is a separate offense, whether one is on probation or not.

2 Answers | Asked in Criminal Law, Constitutional Law and Domestic Violence for California on
Q: Definition of an unlawful arrest.

Search of the vehicle resulted in Several felonies.

Dan Moseley
Dan Moseley
answered on Nov 5, 2021

An arrest can be unlawful for many reasons. Everything depends on the facts and circumstances of each particular arrest. In the law, black and white answers are rare.

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1 Answer | Asked in Domestic Violence for California on
Q: boyfriend arrested after a fight we had court issued restraining order recently he went to jail for violation of dvco

I love him and I think it's crucial to have my support I want the best for this man the fight started over money which I found days later in my car he is not a threat and is there anything I can do to be able to get charges dropped please help

Dale S. Gribow
Dale S. Gribow
answered on Nov 3, 2021

much more info is needed.

this question should be presented to his lawyer who will have all the facts.

what you are asking is akin to asking a doctor if there is any way for your boyfriend with a medical condition to survive.............just because you have a doctor, doesn't...
Read more »

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Do I need an attorney? I'm currently abused, assaulted by a person who has served prison Time for assaulting me

Im homeless. In 2018 I was assaulted by a man inside my tent and the police just happened to be outside my tent whilst I was inside being strangulated and punched in my face. The person who assaulted me was arrested literally seconds after he attacked me. He had been assaulting me on a regular... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 29, 2021

SINCE YOU ARE HOMELESS, I AM ASSUMING YOU CAN'T AFFORD A PRIVATE LAWYER. IF YOU WERE THE DEFENDANT, THE COURT WOULD APPOINT ONE FOR YOU.

MAYBE YOU CAN GO TO LEGAL AID AND REQUEST ASSISTANCE.

YOU CAN ALSO CONTACT THE DA'S OFFICE FOR ASSISTANCE (FOR VICTIMS OF DV)....
Read more »

1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: It can get removed from prison records?

I have some cases from the courts and etc. because I really need help. and I need a deaf lawyer.

Dale S. Gribow
Dale S. Gribow
answered on Oct 29, 2021

IF YOU CAN'T AFFORD A LAWYER, REQUEST ONE AT THE ARRAIGNMENT......AND ASK THE JUDGE FOR ONE WHO SIGNS??? OR AN ASSISTANT WHO DOES SO.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... Read more »

Joseph Abrams
PREMIUM
Joseph Abrams
answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: I was assaulted by my significant other in my hotel room. I called 911& escaped.He lied. I was arrested for DV. Help?

My boyfriend was abusive & wouldn't leave my hotel room. I called 911 and ran to lock myself on the car. When he had spun & thrown me, he caught my broken tooth on his arm so it was bleeding. When police arrived at the room he lied. They came to the car and told me to get out... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 15, 2021

much more info is needed.

the police don't normally have 3 officers to take you down and normally do not shoot you up.

there is obviously much more to learn.

if you are being prosecuted, the court will appoint a public defender to represent you.

that person will...
Read more »

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