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California Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Juvenile Law for California on
Q: What legal action can a 15 year old girl do with an ex boyfriend thats threatening her?

My friend says her ex boyfriend is stalking her and threatening to shoot her. I’m telling her to call the police but she doesn’t want to get her parents involved. Legally, what can she do?

Dale S. Gribow
Dale S. Gribow
answered on Sep 18, 2020

MORE INFO NEEDED.

IN MY OPINION, YOU WERE RIGHT.......CALL THE POLICE AND DISCUSS WITH FAMILY.

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My boyfriend is going through trail for corporal punishment against me the d.a picked up after i drop it. Should i go

What would that say to the judge if i went not for him so much as to know whats really going on because he is lying about the whole thing

Dale S. Gribow
Dale S. Gribow
answered on Sep 17, 2020

MUCH MUCH MUCH MORE INFO NEEDED.

I WOULD NOT DISCUSS ON AN OPEN FORUM LIKE THIS.

IF YOU ARE TALKING ABOUT DOMESTIC VIOLENCE, THEN THE DA WOULD BE PROTECTING YOUR RIGHT.

IF HOWEVER YOU DON'T WANT TO TESTIFY I SUGGEST YOU TALK TO A DEFENSE LAWYER FOR GUIDANCE. YOU...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Withdrawing my plea deal with the cruise waiver

I took a deal with the cruise waiver for felony child endangerment and I want to go back on my deal because the father and my child got his case dismissed and I feel like I am a battered woman he has been to prison for beating on me I have several videos and evidence of his abuse and I feel like... View More

John Karas
John Karas
answered on Sep 10, 2020

Talk with the attorney (perhaps a Public Defender) who represented you at the time you entered your plea to see if there are any circumstances under which you may qualify for your plea being withdrawn.

"Buyer's remorse" or believing your conviction was unfair due to the...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I need help getting a restraining order towards my kids father.

He falsely accused me of dv and for a restraining order to start papeework to take my kids. I have a police report with photos taken when he got arrested for corpal pushment

Dale S. Gribow
Dale S. Gribow
answered on Sep 8, 2020

more info needed.

i am not a family law attorney.

were you arrested for DV? if so you need to request a public defender if it is in criminal court.

i am assuming you can't afford a private lawyer and will have to contact legal aid or find a lawyer who will take it on pro bono

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for California on
Q: I need a renters rights attorney in placer co pro bono for daughter with BH problems

Her mother in law has locked her out of her home she is in the hospital

Dale S. Gribow
Dale S. Gribow
answered on Sep 3, 2020

I am a lawyer in the Palm Springs area and do not practice in that county...let alone that area of law.

there is no list I know of that lists pro bono lawyers.

I suggest you call the courthouse that the matter resides in, and ask the clerk about Legal Aid lawyers in that area....or...
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1 Answer | Asked in Domestic Violence for California on
Q: I got an apartment on my own because there was a restraint order on my husband which the judge put on and since took off

I didn't tell the apt manager he moved in so she asked me if he was living there I said yes asked if we can just add him to the lease she said he has to qualify or he can't live with me well because of his mistmeanor on domestic violence is the main reason he can't stay well I need... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 31, 2020

i handle DUI and PI cases primarily.

this is not so much a DV case but a landlord-tenant case too.

set up an appt for a lawyer in your area for a consult..........some will offer a free consult. In that regard, consider writing down all the facts in great detail so you won't...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: What is considered belongings, that I can take during a civil standby. There are criminal and civil prot. orders in pl.

The orders include no contact and stay away orders. I had judge reissue cpo to include for civil s.b. My wife wants me to come get my stuff, but theres more than i could possibly take in 15 min. She has filed a petition for divorce. All my tools are at the apt. I cant work without them. She has... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 31, 2020

You really need to hire a local Family Law attorney to assist you. You need to return to Court and get more Orders to clarify the existing orders, and to allow you to use the means of your livelihood during the proceeding

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Domestic Violence for California on
Q: Can you violate a restraining order before you're served?

I informed now ex's step mom of the granted restraining order. Within 10 minutes he called and left a voicemail essentially demanding I drop it. A few hours later, dearest step mommy sent another text trying to cover him by saying she'd let him know. Uh huh, sure. Anyway, he hadn't... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

The overall answer to your question is maybe. A person could commit an act that is a violation of a restraining order and independently chargeable as a crime (physical assault, harassment, trespass), so yes as to that. For your specific, no. If the restraining order has specific limitations on... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Should I keep trying to find a decent lawyer, or give up and represent myself?

I recently filed a restraining order against my now ex for domestic violence and our court date is coming quickly. I've been scouring for what feels like ages looking for representation and coming up short. I have footage from our security cameras of the recent abuse (cops took a clip of the... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 30, 2020

Try Riverside county too, there are a lot of good practitioners there. It is better if you have an attorney to speak for you, because you will be emotionally invested in the proceeding and may not make the best impression on the judge. The attorney will help you to organize the presentation so... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: If someone took your oxegen tanks that you need to breathe so that they can control a situation .is that a crime?
Maurice Mandel II
Maurice Mandel II
answered on Aug 29, 2020

Theft is the unlawful taking of the property of another with intent to deprive them of their property rights. Theft is a crime, and the police enforce the laws against theft. You should go to the police.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Hello I was granted a emergency leave the state custody order from California, I established residency for me and my 2

Kids this was happening during covid and I had advocates that was informing me they would step in due to a restraining order never did..I live in arizona and missed court dates I was not informed of now my ex who is a 15 year violent career criminal has 2 strikes and has 4 page felony rap sheet... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 26, 2020

MUCH MORE INFO NEEDED

YOU NEED TO CONSULT WITH A CRIMINAL LAWYER IN CALIF IF THAT IS WHERE THE CASE IS PENDING.

THERE WOULD BE A BENCH WARRANT OUT FOR YOUR ARREST IF YOU FAILED TO APPEAR.

DO NOT JUST SURRENDER YOURSELF WITHOUT USING A LAWYER.

BE CAREFUL DISCUSSING...
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1 Answer | Asked in Domestic Violence for California on
Q: I was wondering how much compensation can I receive from intermittent emotional and physical sibling abuse?

My sister has intermittent outburst frequently (almost 3 times a week) during 2009- 2014 but now almost once a month. When she has these outburst she would hit, kick or scratch me (not too much but she did make me faint once by hitting my head on the bathroom wall) while screaming at me and calling... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 25, 2020

MUCH MORE INFO NEEDED

HAVE YOU DISCUSSED THIS WITH YOUR PARENTS?

DID YOU SEEK MEDICAL TREATMENT FOR THESE INJURIES?

YOU NEED TO MAKE AN APPOINTMENT WITH A LOCAL LAWYER WITH YOUR PARENTS.

IN THAT REGARD I WOULD ENCOURAGE YOU TO WRITE OUT ALL THE FACTS.

2 Answers | Asked in Contracts and Domestic Violence for California on
Q: My Tennants are having a domestic issue-the lease isn’t up until December. They can’t live together - how do I deciDe

They are both women - the woman who is more responsible & pays rent left because she feels unsafe- she tried to get a restraining order but failed. Each of them tell me they want the apartment - only one can afford it ( they are also not speaking to each other) the one who can afford the rent... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 23, 2020

Tough situation, but you need to remember, that you are a LL and not a relationship counselor. Perhaps you need to evict both of them and if the reliable one wants to re-rent from you, she can do so on a new lease.

Justia disclaimers below, incorporated herein.

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1 Answer | Asked in Child Custody, Domestic Violence and Identity Theft for California on
Q: I found out my ex-husband is using his girlfriend to write letters in my name regarding our children.

My ex-husband is using his girlfriend to write letters in my name regarding our children. I have a protection order against my ex-husband. What can I do?

I only know because my ex-husband never logged out of my laptop and a notification came up from his email.

What do I do? I... View More

Dale S. Gribow
Dale S. Gribow
answered on Aug 19, 2020

MORE INFO NEEDED

IF YOU HAVE A LAWYER POST THIS TO HIM/HER.

MAYBE A RESTRAINING ORDER AGAINST HER?

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I filed restraining order against my husband in CA. Judge made rulings against me - move out order. Is is legal?

I filed restraining order against husband (married 15 years in CA). I had copy of sheriff's call logs , medical record about injury and witness of incident. Judge made rulings against me (petitioner)- move out court order from family residence. There are no cross complains of case filed... View More

Maurice Mandel II
Maurice Mandel II
answered on Aug 18, 2020

This sounds CRAZY, where is this happening, TX? Unfortunately, the way the Judicial system works, one judge will rarely overturn the ruling of another Judge at the same level, you have to file an Appeal of these orders. Contact a Family Law attorney right away to get them started on this case.... View More

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I filed restraining order against my husband in CA. Judge made rulings against me - move out order. Is is legal?

I filed restraining order against husband (married 15 years in CA). I had copy of sheriff's call logs , medical record about injury and witness of incident. Judge ignored all evidences and made rulings against me (petitioner)- move out court order from family residence. There are no cross... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Aug 17, 2020

If you are asking about a court case that is pending in California then you should re-post your question except change the location California even if you are currently in Plano, Texas.

The reason is that when the location is set to Texas, your question will most likely only be seen by...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I have a restraining order hearing here in Los Angeles for a former neighbor who is stalking me who cannot be located.

Other than personal service for a Los Angeles civil harassment restraining order hearing form CH-100, what other methods can I use to serve the stalker for the hearing like serve by publication, if the stalker cannot be located?

Maurice Mandel II
Maurice Mandel II
answered on Aug 12, 2020

If you are seeking the restraining order (vs the DA seeking it) this is a CIVIL matter. The methods of service of a summons are covered in the Cal. Code of Civil Procedure §§ 1010-1020. Suggest you look at the proof of service for a summons, it is a judicial council form and you can find it on... View More

2 Answers | Asked in Criminal Law, Sexual Harassment and Domestic Violence for California on
Q: Victim in sexual assault case, already filed police report & started investigation, should I get a lawyer?

Hello, I'm not sure if I need a lawyer. I'm the victim in a sexual assault case. I've already reported to the police & have a detective assigned to my case. I've also been connected to a victim advocate. I'm trying to make the most informed decisions possible regarding... View More

William John Light
William John Light
answered on Aug 8, 2020

If you aren't interested in pursuing a civil case, there is no need to consult with an attorney. You aren't a party to the criminal case. It is prosecuted on behalf of the State of California, not you.

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2 Answers | Asked in Estate Planning, Divorce and Domestic Violence for California on
Q: My husband has hidden our marital assets in a "place where you will never find them", a direct quote from him.

He has told me that I am having an affair, am planning to kill him and steal everything from him. I am innocent of these accusations. I need to leave him but cannot afford a lawyer. Our home is still in both our names. We have been married 20 years. What can I do? I am in California and am very... View More

Shawna Murray
Shawna Murray
answered on Aug 2, 2020

I am sorry you are going through this. It sounds like you are ready to file for divorce. Assuming this is the case after your divorce has been filed and is underway, you can begin the process of what is called Discovery. Through Discovery, each party has to disclose all of the information about all... View More

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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my daughter and I move to another state without letting my exhusband know?

Our divorce is finalized plus there is an active restraining order protecting me and my daughter from my exhusband. I was awarded sole physical and legal custody. He has not contacted or provided child support for over 2 years. Will other states honor this restraining order?

Shawna Murray
Shawna Murray
answered on Jul 31, 2020

Generally speaking, other states will honor the restraining order but each state varies on how to get the order registered in its system and so on. You should consult with an attorney in the state that you are considering relocating to, prior to leaving California.

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