Get free answers to your Domestic Violence legal questions from lawyers in your area.
He tried to kill her she called police has a report and its pending charges against him. They were in CA sharing custody and he filed a domestic abuse on her with no evidence just here say. Now he got restraining order and a court date in CA and came with a sheriff from TX and took the children... View More
answered on Jul 24, 2020
You need a family law attorney in California to handle this. I think Temecula is in San Diego County? Riverside? You need to take this to an attorney where the restraining order and court date are pending. The attorney will advise you the best way to proceed. Putting it on a public forum like... View More
i got a restraining order on my boyfriend but they cant find him how long is i good for before i have to refile? Is there a time limit after the judge signs it?
answered on Jul 23, 2020
THE TIME FOR PERSONAL SERVICE SHOULD BE FIVE DAYS BEFORE YOU HAVE TO GO TO COURT. IF THE PARTY IS NOT SERVED BECAUSE OF HIS AVOIDANCE OF SERVICE, THEN YOU HAVE TO ASK THE COURT FOR MORE TIME TO SERVE HIM. THE COURT MOST LIKELY WILL GIVE YOU ANOTHER CHANCE. BEST OF LUCK.
It's super unsafe for children I have proof it is supposed to help you but if I'm not excuse the term but Mexican then I am thrown to the side
answered on Jul 17, 2020
much more info needed.
obviously evidence needed is different for each case.
however. if there are no injuries/damages most lawyers would; probably only want the case on an hourly and not contingency
*Comments: *I have an issue i need help with ASAP.. Me and my husband got into it we were in oregon when this happened. He put hands on me because he didnt want me leaving to go to California with or without my 3 kids. He had me get in the car and he was driving wreckless and to prevent from... View More
answered on Jul 16, 2020
It sounds like you and your husband and children have lived in Oregon for over 6 months before you just recently moved to California. If that is correct, you need to ask this question again, but ask it as a divorce and child custody issue in Oregon. I am a California attorney. I cannot answer an... View More
I have a question about runway law and how the law treats minors who have ran away. What if they ran away because of abusive (or perceived abuse) and that's why they don't want to go home. What resources do they have in a situation like this
answered on Jul 16, 2020
Availability of resources for a minor who has run away is not really a legal question, but see below at the end of this response. In certain situations a minor can petition the court for what is called "emancipation" so he she can be free from parental control.
Here is a good... View More
My mother back in 2007 had an illegal surgery, illegal in the terms that in the paperwork it said that the doctor would do it, but instead a student did it, we fought it lost, and went bankrupt. She now lives with severe nerve damage to the point where she can't move or have anything touching... View More
answered on Jul 8, 2020
Not really clear what kind of fanacial help you want. You state the med mal took place 7 years ago, and you fought but lost, that is beyond the statute of limitations, unless extraordinary circumstances exist. Brother's promise to "help" is not enforceable as you describe it... View More
Hi,
I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... View More
answered on Jul 6, 2020
It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... View More
I’m moving in with a friend and her mom is on probation. Are there any possible repercussions that can happen for my friend or her mom? She’s on probation for a DUI. what i’m afraid is that my family will try to file a report against the family i’m moving in with. what can i do to prevent... View More
answered on Jul 6, 2020
more info needed.
however, you are an adult in the eyes of the law and can do what you want...as long as it is legal.
have you ever been convicted of anything illegal/violent?
for what is his mom on probation?
this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.
answered on Jul 1, 2020
The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... View More
The do not have mail coming here. I want to end my relationship with them. I have served them with a 30 day eviction notice.. The house hold is unhealthy for me and my child.
answered on Jun 25, 2020
The eviction process in California is administered by the Superior Court of the State of California. A landlord must begin the eviction process and California law requires all persons residing in the property be served with a notice of eviction. Terminating a month to month tenancy can be... View More
My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick... View More
answered on Jun 23, 2020
You can NOT pick her up IF the court order says you can't, but the problem is you don't know until you read it. So to read it, you need to see a copy. Ask your parents to send you an email with the order attached. Ask them for the name and phone of their lawyer and call the attorney... View More
And my family member is telling me that I do not have my gun rights because of a federal law about domestic violence I was never told anything from anybody that I talk to when I was told that everything was dismissed and thrown out I was never told that my rights were taken away and I'm just... View More
answered on Jun 21, 2020
more info needed.
the one who would have more info is your lawyer.
was as thrown out and not filed.
was it filed and a plea deal to dismiss?
was it thrown out after motions or trial?
i been homeless for 18 years now i feel like giving up my ex always win
answered on Jun 19, 2020
First you MUST get a copy of the court order for the divorce. It is called the "Judgment." You can get this in the records department of the courthouse where the divorce was granted. The cost is 50 cents per page. You can also get the records for free, but you first have to fill out... View More
I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom... View More
answered on Jun 18, 2020
What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has... View More
She got order a few months ago, I left. Then covid came. She got worried and let me stay with her and my son, today she got upset and threw me out. There has been no abuse and not sure if cops were called
answered on Jun 14, 2020
Get out right away. You could eventually end up in jail for violating the restraining order.
Question
I’m from Brasil, I got married at 18 from tourist visa and got citizenship, now at 25 I want to leave my husband and he threats
Hi, I got married very young when I was 18, I met someone online when I was 17 and he led me to come to USA and get married because we were in... View More
answered on Jun 13, 2020
Hi, your citizenship cannot be taken away for leaving an abusive situation. Do not be afraid to contact the police.
VAWA protects women who are abused (verbally, physically, emotionally, economically) by US citizen spouse. so even if you didn’t have papers, you can still leave and self... View More
I hired someone to serve her and we have a court date at the end of June in California. Does she have to show up physically to court or would she be able to call in?
answered on Jun 3, 2020
I BELIEVE SHE CAN CALL IN BUT SHE HAS TO CONTACT THE COURT'S CLERK TO MAKE ARRANGEMENTS.
answered on May 28, 2020
more info needed.
i am not a family lawyer and you should not be discussing sensitive info like this on an open forum.
i assume the court was concerned for the safety of the kids but I don't have the info.
you need to consult with a lawyer in your community to get... View More
I have a question there was an altercation between me and my dad gf, my dad was in between us, in the process she grab, My neck with both her hands, and in self defense I push her, my dad continue to hold her and fell down and broke her pinky finger, it’s been about two months, and she’s been... View More
answered on May 27, 2020
much more info needed.
you probably should not be discussing this on an open forum.
you need to make an appt with a lawyer if you can afford one.
in that regard, I would encourage you to write out a detailed summary of the facts so that the lawyer does not have to play... View More
kids from me, when in fact he has corprl punishment . Him and his family are trying to take my kids.
answered on May 20, 2020
a lot more info is needed.
The first thing you should do is make an appointment with a lawyer in your area who handles this area of law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.