Get free answers to your Domestic Violence legal questions from lawyers in your area.
My wife has a mental illness. She became aggravated and tried to kill my eldest child, an adult. I prevented the murder. She inadvertently hurt her minor child as well. Do I need to report the attempt?
answered on May 17, 2020
Y
My ex is in custody right now after being charged for an attempted murder and a violation of restraining order. I also reported him for domestic violence after being pushed by a detective.
Prelim is happening in July and I was just wondering if I would be in trouble if I talked to his ex... View More
answered on May 9, 2020
i would want more info before i answered that......
the fear is that the police/DA would think you are trying to tamper with a wit.
I’m in the middle of divorce due to domestic violence. Spouse has been served divorce papers & civil & criminal restraining orders. Last month, I filed my taxes as Head of Household & claimed my 4 kids. Also last month, he tried to steal my identity in order to attempt to reroute my... View More
answered on May 8, 2020
more info needed.
i am not sure what you think was improper.
if a lawyer does anything wrong, the Calif state bar oversees and you can contact them.
i suspect the PD is just trying to do what is in the best interest of his/her client, while still following the law.
He did it under the influence of alcohol we are currently separated because a protection slip.
answered on May 2, 2020
more info needed.
this is a question better asked of an immigration lawyer not a criminal lawyer.
i doubt if the California criminal court would deport but the facts would be controlling.
I filed for a restraining order to be dropped today. Two days ago the defendant was arrested for violating the order during a child exchange because the exchange took place out-of town and I invited him to have lunch with us in a secluded area (due to Covid) before he headed back home. His court... View More
answered on Apr 30, 2020
more info needed.
but, yes there is a chance with an experiences lawyer who could talk to DA or opposing counsel
My ex has 2 prior felonies and in march had been charged w domestic violence against me when i had to go to the ER he was never arrested because he didnt get caught (this was riverside county) then last week he got arrested for domestic violence and gun possesion ( san bernadino county) he is... View More
answered on Apr 29, 2020
more info needed.
i don't think it makes a difference what county, let alone what state.
My case has been on going since last year July 2019,I’ve done everything the court has asked for me and my children .Now because of the COVID 19 crises there pushing back my court date until February of next year 2021 .Are they allowed to do this .This has caused me to lose my job and them... View More
answered on Apr 18, 2020
more info needed.
i assume you have a private lawyer or court appointed. Ask that lawyer who has all the facts.
courts have authorized this exception to statute rules.
in Indio our courts reopen May 1........ask your lawyer to put the matter on calendar for may or June to address this.
My mom got her papers because he paid someone to marry her. And my dad has been abusing my mom for years and has been threatening us to get us deported because of how we got our papers. What will happen if my dad tell the police or the immigration how we got our papers? Can we still file a domestic... View More
answered on Apr 15, 2020
more info needed.
i do not practice in this arena, but as far as DV you should be able to complain.
as to the immigration issues I would want to talk to a specialist.........though one never know if/when ICE will get involved.
He had court on 3/27 Got sentenced to 180 days. They credited him 34 days for the week he was in there. Online it says a misdemeanor & released August 27th. Will he do the whole time or only half? Also if he is working in there is his days doubled? It’s been a total of 26 days he’s been in... View More
answered on Apr 14, 2020
more info needed
The authority for “half-time” credits lies in Penal Code section 4019. Under Penal Code section 4019, “It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent... View More
I live in California, in apartments owned by the Irvine company. I have a guest that had over stayed there welcome and refuses to leave my apartment when asked over and over to do so. This individual is not on the lease, no keys, and has never paid rent not even a penny. All transactions I have are... View More
answered on Apr 12, 2020
The first thing I would do is write down in a letter in detail the story behind how she ended up in your home, the steps you have taken to ask her to leave, her threatened allegations, and your desire to have her leave. Make a copy of the letter and both give it to her and send it to her by... View More
How if at all is housing, financial, and employment effected by a renewal? What are the requirements for succeeding in obtaining a renewal?
answered on Apr 9, 2020
potential inability to possess firearms, restricted freedom to go certain places, ease of being arrested on a simple referral to law enforcement, potential employment problems if required to access certain federal, state, county facilities. However, the requirement to obtain a renewal is minimal.... View More
No jail time served. Pleaded guilty, had a fine and short probation. All this was around 20 years ago.
answered on Mar 27, 2020
No. Federal ban is lifetime so it overrides California law.
More for alimony and child support. she makes a little bit more than I do and we split the kids her about 65% and me 35%. Married for 5 years but the DV case is my biggest worry. I make 16/hr she makes 17/hr we both work about the same amount of hours per week.
Thank you. Here is more... View More
answered on Mar 25, 2020
That depends on what case you are talking about. The battery will get you a 52 week batterer's treatment program and probation (plus other orders, such as a criminal protective order-be sure to request an exception for peaceful contact for exchange of children per a family court order)... View More
in Riverside county my boyfriend and i have a cpo he cant be around me and has to do classes for violation of cpo order what can i do to remove the ceo i didn't request it the court did. and remove his sentence of classes
answered on Mar 23, 2020
are you still with boyfriend?
living with him?
the person that knows the most about the sentence is the lawyer who represented you...ask him/her if the CPO can be removed/?
Is there any way I can get rights for her she need medical and dental care and insurance i cant do anything for this child
answered on Mar 22, 2020
You can file for guardianship of the child. You will have to convince the court that it is a detriment to the child to stay with the father. I am assuming you no longer live together.
answered on Mar 18, 2020
Sounds like that would be an excellent idea. There is too much at stake and if you can afford representation you should absolutely get it.
answered on Mar 17, 2020
more info needed.
though you MIGHT NOT need one it is advisable.
a lawyer would have to hear the facts.
if you can afford a legal consultation do so.......otherwise if picked up ask for a court appt'd public defender.
Restraining order towards me, too?
answered on Mar 17, 2020
They certainly are allowed to file it; doesn't necessarily mean they will be successful with it.
Its been 9 months since I have seen or heard from my children. Im complying with the court order but father states different stories each time visits are missed. I have monitored visits as my ex husband uses my past criminal history and past DV when I report the concerns of him hurting our... View More
answered on Mar 11, 2020
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