Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Sexual Harassment for California on
Q: How to get help with harrassement/stalking by ex employee I reported for fraud. I am disabled + she was my IHSS worker

She was forging my name on her timesheet and doing the multiple other crimes a year later I get randomly beat up by a man at a bus stop I'm in a wheelchair got a broken bone in my hand had to have surgery and had it removed then she finds me on social media like offer up and let go and puts... View More

William John Light
William John Light
answered on Nov 14, 2018

It's very hard to decipher what is happening here, but it sounds like you have been the victim of a crime, such as identity theft. If that is accurate, contact the Placentia Police Dept., Miscellaneous Crimes Unit to report what has happened. (714) 993-8146. You may also want to consider a... View More

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on
Q: I filed DV tro including my son will that return him to me from his father when sheriff serve? Includes custody.

Married before his birth and the 1st dv was just on me, obtained a tro the 2nd one I didn't press charges the pd did and included an epo for me and my son (Modesto, CA)

Angelina Bradley
Angelina Bradley
answered on Oct 31, 2018

If your son is a protected party and the order includes that custody is with you, then you can use the order to contact law enforcement to help you retrieve your son once the order is served.

I'm sorry you're going through this. Good luck.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My partner and I are going through domestic issues and now it has come a scary point I need help

He is pressing charges just because he wants to get the kids from me

But he has put hands on me several times I'm afraid of him I don't know what to do

Dale S. Gribow
Dale S. Gribow
answered on Oct 30, 2018

you need a lawyer in your community who does family law.

have you ever reported him for the batteries?

1 Answer | Asked in Immigration Law and Domestic Violence for California on
Q: I am an ex-con with a crystal meth addiction but I was involved in a dv case with my spouse she is an illegal

here's the issue she's an immigrant and she's doing everything the judge asked us to do I'm currently self admitting myself into a drug program rehab to make a change in our situation she is an immigrant from El Salvador with the danger of possibly being deported in the domestic... View More

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
answered on Oct 30, 2018

Assuming you are a citizen, the short answer is yes, you can. Each case is different, so we recommend that you talk with an immigration attorney who can advise you based on the facts in your unique case.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can a protected party attend court proceedings where the restrained in-custody party will be present?

Protected family member wants to attend arraignment of restrained family member.

Dale S. Gribow
Dale S. Gribow
answered on Oct 29, 2018

I WOULD DISCUSS WITH THE DA.......BUT YOU SHOULD BE WELCOME

I ASSUME YOU WERE THE VICTIM?

1 Answer | Asked in Domestic Violence for California on
Q: Will he be charged with felony domestic violence?

My now ex-boyfriend jumped on me at bar. The witnesses that seen the altercation are mutual friends of ours and no one is wiling to testify against him because they are scared of him. I had to go to urgent care and then was sent by ambulance to the emergency room to get a CT scan. I suffered a big... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 25, 2018

NEED MORE INFO

PUSH POLICE AND DA TO PROSECUTE AND SUBPOENA THE WITS AND FORCE THEM TO TESTIFY

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Modifying a civil hearing (restraining order) ruling?

Yesterday I was the respondent in a civil domestic violence hearing in California. The judge issued me with a 2 year Restraining Order After Hearing (Order). The petitioner has a well-documented history of personality disorders and self-harm. Her father even admitted she required "professional... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 24, 2018

need more info

HIRE A LAWYER IF YOU DID NOT HAVE ONE AND TRY TO GET THE MATTER BACK ON CALENDAR AND MOVE FOR RECONSIDERATION.

GET A STATEMENT FROM THE WIT OR HAVE WIT COME TO COURT

2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Landlord - Tenant for California on
Q: Housemates that are confrontational and create a hostile environment cannot be stopped with laws to protect you from it

I pay my rent to live in a room with my 4year old son share a bathroom and kitchen with other people who have made it completely unbearable to cross their paths, and out of fear of being screamed at for reasons I cannot avoid so that my son doesnt have to see it happen again, I avoid even being... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 17, 2018

i am a criminal/accident lawyer and this is not my area of law.

you probably have to pose this quasi family law question to a lawyer that deals with these issues.

it sounds like a terrible situation..........you can't sit down and try to work this out?

View More Answers

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Q: What can i do when a housemate screams at me and cusses me out in front of my 4yr old son?

I rent a room in a 3bedroom shared house hold with 4other adults and another sm child, my landlord lives in the back house but has been of no help.

Dale S. Gribow
Dale S. Gribow
answered on Oct 17, 2018

if your answer is not to move then you have to work it out.

bringing police in will make things difficult from here on in.

I would try to talk to the party one on one in a calm manner and explain that if he has a problem with you in the future to just ask to talk and not scream in...
View More

View More Answers

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can the cops prosecute my husband for domestic violence even if I don’t want to prosecute?

About 3 days ago I reported my husband for domestic violence. He was drunk and pushed me against a wall, tried punching me but missed, he then slapped me and left me a small red mark on my face.The cops came and took a report, I answered all their questions and they took photos and said a detective... View More

Angelina Bradley
Angelina Bradley
answered on Oct 17, 2018

Yes. In the criminal case, the district attorney’s office can choose to prosecute with or without the cooperation of the victim.

As a victim, you do have several state constitutional rights as a victim, including the rights to be consulted and notified of proceedings in the case. If you...
View More

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: If I am representing myself and subject to a temporary restraining order that prohibits me from contacting other

party, is my sending notice of a court hearing a violation of the restraining order

Dale S. Gribow
Dale S. Gribow
answered on Oct 13, 2018

MORE INFO NEEDED BUT IT SHOULD BE OK

1 Answer | Asked in Domestic Violence for California on
Q: my Husband pointed a gun and cocked in my face. DA dropped all charges. I have extended restraining order twice. What

Will happen with the custody of our children at our next hearing. Our children were in the home when he pulled the gun on me. He berates me and verbally abuses me daily and uses our kids as a punishment if I talk back to him. He yells and calls me absolutely horrible things while holding our 23... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 12, 2018

A LAWYER WOULD HAVE TO SIT DOWN AND MEET WITH YOU TO GET ALL THE FACTS THAT YOUR CURRENT LAWYER PROBABLY HAS ALREADY....ASK YOUR LAWYER.

2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: I need to know my rights concerning my husband's belongings as he's currently in jail on DV with a restraining order.

His mother is harassing me through my mom demanding his belongings. I am refusing her presence at my home. She is insisting I put the things on the porch tonight. I'm refusing. I have every intention of getting that abusive soon to be ex husband of mine most of his belongings. When he's... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 9, 2018

more info needed.......

i would be reluctant to turn over your husband's belongings to anyone but him or someone hs instructs you to turn over to.

how would you know that is what your husband wanted.

is there a court order?

whenever you do turn over i would call...
View More

View More Answers

2 Answers | Asked in Libel & Slander, Personal Injury, Criminal Law and Domestic Violence for California on
Q: i moved inw my bf when my mom passed bc no where to go. hes now sabotaging car #3 no hard proof though

hes already been to jail for being abusive. i do have proof of him telling one person who slashed my tires he was glad she **cked up my car. he knows i have no help and no where else to go. he is insane and my only hope is my car to get away from here but hes ruinging it on purpose. i dont... View More

William John Light
William John Light
answered on Oct 6, 2018

https://www.thehotline.org/

https://www.womenshelters.org/cit/ca-upland

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Out of county warrant hold while in custody for new felony charges?

My friend is in riverside county facing new felony charges for domestic violence related offenses (first violent offenses) and although each charge has been given a bail amount, he is on a out of county warrant hold for violation of felony "violation of probation" that's been in... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 6, 2018

Need more info

He should have a public defender on Riv CO case and he should to address/coordinate thehold

1 Answer | Asked in Domestic Violence for California on
Q: I need to know what form I need to fill out to withdraw my request for a restraining order in Placer County.

I filed a request for a domestic violence restraining order at the courthouse in Placer County that a hearing has not been set for yet. I dont think the person who I have filed against has been served with it yet either. After the realization that I will have to collect all evidence and then attend... View More

Dale S. Gribow
Dale S. Gribow
answered on Oct 3, 2018

You need a lawyer in Placer CO... i’m In Palm Springs

I assume u contact your lawyer or DA if you didn’t have a lawyer

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can I change attorneys at trial readiness for felony in California?
Amber Hardy
Amber Hardy
answered on Oct 1, 2018

Yes, however depending how long the case has been going on the court may not allow the attorney time to get ready so you would need to talk to the potential new attorney to have them evaluate if they could get more time and if they could be prepared if the judge denied a continuance.

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for California on
Q: Can I appeal a restraining order against me.

I was given the evidence the day of my hearing and about 20 minutes before my hearing. Before the judge made her decision I asked for a continuous to get a lawyer to protect my rights and was denied.

Angelina Bradley
Angelina Bradley
answered on Oct 1, 2018

If it was a family law DVRO, then yes, you can. You’ll need to file a notice of appeal, request the transcript of the record, and file your brief. It won’t be easy or cheap. But you can reach out to attorneys like me who do this sort of work for a consult.

View More Answers

1 Answer | Asked in Domestic Violence for California on
Q: I have witnessed my roommate violate his restraining order in our residence. Am I liable if I do not report him?

He has been convicted numerous times for domestic violence with his ex wife, sister, and step dad. Convicted of violent assault on them over the past 12 years.

Donald Arthur Hilland
Donald Arthur Hilland
answered on Sep 28, 2018

No, you are not liable unless called as a witness and lie or if questioned by certain law enforcement agencies and lie, like the FBI. As along as you are not participating. Restraining orders generally say that the restrained person will not have anyone act on their behalf. So be certain... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: My ex boyfriend came at me with a knife I called the cops he was taken in for misdemeanor battery the DA dropped charges

They said all I can do is get a restraining order. Is there anything else I can do? He has a current restraining order from last girlfriend and two felonies that were not related to domestic abuse but still..

Dale S. Gribow
Dale S. Gribow
answered on Sep 26, 2018

more info needed.

I would contact a criminal lawyer in your community and get a restraining order.

write out a detailed summary of the facts so that when you talk to a lawyer s/he gets all the facts.

i would also alert the local police of your fear for your safety.

View More Answers

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.