Lawyers, Answer Questions  & Get Points Log In
California Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was detained but not arrested and no charges were filed. But I called the bail bonds to bailout but I got a detention

But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

In California, if you were detained but not arrested, and no charges were filed against you, it's uncommon to post bail since bail is typically associated with formal charges. If you contacted a bail bondsman and paid for a bail bond despite not being formally arrested or charged, you may have... View More

View More Answers

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was detained but not arrested and no charges were filed. But I called the bail bonds to bailout but I got a detention

But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

In California, if you were detained but not formally arrested and no charges were filed against you, and you contacted a bail bond company for assistance, the situation regarding a refund depends on the terms and conditions of the bail bond service. Typically, bail bond companies charge a... View More

View More Answers

Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

View More Answers

Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

Under California law, employers have a duty to provide a safe working environment, which includes taking reasonable steps to prevent and address domestic violence and sexual harassment in the workplace. If an employer fails to fulfill this duty, they may be liable for any harm that results.... View More

View More Answers

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for California on
Q: I own a property 50/50 We already signed docs for the sale of the property but domestic violence was involved Jan 14

I don’t want to sell as I do not have a place to move to - escrow was opened yesterday. I own the house 50/50 with who back then was my finance and now my husband

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

Under California law, if you have already signed documents agreeing to the sale of the property, this generally indicates a binding contract. However, since you own the property 50/50 with your husband, both parties typically need to agree to proceed with the sale. If circumstances have changed,... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: Will I be in trouble for withholding my son from visitation with his father after learning of abuse and filing w/ CPS?

My six-year-old son told me this week that his father had pulled him down from his top bunkbed and he fell on head/back on hard floor, then father punched him in chest and slapped him while using profanity toward him. I filed with CPS. His father has an extensive DV background with me, and one... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

Under California law, the safety and well-being of your child is of utmost importance. If you have genuine concerns about your child's safety due to alleged abuse, you have the right to take steps to protect them. However, withholding visitation can be legally complex, especially if there is a... View More

3 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
Martha Bronson
Martha Bronson
answered on Jan 16, 2024

Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long... View More

View More Answers

3 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
Tobie B. Waxman
Tobie B. Waxman
answered on Jan 16, 2024

Domestic violence comes in all shapes and sizes. Persistent harassing phone calls, text message and emails can form the basis for a request for a restraining order - depending on the circumstances unique to your case. His failure to help out financially however, is not something you can... View More

View More Answers

3 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024

Under California law, obtaining a restraining order due to verbal harassment and issues related to financial support can be complex. It's important to understand that restraining orders are primarily designed to protect individuals from physical harm or credible threats of violence.... View More

View More Answers

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for California on
Q: What can a person do if government takes there CHild under suspicious circumstances?

6 months and no Discovery

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Coercion violated parental rights with no right knowingly, maliciously took a child under abuse of power

Sept19,2020 real date of accidental fall,filth district stated March 18,2021 Changed date of there made up incident to forced me to do a 300 b and terminated my parental rights sue to appointed council waiving them without me there he violated my family rights

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

In California, if a parent believes their rights have been wrongly terminated, they can appeal the decision. This process involves challenging the original ruling in a higher court. It's crucial to act swiftly, as there are strict time limits for filing an appeal.

During the appeal,...
View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Coercion violated parental rights with no right knowingly, maliciously took a child under abuse of power

Sept19,2020 real date of accidental fall,filth district stated March 18,2021 Changed date of there made up incident to forced me to do a 300 b and terminated my parental rights sue to appointed council waiving them without me there he violated my family rights

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

In California, if a parent believes their rights have been wrongly terminated, they can appeal the decision. This process involves challenging the original ruling in a higher court. It's crucial to act swiftly, as there are strict time limits for filing an appeal.

During the appeal,...
View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Los Angeles CA. Is it mandatory to respond in writing to a domestic violence restraining order?

Was served a few weeks ago hearing is at the end of the month. We are in mediation settling afraid my written response might anger, as he's very abusive. Also the restraining order I was served says Denied on it. Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

In California, if you have been served with a domestic violence restraining order, it is generally recommended to respond in writing, especially if you wish to contest the order. This response is your opportunity to present your side of the story and any evidence or arguments you have against the... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My ex roommate/landlord filled a false domestic violence restraining order, we never dated, how do i get legal help?

He lied on every page of the restraining order and i don’t have the money for an attorney, what are the chances he’ll get away with it? Can he get in legal trouble for doing this? He’s a licensed therapist. How do i fight this if low income and homeless but can’t get help from any free... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

Facing a false domestic violence restraining order is a serious and challenging situation, especially when resources are limited. It's important to understand that even though you're currently unable to afford an attorney, you still have options to defend yourself. In California, there... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I was a party of a case when I was a child. Can I get access or copies to this case?

I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my

Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the... View More

1 Answer | Asked in Domestic Violence for California on
Q: Could I get in trouble if I contacted my ex-husband mom? If I have a restraining order on me
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Under California law, if you have a restraining order against you, it's critical to understand its specific terms and conditions. Generally, a restraining order prohibits contact with the person who sought the order, which in this case is your ex-husband.

However, the order may also...
View More

1 Answer | Asked in Domestic Violence for California on
Q: Will it help me if my spouse shows up to my pre trial for a domestic violence court date?

She’s is the one who lied and called the cops on me the day of my arrest.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

In a California domestic violence court case, the presence of your spouse at a pre-trial hearing can have significant implications. It's crucial to remember that each case is unique, and the impact of your spouse's attendance can vary based on the specifics of your situation.

If...
View More

1 Answer | Asked in Domestic Violence for California on
Q: How much of a 180 day jail sentence in LA county will I serve for domestic violence?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

The actual time served for a 180-day jail sentence in LA County for domestic violence can vary based on several factors. Generally, in California, inmates may serve a portion of their sentence due to overcrowding and good behavior credits. However, the specific amount of time served can be... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I sue 911 operator for handling domestic call negligently resulting in further anger to the abuser.

Operator kept telling me to hand phone to abuser who would of threw it out the window. When I pretended to hang up 911 call and abuser calmed down. 911 operator said my name resulting in extreme anger from abuser who threatened to kill me and then himself.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

In California, suing a 911 operator for negligence is a complex matter due to the immunities and protections often afforded to emergency dispatchers and public entities. However, under certain circumstances, there may be a viable claim if you can prove that the operator's actions were beyond... View More

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.