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California Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: If a victim won't press charges or testify can her husband get convicted on domestic violence charge

My wife made false police report and i was charged with d.v. she refuses to testify or attend court. Will it be thrown out eventually?

William Mihrtad Paparian
William Mihrtad Paparian
answered on Sep 24, 2017

Yes, the case could possibly be dismissed if your wife refuses to testify against you.

1 Answer | Asked in Domestic Violence for California on
Q: Domestic violence

Hi my friend got charge with domestic violence last year and restraining order thia year he got charge again same person but physically hurt her broken nose and upper cheek we were wondering whats gonna happen to him and how many years he will do? And is he gonna be able to see his kids?

Joseph Torri
Joseph Torri
answered on Sep 22, 2017

It sounds like there was a restraining order in effect when this incident occurred. He could go to prison for multiple years, but more facts are required to provide a thorough analysis. The court will need to look at his prior record, too. These injuries sound serious and it's likely he could... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I'm trying to get my boyfriends domestic violence charges dropped. Any help would be amazing thank you

We got into a huge fight and in my anger I called the police and now he is in jail awaiting a court date. He accidentally hurt me in the fight when he was just trying to grab his notebook back from me and now the cops are pressing charges even though he didn't try to hurt me at all. Please any... View More

William Mihrtad Paparian
William Mihrtad Paparian
answered on Sep 17, 2017

This is a fact pattern that frequently emerges when there is a false allegation of domestic violence and the alleged victim doesn't want to prosecute. You should consult with an experienced criminal defense attorney. It sounds like your boyfriend has a viable defense to the charge.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: How can I get visitation of my child? Wife isn't responding to me to arrange visitation. We're separating, possibly divo

So my wife and I are separating. She is more than likely filing for divorce. We've already been to court back in April this year as she filed for a restraining order against me. The restraining order was denied in court and we were both given joint legal custody of our 1 year old daughter. We... View More

Joseph Torri
Joseph Torri
answered on Sep 12, 2017

The domestic violence conviction does not help your case, but it's still possible to obtain joint legal custody and physical custody. It's difficult to predict what a family court will do, especially with limited information. In any event you are not seeing your child and would like to.... View More

1 Answer | Asked in Domestic Violence for California on
Q: My adult niece lives in my home. Do I file for a civil order of protection or domestic violence order for protection?

My adult niece lives in my home. She assaulted one of my roomers. He filed a report and is waiting to hear from the detective to possibly file charges (not likely). My niece has a history of violence in my home that I have personally witnessed (people never want to press charges), she agreed to... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 8, 2017

You need to have her evicted from your property. Consult a landlord tenant lawyer or law firm to get the help you need.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can I sue and/or place into jail, my brother for assault while I was 8-14yo? 1 weeks ago, he threatened and harassed me.

I am currently 17-years-old; my assailant (my brother) is 26. He has been placed in jail on numerous occasions and was released recently—little over a month ago. In the past—late elementary-school and throughout middle-school: he would punch me, kick me, spit on me, yell at me, spread... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 6, 2017

I get the impression that you have compressed years of abuse into a short summary. Because you are a minor, you cannot sue your brother on your own, but you can still go to court and file harassment claims against your brother and try to get court orders that he stay away from you. Your parents... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Domestic Violence and Legal Malpractice for California on
Q: Can a lawyer be disbarred for congradulating my future ex Because his domestic violence charge never went to court

Two times in two months I called the police. First time he kicked my butt hard as I was bent down vacumming my car because I didn't have two side dishes the night before.police hounded me to have him arrested. Second was bad, he strangled me. Police did not care and made me to be the bad... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 6, 2017

If I am making sense out of your question, it is not likely a lawyer will be disbarred simply for doing what you claim.

The more important question for me is why you did not prosecute your ex for the injuries he caused you. I think you should focus on getting permanent restraining orders...
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1 Answer | Asked in Domestic Violence for California on
Q: Bf and I were arguing in public and he has a domestic violence case. It's ridiculous, should I be at his court date?

We were arguing loudly and someone called the police. I told them I was fine but they listened to the guy who called instead of me. Arrested him for "24 hour cool down period", it's been over 24 hours and his court date is tomorrow. Should I be at the court date to explain I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Sep 6, 2017

You should consult with a lawyer about your options. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: What are my options if I cannot attend because I am out of country?

I had to leave the country because father was not paying any child support and could not afford to live there anymore. I left with our minor son and he is threatening to sue for child abduction even though I have asked him to come visit his son here. I got a court order from his lawyer saying I... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Aug 27, 2017

You should have gotten a lawyer in the first place. Contact the court and see if you can appear by phone.

1 Answer | Asked in Domestic Violence for California on
Q: How can i help my boyfriend with his domestic violence case
Alexander Bakhache Perez
Alexander Bakhache Perez
answered on Aug 22, 2017

Is he in jail did you need help with Bail, or did you want to help him hire an attorney?

Feel free to call an attonrey for a free phone consult over the phone or make an apt to come into the office.

I would be happy to speak with you if you would like to give me a call.

1 Answer | Asked in Domestic Violence for California on
Q: How can I file a domestic dispute that happened earlier in the day
Joseph Torri
Joseph Torri
answered on Aug 21, 2017

If you need to file for a domestic violence restraining order, visit the court's self-help center online or at the court. There may also be a legal aid nearby that may help. If you're a victim of a crime, call your local police department. More facts are required to provide a thorough analysis.

1 Answer | Asked in Domestic Violence for California on
Q: My ex bf was arrested For Beating me up his court date is next month , will he serve jail time?

He admitted to putting his hands on me & also can i give The courts the pictures of my injuries so they can use it against him in his court case ? Also how can I get full custody of our son

Joseph Torri
Joseph Torri
answered on Aug 19, 2017

It's possible he could serve jail time, but it depends on what his criminal defense lawyer negotiates with the district attorney. You may want to call the district attorney's office to let them know you are a cooperative witness and your desire for punishment, etc. You may need to file... View More

1 Answer | Asked in Domestic Violence for California on
Q: restraining order

I have a restraining order on my child and myself that took effect this March for a total of 5 yrs. The order was due to domestic violence. The father of my son was ordered to complete 56 weeks for domestic violence classes which he failed to complete. now that the baby is one i would like to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

You can file a motion for custody in family court re: all this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Employment Law, Immigration Law, Child Custody and Domestic Violence for California on
Q: Can I report a domestic abuse without filing charges? Does it go on my husband's record?

I do not want it to, as I would assume that would impact his background check for jobs. Resulting in no job on our single income home.

I would like to file for evidence only for if I need to move back overseas with our kids

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

I see no way that would not affect his legal record as court records are public documents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More

2 Answers | Asked in Internet Law, Libel & Slander, Criminal Law and Domestic Violence for California on
Q: Ex v txt, threatened to share my med history & pic of current scrips w/ "everyone, everywhere" if I refuse his demands.

Also sent me a picture of my career profile page, which he hacked into, with the threat of altering my information so that I will not be suitable for hire. And threatened to contact my boss and have me fired. Proof in texts. Also, after the break-up was agreed upon by both parties, we were still... View More

Manuel Alzamora Juarez
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answered on Aug 13, 2017

if you have proof, then call the police. Best of luck.

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1 Answer | Asked in Employment Law, Domestic Violence and Libel & Slander for California on
Q: my wifes work called police to check on her safety because she called in sick. assumed i was hurting her what can i do
Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

This is too vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Nursing Home Abuse for California on
Q: Can a 17 years old be the primary on a restraining order for being physical abuse by the father?

My son has been physically abuse by the father whom got custody of him at age of 7. My son is 17 and finally disclose the abuse, he would like to get a protection order for himself. Is that possible? Could it be granted for a 17 years old? Do I, his mother can file one and put him on it ? Please... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 13, 2017

He can report such abuse to CPS and the police. You can also file for custody rights and a restraining order on his behalf if you have legal custody rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney... View More

2 Answers | Asked in Domestic Violence for California on
Q: Can a domestic violence case be open if it happened more than 6 months ago?
Joseph Torri
Joseph Torri
answered on Aug 8, 2017

More information is required to provide a thorough analysis. Domestic violence cases in general cover a broad area of the law. In general, it's possible to "open" a domestic violence case even if the facts arising out of the issue occurred more than six months ago.

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1 Answer | Asked in Family Law, Immigration Law, Domestic Violence and Juvenile Law for California on
Q: I have abusive relationships to me from my mother and stepfather. Can I work and live separate? I'm 18.

I'm 18 years old. My mom and I got a green card through the marriage. I've been living in California since they married. Relationsguos between us are very bad.My mother and stepfather force me to go back to my country to my father and threaten to me that only they can let me live in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

If you're 18, I see no reason why you have to live with them. Consult with an immigration lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for California on
Q: New mom leaving deadbeat abusive boyfriend and about crossing state lines with child for safety

My friend had a baby with her long-time (abusive) boyfriend about a month ago in California. She is finally ready to leave after he tried to grab their newborn from her arms during an argument. Police were not called for this incident but he's got a bad record. She wants to flee to either... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 4, 2017

She should file for child custody and potentially a restraining order. She can ask the court to allow her to move away and submit evidence to support her cause. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

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