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California Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: can my ex walk out on me ,the kids and then. come back when ever she feels like it.

she has had her own place since leaving us. its been a yr and she refuse to take her name off the lease on our house, she comes and goes and controls everything I do.its like she can do it but i cant go to her house. she is very controlling and abusive mentally and emotionaly . we have section 8... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Aug 3, 2017

Are you two married? If so, file for divorce. If you are not married, file a parentage action and request orders for custody and support.

1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: Can I get an restraining order on my sons father in a different county from our custody order?

We share joint legal custody and I have primary physical custody. This is his 8th time attacking me over the course of almost 5 years along with 2 sexually assults resulting in the birth of our son. I have a police report from the most recent one and have 2-3 others from different times. I tried to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 2, 2017

You can report this to the police and file for a restraining order. This may also impact his custody rights if you file for a modification in court. 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... View More

1 Answer | Asked in Domestic Violence for California on
Q: What will happen if I don't press charges against my boyfriend for domestic violence while I was 7 months pregnant?

This would be his second offence

Also will CPS try to get involved?

Will I look like a parent that can't protect her kids?

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 2, 2017

This might indeed affect your custody rights if CPS investigates this matter and finds you to have acted negligently. 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... View More

1 Answer | Asked in Domestic Violence for California on
Q: My question is this I called 911 when my girlfriend started getting abusive they should up an they took

Now DA wants to give me 2 years in prison

Domingo R. Castillo
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answered on Jul 28, 2017

You need a Criminal Def attorney to fight for you! Call one now.

1 Answer | Asked in Criminal Law, Domestic Violence, Employment Law and Personal Injury for California on
Q: My husband and several coworkers stalked and made death threats against my child and I from work. Who/what can I sue?

Creeps were GM's and workers in CA at new car lots. It led to my 16 yr old attempt suicide, a divorce and homelessness.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 26, 2017

You can report such crimes to the police and to your employer. 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

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: if you choose not to serve the other party and neither of you attend court will the case be dropped?

It's a domestic violence case, we have children. I just would like the remain seperated without restraining order and work outside of courts.

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 26, 2017

If you are referring to a request for a DVRO, yes, if you fail to serve and you don't appear, the matter will be taken off calendar.

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: My wife was charged with PC 243(e)(1), any chance of not being convicted/on her record?

My wife and I were both drunk last weekend where we got into an argument sitting in the backseat of a car. She started swinging/scratching my face (not punchin) and I tried to hold her hands to stop her. She left a few minor scratches around my face. A nearby person called police and eventually... View More

William Mihrtad Paparian
William Mihrtad Paparian
answered on Jul 26, 2017

It's possible to avoid a conviction through a conditional plea whereby she would enter a plea of no context but sentencing would be put over for a year so she could complete 52 weeks of domestic violence counseling. It would be helpful to establish that there would be collateral consequences... View More

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1 Answer | Asked in Domestic Violence for California on
Q: I was arrested for domestic violence no charges were brought do I still have to do DV classes I live in California

I was arrested 24 days ago for supposedly slapping my girlfriend on her arm and threatening her I got a restraining order put against me I went to court all charges were dropped then I had court at 1:30 for family court because we have a child together we came to an agreement but when the paperwork... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

What was the judge's order? 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... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Does custody of prior children play a role in the custody you your child with that person? will i get custody?

she (the mother) has a daughter with some other guy. she doesnt have custody for reasons i do not know. She supposedly gave custody because she was intimidated by the father. i ( the father) have a son with her. she's not a druggy or an evil mother but in simple words shes not responsible. she... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

See my prior reply. 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 Child Custody, Domestic Violence and Family Law for California on
Q: Does custody of prior children play a role in the custody of your child with that person? will i get custody?

she (the mother) has a daughter with some other guy. she doesnt have custody for reasons i do not know. She supposedly gave custody because she was intimidated by the father. i ( the father) have a son with her. she's not a druggy or an evil mother but in simple words shes not responsible. she... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

The court considers all relevant factors including the home situation, care of other children, recent history of violence, and so on. 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... View More

1 Answer | Asked in Domestic Violence for California on
Q: I suck my thumb and my mom started hitting my little sister when I do. Is this abuse illegal?

I'm 13 and I still suck my thumb which my mom doesn't like not one bit so to make me stop she started hitting my 3 year old little sister and even told my older brother to do it when I suck my thumb. I am not doing anything wrong it is only unsanitary. I just want to know if it is illegal... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

You can report child abuse to CPS and the police. 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 Domestic Violence and Family Law for California on
Q: If I acknowledge in my paperwork, that my husband has been abusive to me on more than one occasion, in front of our son,

...will this be viewed as "failure to protect" ( I was afraid that a restraining order wouldn't be signed, as the cops never believed me)? I. E. Will it help or hurt my case? Thanks.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

It sounds like you may need a lawyer to draft the necessary documentation to try to protect your rights. 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... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I went to court judge sad six months 3 months in rehab and 3 months after care for a six month sentence I did five

Month in rehab and one month after care I went back to court and the judge sad u are done with rehab now do one yr domestic violence and report to your PO so I did PO sad ok one yr domestic violence and two month after care ..I sad the judge sad I'm done with after care PO sad i need after... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

Have a lawyer review the judge's orders to determine what powers, if any, were granted to the PO. Also the PO's decisions should be reviewed to determine their legal and factual basis. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Domestic Violence and Employment Law for California on
Q: Hello. Back in 1986, I was arrested for domestic violence. 240 PC & 242 PC. The case was diverted and dismissed.

I recently requested a Live Scan. This arrest appeared on the Live Scan. On a law enforcement application, how would I answer if asked, have you ever been arrested, charged or convicted for domestic violence. It also shows (1000.6) Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

If you were arrested, then you were arrested. The case doesn't disappear from history just because it was dismissed. 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... View More

2 Answers | Asked in Domestic Violence for California on
Q: If i was slapped by my boyfriend and he forced my keys from me and took my car..

The police was called but they went on to say hes has a curfew to bring my car back and if not by a specific time they will go out and find the car and take him to jail..but he slapped me and took my car, thats theft if i didnt willingly give them to him..they were taken by force in front of... View More

Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 19, 2017

This is a DV case - domestic violence for sure, you may want to call the police and report this. not sure about grand theft and who owns the car need more facts- but you are a victim and should call the police to report all this and make a record of it with them. Take Care.

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1 Answer | Asked in Civil Litigation, Domestic Violence and Libel & Slander for California on
Q: Expungement. A neighbor filed a civil TRO which was NOT granted by the Judge . I would like this taken off docket.

Expungement. A neighbor filed a civil TRO which was NOT granted by the Judge and she did not show up to the hearing. This was a crazy bogus TRO and now it's on my record. I want this expunged from the docket. Do I need an attorney or can I do this in pro per? Is there an application? I'm... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

If the civil TRO case was dismissed, what's the problem? I hear no legal basis to remove this case from the public record, though. Expungements relate to certain criminal matters only. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: I have 100 % custody and ex does not pay child support and is trying to get full custody w attorney(his)

Do I need a lawyer

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 18, 2017

If he has a lawyer, you should have a lawyer

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3 Answers | Asked in Criminal Law, Domestic Violence, Juvenile Law and Sexual Harassment for California on
Q: What all could happen if a 14 year old girl is caught sleeping and gets pregnant with a 25 year old man?

One of my friends who is 14 just told me that she is sleeping with a 25-year-old I'm scared as to what would happen if they ever get caught but what would happen if they do get caught? How long would he go to prison for ? If she says it was consensual will he still get in trouble ? And... View More

Brian Scott Winkler
Brian Scott Winkler
answered on Jul 18, 2017

There are so many legal issues involved in that question, it reminded me of taking the bar exam a few decades ago! I'll do my best to just give answers, and then provide a little narrative in what could be a game changer!

1) if they were caught, it would definitely be statutory rape...
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1 Answer | Asked in Child Custody, Child Support and Domestic Violence for California on
Q: My boyfriend and I have an existing custody order, but have been living together for last 2 1/2 years and he has told me

I have 2 weeks to move out and I can not tdake our 5 year old sonwith me. He won`t answer his phone when I call or answer texts. He works 6-7 days/week, and when he is home, spends very little time with our son. He is also been cheating with me over last few years and I now have solid proof. I am... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 16, 2017

Now that you are breaking up again, why not simply start complying with the custody order you already have? As far as your financial predicament, as you and the boyfriend were never married, you are not entitled to any support from him other than child support. I recommend you go to court with... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Can I make a donation to my wife's paypale. She has a restraining order on me. In Cali.

Court is not requiring me to pay for child/spousal support

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 14, 2017

Why do you want to do that? 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... View More

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