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California Domestic Violence Questions & Answers
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

2 Answers | Asked in Domestic Violence for California on
Q: Hello, I have a family member who was arrested and charged with domestic violence. First time offense. What can happen!

I believe the case is being treated as a felony as there were physical injuries to the other party

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

It depends on the facts, the specific charge, and any priors. 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

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1 Answer | Asked in Civil Rights, Domestic Violence and Family Law for California on
Q: 16yrold/19yrold he assisted in runaway restraining order denied for civil harassment how do i keep him away from her.

16yrold daughter/19yrold boyfriend he assisted in her runaway report was made no charges against him he got scared and she came home. restraining order denied for civil harassment. judge said no violence against me/mother. he is still showing up in public to see her using friends cell phones for... View More

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

That sounds like a crime that should be reported to the police. If they fail to investigate, you can file a complaint with the police department and also report the crime to the DA. You may want to file a restraining order against the boyfriend on behalf of your daughter. It sounds like you erred... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for California on
Q: I was an abusive relationship for seven and a half years I have physical proof of the abuse pictures video he's always t

Threaten me and my family are my son. If I were to ever call the police on him that he would kill me whatever time the place came out I would send them away he was arrested twice because there was more exciting me but because I refuse to testify they had to drop the charges on him I finally have... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 12, 2017

You may consider filing for a restraining order and contacting the police to report the crimes. You may also consider suing for tortious assault/ battery. You may want to file for custody and child support. More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Can I get an restraining order for my 3 year old daughter who lives with her mom against her moms boyfriend

My ex girlfriend boyfriend is a known drug felony and is using in house. Her sister who lives with her has seen evidence of it. I am afraid for my daugther and want to protect her living arrangement.

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 10, 2017

You might want to file for a custody modification based on any such evidence as well as a restraining 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... View More

1 Answer | Asked in Family Law, Probate, Domestic Violence and Landlord - Tenant for California on
Q: My sister and I live together, she stopped paying rent 5 months ago. What can I do legally?

The condo is in my deceased mother's name and my sister has her boyfriend living here also that does nothing but yell and scream and threaten everyone in the house creating a hostile living environment. I'm scared to leave my room.

Bruce Adrian Last
Bruce Adrian Last
answered on Jul 10, 2017

Azusa, CA:

So, first things first. If your housemates are creating a hostile living environment, then you should report the incidents to the police and seek a restraining order. This goes double if you are in fear for your safety.

The next issue is that you state that the condo is...
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1 Answer | Asked in Estate Planning, Family Law, Domestic Violence and Probate for California on
Q: What can I do about my hostile living situation?

My mother left my sister and I a condo. She has a live in boyfriend who has made me afraid to leave my room. He has yelled and cussed at me while pregnant and in front of my children and made a threat that my family will suffer. I feel unsafe in my home. They are 5 months behind on their rent. What... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 8, 2017

You can report threats to the police, and you can file for a restraining order. You may seek a partition in court re: your ownership 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.... View More

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: I have a move away order with 3 days until the 30day stay expires-My ex bf served me today with appeal. Can I still move

I have full legal and pysical custody of our two kids and a 5 year perm restraining order against my ex protecting the children and myself. I have a move away order from the court and only three days until the 30-stay period ends. My ex filed an appeal. I received a piece of paper (1-page) that... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 3, 2017

Is his appeal timely? Has his appeal been filed and a temporary stay of the order been issued? 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,... View More

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2 Answers | Asked in Domestic Violence for California on
Q: Hello there,I had a question regarding a domestic violence case. I

I was in a domestic violence relationship with a juvenile age 17 and i am 18. I have a court protective order against him can i remove that and if so how? How many years of probation would he get? And who can i contact to know how many years he gets? I live in California thank you.

Sergio H. Benavides
Sergio H. Benavides
answered on Jul 2, 2017

If you filed for a protective order on your own, and it was granted, then when the judge granted the order it would be stated on the record how long the court order was good for.

If it was a protective order that was granted as part of a criminal domestic violence case, and the...
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1 Answer | Asked in Domestic Violence for California on
Q: My friend and his partner had a fight, both were injured, arent living together, broke up. How long do they have to file
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 27, 2017

She can call the police to report a crime, file a request for a restraining order, and sue in civil court for assault and battery, if you injured her. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My ex pressed DV charges on me 2 days ago am I going to be arrested or get a notice to appear
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

Perhaps, but did she file in divorce court or to 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. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Domestic Violence for California on
Q: How long do I have to file for domestic violence if there no injuries involved in los angeles California
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

What kind of violence results in no injuries? You can report crimes to 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. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Can a respondent file more than one DV-120 (with extra evidence) as responses to a civil Temporary Restraining Order ?

Or is there another method for getting this additional evidence into the judge's hands ?

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 25, 2017

You can file an "Amended response" to the complaint. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Domestic Violence for California on
Q: Is victomizing a victim a real law and if so how do I use it in a domestic violence case
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

Domestic violence is a crime, and you can report that to the police. You can also seek a restraining order 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. You can read more about me, my... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: i need to kick out a roomate from my home which i own. he doesnt pay rent and my physical safety is at risk

shortly after buying my home my brotger became homeless and i allowed him to move in with me. i have a heart condition and recent arguments have resulted in him threatening my physical well being as well as the well being of my animals. i told him to leave and not come back but he refuses. i live... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

You can report crimes to the police, and evictions should happen via court. You may seek a restraining order as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have been trying to get my ex served papers due to a domestic situation since April and he is avoiding service.

This was a physical situation and he is facing possible battery charges. I cannot afford to keep spending $150 to get him served and it not working. I am afraid the judge will not continue to extend the dates for court and I need this restraining order to stay in place. It is an emergency/temp... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

Have you hired a professional process server? Have you reported the crime to 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. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Domestic Violence for California on
Q: I charged my girlfriend with domestic battery and I feel I made a mistake. I want to recant, Will I be in trouble

We were upset at each other, over a recurring issue with her intrusive 23yr old dtr. We said things to each other and my left ear was scratched so I pressed charges.

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 22, 2017

The DA (not victims) makes decisions whether to charge or dismiss, and if they're pressing forward then they can subpoena you to testify. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I filed a domestic abuse a week ago because I was just verbally threaten. But we worked it out how can I drop it.

I filed domestic abuse to my ex boyfriend because he was verbally threatening me weeks passed we worked it out for the baby. Is there a way to drop the case and restraining order since I'm the one that filed. Will I get penalized if I don't show up for court

Ali Shahrestani,
Ali Shahrestani,
answered on Jun 21, 2017

Is it a family or criminal court case? If family court, then you may seek to dismiss the action, and you should do that in court typically. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More

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