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California Domestic Violence Questions & Answers
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
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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

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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
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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...
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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
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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...
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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
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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
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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

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Landlord - Tenant for California on
Q: My ex and I have been living for 7 months at a house his parents' own. Neither of us pay rent. What if he locks me out?

His parents own the place but do not reside there. They've been threatening to evict me. I am away for the holidays as worried he might lock me out. My things are at his place. What could I do to defend myself if this happens? Can I demand to get back in?

James L. Arrasmith
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answered on Dec 21, 2023

In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights.

If your ex locks you out, this could be considered an illegal...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What happens after a financial statement is filed by petitioner does he have to serve me to get a court date custody kid

For child custody parental determination

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 14, 2023

If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can't afford domestic violence classes what can I do
James L. Arrasmith
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answered on Dec 13, 2023

If you are facing difficulties affording domestic violence classes in California, there are several steps you can take. First, consider reaching out to local domestic violence organizations or shelters. These organizations often have resources or can direct you to low-cost or free programs. They... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: No charges filed at arraignment, DA sent DV case back to Sheriff’s office for further investigation.

As the victim who wants the charges dismissed, what steps should I take in making this go away for the defendant? He was taken in on PC 148(a) (1), PC 273.5(a), PC 136.1(a)(1), and PC 212.5. I never contacted the authorities nor expressed that I wanted any charges filed, they walked up on the... View More

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answered on Dec 6, 2023

In cases of domestic violence, the decision to press charges often rests with the state, not the victim. This means that even if you, as the victim, do not wish to pursue charges, the authorities may still decide to proceed based on the evidence and the nature of the allegations.

If you...
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1 Answer | Asked in Domestic Violence for California on
Q: As a witness for my friends restraining order, what questions do they ask
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answered on Dec 6, 2023

As a witness in a restraining order case in California, you can expect to be asked questions about your knowledge of the events and interactions between the parties involved. The questions will be aimed at establishing the facts and circumstances that led to the request for the restraining order.... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can the testimony of a domestic violence victim in CA be used at trial, if the victim is unable to testify at the trial?

The defendant has been held to answer on 21 charges of domestic violence, 13 of those are felonies.

The victim gave testimony for 6 hours during the prelim. If the victim is unavailable to testify in court at the trial will the prior testimony given during the prelim by used in lieu.

James L. Arrasmith
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answered on Dec 5, 2023

In California, the use of a domestic violence victim's testimony from a preliminary hearing at trial, when the victim is unavailable to testify, depends on specific legal criteria. Generally, the Sixth Amendment's Confrontation Clause guarantees a defendant's right to confront... View More

1 Answer | Asked in Domestic Violence for California on
Q: Legal representation for the victim of domestic violence, why are the not court appointed? California

The prosecutor is defending/upholding the states laws, the defendant has a court appointed lawyer to defend their rights. As a victim I want a lawyer who will defend me and my rights as well, someone to speak where I feel I am not being heard, some guidance. Why are dv victims not represented by... View More

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answered on Dec 5, 2023

In California, the legal system primarily appoints attorneys for defendants in criminal cases to uphold their constitutional right to legal representation. This principle is rooted in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for the accused in criminal... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: if an in custody inmate had an arraignment for dv charges and was told the da has not yet filed charges

must he be released within 48 hours of the arrest if files are not charged before then? also as a victim who was given no say and wants the charges completely dropped is it a good idea to contact the da while it’s pending to communicate my stance and or demand answers for the pending status?

James L. Arrasmith
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answered on Dec 5, 2023

In California, if an individual is arrested and detained, the district attorney generally has 48 hours to file charges. If charges are not filed within this period, the individual must usually be released. However, this timeline can vary depending on weekends and holidays. It's important to... View More

1 Answer | Asked in Domestic Violence for California on
Q: How do I as the protected party ask that a restraining order be terminated in California?

My boyfriend was arrested for domestic violence there was a temp ro then another issued in court and then canceled I was not aware of another one being ordered we moved to ND and he was arrested there for violation of a foreign protection order I want to ask the court to terminate it but the courts... View More

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answered on Dec 4, 2023

To request the termination of a restraining order in California, you first need to file a request with the court that issued the order. This is typically done by submitting a form, which can often be found on the court's website or obtained at the court clerk's office. The form is usually... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can you sue the probation officer he told my attacker I called and my attacker threatened me?
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answered on Dec 4, 2023

In California, the situation you described raises serious concerns about the confidentiality and duty of care owed by probation officers. If a probation officer disclosed information to your attacker that led to threats against you, this could potentially be a breach of their professional duties.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: If your ex bf gives you consent to slap them and you do is it legal? What if they push you forcefully in the throat?
James L. Arrasmith
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answered on Dec 3, 2023

In California, even if your ex-boyfriend gives you consent to slap them and you act on it, this does not necessarily make it legal. Consent can be a complex issue in cases of physical altercations. If the slap causes harm or is perceived as an assault, it could still be subject to legal... View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: What paperwork is need to stop a landlord from removing or selling property of a restrained person prior to court date

Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date

James L. Arrasmith
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answered on Nov 29, 2023

Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to... View More

1 Answer | Asked in Domestic Violence for California on
Q: How many continuances do I get in a domestic violence case

I already asked once for one

James L. Arrasmith
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answered on Nov 27, 2023

In California, there isn't a set limit on the number of continuances you can request in a domestic violence case. However, it's important to understand that each request for a continuance is subject to the court's approval. The decision to grant a continuance depends on the reasons... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What if I was the first one to hit the suspect on a domestic violence case?

A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the... View More

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answered on Nov 26, 2023

In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false... View More

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