Get free answers to your Domestic Violence legal questions from lawyers in your area.
The DA is intimidating me and scaring me with the plea bargain that they are offering. I just need to talk to an atty who will answer some questions
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answered on Feb 4, 2024
If you're feeling intimidated by the District Attorney's office regarding your husband's case and the plea bargain being offered, it's important to know that you have rights and options. The Criminal Protective Order (CPO) issued in domestic violence cases is intended to protect... View More 
My DVRO as a victim, backed by a police report and medically noted injuries was in place first. In retaliation, the abuser filed his own DVRO in another county and the judge gave it to him.
Is this allowed? Is it illegal error? Was the judge supposed to wait for the outcome of mine before... View More
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answered on Jan 29, 2024
In California, the issuance of a Domestic Violence Restraining Order (DVRO) is governed by the evidence presented in each specific case. It's not uncommon for both parties in a domestic dispute to seek restraining orders against each other. The law doesn't automatically preclude granting... View More
Hi Lawyers,
I’m filing my own motion to vacate a DVRO that my abuser was granted, but me the victim with hospital records, police report and confirmation of charges pending against my abuser didn’t get one HAHA!
I have a new judge now and I need help citing caselaw in my motion... View More
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answered on Jan 28, 2024
In your situation, where you're seeking to vacate a Domestic Violence Restraining Order (DVRO) that was granted to your abuser, it's crucial to provide solid legal grounds for your motion. Citing relevant case law can strengthen your argument, especially if you believe there was judicial... View More
He keeps calling and texting but I have no record of it because I would ignore the calls and delete them. I am scared of him because when I tried to kick him out of my apartment he had tried to hit me six months ago and when I file for a restraining order they said they can't do anything since... View More
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answered on Jan 28, 2024
Under California law, you have the right to seek a restraining order against someone who is stalking or harassing you, including an ex-boyfriend. Since you have experienced physical threats and property damage, this significantly supports your case for a restraining order.
Begin by... View More
2 get out holding the door wide.Open4the garbage man 2 see me that was pullin up.This is a second incident that happened that I recorded a year prior. She didn't want me to use the restroom until I purchased the car wash. I went there to go get after coming out of bathroom. She calls me... View More
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answered on Jan 26, 2024
Under California law, the situation you described may constitute assault, especially if there was intentional and unlawful physical contact or a credible threat of harm. Placing a knee on someone's genitalia, as you described, could be seen as an offensive physical contact, which is a key... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
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answered on Jan 23, 2024
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
answered on Jan 24, 2024
If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
answered on Jan 24, 2024
If the power of attorney gives them authority to handle real estate business, the power of attorney should be recorded. I would recommend that you contact the owner/ landlord directly and get a copy of the power of attorney from that source. Be sure to read it carefully to be certain that it... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
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answered on Jan 23, 2024
In matters involving financial decisions and the use of a Power of Attorney (POA), it is generally reasonable to request to see the POA document to verify the authority of the person claiming to act on behalf of the principal (the person who granted the POA). This is especially pertinent in... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
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answered on Jan 21, 2024
Under California law, when a Temporary Restraining Order (TRO) is granted, proper service is typically required for the order to be enforceable. However, in your case, where the husband has actively participated in the process despite not being formally served, the court may consider this as... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
answered on Jan 21, 2024
You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More
I left because of domestic Violence, made police report already.
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answered on Jan 21, 2024
Under California law, if you've left a domestic situation due to violence and your ex-partner is withholding your personal property, there are legal steps you can take. First, it's important to understand that personal property you owned before the relationship or acquired independently... View More
Two judges in same county seem bias and are failing to protect . Lied to my child in remote hearing to get her back there,threatened me with child abduction unit and denied child counsel, she's being punished for speaking up and doesn't trust anyone now. Can anybody do anything? No legal... View More
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answered on Jan 21, 2024
Under California law, if you believe that a judge is acting with bias or failing to protect a child, there are steps you can take. Firstly, consider filing a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct and can take... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
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answered on Jan 20, 2024
Under California law, you have the option to file Form DV-115, the Request to Continue Court Hearing and to Reissue Temporary Restraining Order, to reschedule a Domestic Violence Restraining Order (DVRO) hearing. This form is typically used to request a postponement of the hearing, but it can also... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
answered on Jan 20, 2024
Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More
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?
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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
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?
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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
I have suffered mentally and physically and can no longer work in the field I am trained in.
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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
I have suffered mentally and physically and can no longer work in the field I am trained in.
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
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
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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
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