Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: I was involved in a small altercation with my spouse

One night I got home and my spouse had been harassing me not leaving me alone. I told them to leave me alone but they wouldn't. I gave a final warning and told them I'd remove them from the guest bedroom. spouse wasn't cooperating and refused to leave so I grabbed them by the ankles... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

This sounds like assault and battery and domestic violence. Your spouse may file for a restraining order and may report the matter to the police. This may also have child custody ramifications, if relevant.

See: http://www.aeesq.com/criminal-defense-lawyer/criminal-defense-law/

See:...
View More

1 Answer | Asked in Domestic Violence, Libel & Slander and Sexual Harassment for California on
Q: I'm from the Philippines and my husband is US citizen. He currently lives in West Covina. He is bashing, harassing me.

Can I file a restraining order while I'm here and if not can I hire a lawyer and have the lawyer file it for me? Do I need to fly to US? I'm 6 months pregnant. He still bashing me put bad words in public social media. Please help me on what to do. Thank you.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

You can file for a restraining order and immigration protections under VAWA.

See: http://www.aeesq.com/divorce-attorney/divorce/

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...
View More

1 Answer | Asked in Domestic Violence for California on
Q: I was physically assalted by my BF while on a trip with him in Mexico. I filed a report with hotel can I do anything now

I live in CA. I moved my stuff out of his house. What can I do now that I'm home. I have pictures of all the bruises. Can I file a report in San Jose? I have all of his numbers blocked. I know he trying to contact me. His family told me.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 17, 2017

You can file a restraining order, and you can sue him in civil court for damages for assault/ battery. 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,... View More

1 Answer | Asked in Domestic Violence for California on
Q: How do I respond to being served a restraining order solely by my teen daughter whose mother refuses to represent her?

Parental alienation at its finest in history of jurisprudence.

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 9, 2017

You can file a defense based on evidence, and you may file for a modification of custody and visitation rights. See: http://www.aeesq.com/2017/03/30/gender-bias-in-child-custody-court/

More details are necessary to provide a professional analysis of your issue. The best first step is an...
View More

2 Answers | Asked in Domestic Violence for California on
Q: husband has court today for domestic violence against me.I don't want to press charges. Is it a good idea to not show
Joseph Torri
Joseph Torri
answered on Apr 4, 2017

You should seek a consultation with an attorney and most offer a free initial consultation. If you filed for a restraining order, you can tell the judge you would not want to move forward on the restraining order. However, if you are talking about criminal court, you may be under subpoena to appear... View More

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: If psychiatrist reports a DV case, what happens next?

Partners get into an altercation which reaults in minor bruising for both. One of the partners goes to their regular psych counceling session, and the councelor inquires if the bruising is the result of DV. At the end of the session, the councelor say she will report the incident because of the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

Police may investigate and the DA may charge the alleged abuser with a related crime, possibly a misdemeanor for DV. See: http://domesticabuse.stanford.edu/reporting/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation...
View More

1 Answer | Asked in Domestic Violence for California on
Q: If I press charges on someone for domestic violence and file for a restraining order do I have to go to same court

Do I have to see the person in court

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You can request a restraining order in civil court or family court. You would appear in court for that. You can report DV to the police, and the DA can bring criminal charges and call you as a witness. More details are necessary to provide a professional analysis of your issue. The best first step... View More

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Domestic Violence for California on
Q: Hi i'm a British Citizen. I'm currently living in Irvine, Orange County, CA.

Hi

I'm a British Citizen. I'm currently living in Irvine, Orange County, CA. I live in an emergency shelter for families and victims of domestic violence. I've obtained my Permanent Resident status via marriage to a U.S Citizen. I believe it's conditional. It expires in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

You can file for custody and visitation in this court even if you're not a US citizen or permanent resident. You may also seem immigration relief under VAWA. See: http://www.ncdsv.org/images/FAQ_VAWA%20and%20Gender.pdf

More details are necessary to provide a professional analysis of...
View More

2 Answers | Asked in Domestic Violence for California on
Q: Can you still live with your spouse after a dv
Joseph Torri
Joseph Torri
answered on Mar 21, 2017

If there is a restraining order in place that prohibits contact, the victim of domestic violence would have to seek a modification of the order to allow for contact. Determine what the court orders are or if there are no court orders, see if there can be an exception on the order to allow for... View More

View More Answers

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: How do I drop a restraining/protection order against my boyfriend who is in juvenile hall?

I am a victim of domestic violence that only occurred once during the 2 years we have been together. Me and my boyfriend have a thyroid problem in which causes our hormones to react differently and quickly, it also causes us not to control our anger. After the incident happened, I called the police... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 18, 2017

The DA, not the victim, makes such decisions. 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/ publications... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does venue change if DV and Ex Parte order is filed in a different county than the alleged acts claimed to have​ occured
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

See my answer to your identical question here. 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/ publications... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does venue change if a DV/Custody order is filed in a different county than the acts claimed to have allegedly occured?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 17, 2017

Venue is based mainly on the most recent location of residence of the divorcing parties, not where abuse occurred, necessarily. Other factors are relevant too. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Domestic Violence for California on
Q: The court gave my ex a restraining order o due to the domestic violence but he called me about 2 weeks ago.

The court gave my ex a restraining order because he pleaded guilty to a domestic violence back in April of 2016. Since then we have been going through a custody battle. About two weeks ago Feb 22, 2017 to be exact he called me. I have 3 constant missed calls on my WhatsApp from him. I did not... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 15, 2017

Violation of a court order is a crime called contempt. You can call the police about this as well as file a motion for contempt proceedings in the court that issued the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Military Law for California on
Q: I need assistance with filing a Civil Harassment Restraining order against my sister-in-law. How can I get assistance.

I am 100% disabled and she harassed me and I feel unsafe in my own home. She's also antagonizing my nine year old son and he is afraid of her as well.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

See the free court forms on the CA courts website: http://www.courts.ca.gov/1044.htm

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 and Landlord - Tenant for California on
Q: Former landlords/roommates physically attacked me twice. They refuse to return my 2 Cats and disposed of my belongings.

They showed up at my work, caused a scene & I subsequently was let go They disposed of ALL of my personal belongings within a few days (including my deceased husband's ashes). They agreed to care for my cats until I got settled in a new place. They refused to communicate except to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You can contact the police to report the attacks and theft. You may have a case to sue for conversion of personal property and breach of lease agreement. As for the disposal of your property at your rental home, did you receive any sort of notice of abandonment? See:... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Criminal Law for California on
Q: In CA, is there limit to how long one may file report for being physically attacked twice by landlord/roommate?

I was attacked by my former roommate/landlord on two separate occasions, the last being in Jan. 2016. SHE called the police both times and stated in both calls to 911 that she had hit me. The first time, her and her boyfriend left before the sheriff showed up. I covered for her saying it was an... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

See: http://www.courts.ca.gov/9618.htm

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/ publications...
View More

1 Answer | Asked in Domestic Violence for California on
Q: How do I go about leaving a abusive relationship?

Things are starting to get real bad and I'm fearful of my life and my 4 children. I am not married to the man but he's the father of two of my children.. he is affiliated and If I could please get legal help it would be be very helpful and much appreciated. I live in Los Angeles, CA I... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 12, 2017

You can call the police to report the abuse as a crime, and you can contact a domestic violence shelter to house you and your kids in an undisclosed "safe house." You can file for a restraining order as well.

See: http://www.courts.ca.gov/selfhelp-domesticviolence.htm...
View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: if I have dv order and my husband file divorce in another county.can he still get child even though child in dv orders

He's got mental issues/ drug problems and he a truck driver. He's been making all kinds of treaths in my text and voice mail...can I still go forward with my custody and divorce papers in the county we always lived? He's doesn't have a address. I've reported to police,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

If he filed in a county other than where the child has been residing, you may be able to respond to that filing with a request to transfer the venue to the county of the child's residence. If he files court documents in that other county, you should respond appropriately there rather than... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: hi when one parent has temp physical and sole does that mean the other parent has no rights to their children

i have been the only parent involved for our 2 children their whole lives father has verbally abused me for many years and blamed me for all he has done to me and the kids he has gone beyond his waY TO DEFAME ME AND MAKE ME THE BAD MOTHER TO GAIN CUSTODY OF MY CHILDREN HE HAS TAKEN ME OUT OF THEIR... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

You can file for a restraining order if you have a factual and legal basis to do so. When a parent is granted sole physical/ legal custody, that is not the same as terminating the other parent's parental rights. You can also sue for defamation, if applicable. More details are necessary to... View More

1 Answer | Asked in Domestic Violence for California on
Q: The DA referred me to the City attorney when I showed up to Domestic V court date. What does this mean No charges filled

I arrived to court and the district attorney referred me to the city attorney. I never pleaded for any charge? Does that mean no charges where filled and what can the city attorney do in this case?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 1, 2017

Your facts are vague. 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/ publications on my law practice... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.