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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: domestic violence

My ex boyfriend has threatened to kill me, he follows me , he calls people i know and tells them a bunch of crap. Also i have a warrent for not attending 20 NA meetings because he wouldn't let me go. Now he has threatened to turn me in because I left him . How can i get a restraining order... View More

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

You can file a restraining order in court and report his crimes against you 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

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I was defending my son from his father and ended up a big argument where his father attacked me will DCFS detaine my son

My finger was fractured. He does not want to leave the house.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 2017

You can file for a restraining order against the attacker. Why would CPS detain your son and take custody away from you, as you ask? I see no reason for that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

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1 Answer | Asked in Divorce and Domestic Violence for California on
Q: Could I be charge with domestic violence by state of CA when my wife files for divorce on ground of DV?

I am military. No police were involved so no. I am getting seperated administratively.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 28, 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 Criminal Law and Domestic Violence for California on
Q: Describe diff in consecutive and concurrent sentencing in California
William Mihrtad Paparian
William Mihrtad Paparian
answered on Feb 28, 2017

Consecutive sentences are stacked on top of each other for additional time, concurrent sentences run together for no additional time.

1 Answer | Asked in Domestic Violence for California on
Q: In regards to financial abuse

You responded to me already yes he's paying the mortgage but he doesn't want to pay for other things like the internet and the cable and now he doesn't even put money for food anymore and is telling me that if I don't give him a copy of my driver's license if he won't... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

You can seek help through government programs such as women's shelters, medicare, medicaid, and related services. 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 Divorce and Domestic Violence for California on
Q: Could I be charged with domestic violence when my files for divorce under domestic violence grounds?

wife*

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

If your wife reports domestic abuse to the police, that might lead to related charges in criminal 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 credentials, awards,... View More

1 Answer | Asked in Domestic Violence for California on
Q: When are you properly served a restraining order in California?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 27, 2017

You're served when you have been provided notice of the order. 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

2 Answers | Asked in Domestic Violence for California on
Q: Hello, what actions are taken if a woman calls 911 for domestic violence?
Sergio H. Benavides
Sergio H. Benavides
answered on Feb 21, 2017

The police will come and take statements from all witnesses and the accused, and write police reports. They will also offer the 'victim' a protective Restraining order.

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1 Answer | Asked in Divorce, Domestic Violence and Probate for California on
Q: I'm named as pension recipient, Pension division is refusing to award me the pension.

My ex-husband, now deceased did not tell me when we were divorcing that he had a pension. He told me about a year before his death (heart attack) that he has a pension and that I am listed as the beneficiary. He was with Local 831 and I have been fighting them now for over 6 years. My ex was fully... View More

Richard Samuel Price
Richard Samuel Price
answered on Feb 21, 2017

I'm sorry to hear that you're in this situation. So long as your ex-husband lived in California at the time of his passing, you can file a petition in probate to determine whether the rights vested in your late ex-husband. Generally, you have to bring a petition within one year of his passing.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: i have falling very ill. I have 20 hours of community service and 20 classes left.Under doctors care. What can i do

Never been in trouble. Going to be permanent disabled. Misdemeanor cant walk or sit. Not trying to get out of it but physicaly cant do anything

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 20, 2017

You can petition the court for an extension of time or alternatives to your current community service situation. For example, see: http://www.lacourt.org/division/criminal/CR0028.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an...
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1 Answer | Asked in Domestic Violence for California on
Q: I want to lift restraining order against my husband who was charged for spousal abuse and child endangerment

The protective order was court ordered through the criminal court and includes my children and I (not his children). DCFS opened a case after the DV incident, in which I agreed not to come around him or bring my kids around him. I did and as a result the children are now out of my custody. I am... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

When the court issues a restraining order, there is a limited time to appeal that judgment. When that time for appeal ends, typically there is no way to rescind the restraining order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have a court appearance next week for a domestic violence case. Is there a chance I could be sent to jail?
Joseph Torri
Joseph Torri
answered on Feb 18, 2017

If the domestic violence case is in the family law courthouse for a restraining order, the family court court would not lock people up on those types of cases unless it's for some violation. You're probably talking about the criminal domestic violence court and there's a possibility... View More

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: A 17 year old is facing domestic violence charges for defending herself against her mother.

My 17 year old girlfriend is constantly assaulted by her mother, bruises, cuts, and when her mom slapped her again my girlfriend hit her mom in the chest. Her mom then called the cops and pressed domestic violence charges against her. She spent the night in holding and has court in 2 weeks. She was... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Her attorney may consider pleading self-defense against the allegations. I see no basis for you to appeal, though you may be asked by her or her lawyer to be a witness, if applicable. I see no legal basis for a minor to stay with you. Remember that sex with a minor is a crime in CA, and that... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I took a plea deal in a domestic violence charge. I was given 3 years unsupervised probation. I didnt complete thhe term

I was given 3 years unsupervised probation, fines and had to complete domestic violence and anger management classes. My 3 years will be up at the end of next month and I have not completed all of my classes and have not payed all of my fines. What steps to I need to take to not land in jail again?... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You can file for an extension via a motion in court. You should hire a lawyer to do this for you. 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 Child Custody, Domestic Violence and Family Law for California on
Q: kids live with me for 10 yrs never returned from visit 6months dad file custody wht county has jurisdiction no order

I dropped the kids off on Christmas EveJanuary 5th 2016 I call the kid's dad to let him know on my way to pick the kids up he said no your not your not taking the kids I just register them into School he stated that a Sacramento County judge gave him legal custody back in March of 2010 The... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

You can file for child custody rights and/or visitation in the court that issued related decisions. The longer you wait to see your children, the more evidence your ex has to support his custody rights over the kids. More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Public Benefits for California on
Q: Can a federally funded agency receive police reports & records without consent from subject?

A federally funded agency terminated my housing assistance based on criminal activity. The agency received reports of domestic violence related incidents from a district attorney investigator and police personnel as well as a report regarding a cell phone without me signing forms consenting to the... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

Police reports are public documents over which there are no privacy rights vested in the subject of the reports. 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,... View More

1 Answer | Asked in Domestic Violence and Immigration Law for California on
Q: Would i be able to fix my spouse papers if i have a misdeamnor domestic violence from a problem we had before?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

What does "fix" mean? 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... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: I have been married for 24 years and left about 3 years due to physical and mentsl abuse. Can I get spousal support?

I have been with him for 34 years I am unemployed and he keeps locking and throwing me out of our home which I am on the deed. i came home because i wanted to see if we could go to counsling but he refuses and his anger is worse i have been homeless for the last 2 years he brings me back ti throw... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

You may seek self-help resources at your local law library or online at courts.ca.gov. 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 am 17, would I be able to get a restraining order against my dad?

I currently live with my grandparents and my father David I guess you can say lives here (mainly just spends the night). He started using drugs again about a year ago and ever since then we haven't talked. He currently has custody over me but he has not done one single thing to help me in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

You can report this to Child Protective Services and to the police. You can hire a lawyer to file for a restraining order for you, or perhaps CPS may do so. You may also file a petition for emancipation. More details are necessary to provide a professional analysis of your issue. The best first... View More

1 Answer | Asked in Divorce and Domestic Violence for California on
Q: I have a domestic violence restraining order against him. Will this speed up my divorce?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 14, 2017

Not necessarily. By having an additional matter in your divorce, this may lengthen the process, especially if he disputes the 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. You can read... View More

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