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California Domestic Violence Questions & Answers
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

1 Answer | Asked in Domestic Violence for California on
Q: If I had a domestic violence case put on me and I get out of jail I go home the accusers their what happens.
Joseph Torri
Joseph Torri
answered on Feb 13, 2017

You would probably be arrested if the police are called and there is a restraining order. More facts are required to provide a thorough analysis.

1 Answer | Asked in Domestic Violence for California on
Q: How can I speed up a court date being the victim. Also can I represent myself in court without having a lawyer?

I am not trying to win the case , in fact I want to defend my brother help him.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 13, 2017

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 website. I practice law in... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have a restraining order against my ex gf, will I get arrested calling the cops on her violation if she claims I hit h
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

If there is probable cause to arrest you, then you might get arrested. 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 there any extra paperwork that has to be filed besides the normal EA - 100 " request for restraining order" ?

Im referring to extra paperwork because of my sons name being on the house title. For item 13 (in the restraining request) when asking for the move out order to be granted you are also agreeing at the same time that the abusers name is not on the house title. So how does that work ?

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Court forms are available online at courts.ca.gov. Self-help resources are available at your local law library. 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 Elder Law for California on
Q: Can I (68 yrs) get a restraining order against my son who lives with me after I added his name to the title of my house

To begin with I went to a paralegal some years ago intending to leave my house to my son after my passing. But recently, I came to find out, that his name was added to the title of ownership instead. The paralegal whom I went with then for assistance is no longer around. At that time my son was a... View More

Sergio H. Benavides
Sergio H. Benavides
answered on Feb 11, 2017

You can absolutely get a restraining order against your son. But you should know, if it is granted. you might be making your son homeless. If you get a stay away order, then your son won't be able to live in his own home--it happens all the time with domestic violence criminal protective orders.

1 Answer | Asked in Domestic Violence for California on
Q: Attempting to get my girlfriend out of the apartment, but if I say something she threatens me.. more details below.

Is there a way that I can get her out and give a restraining order? If I ask her to leave, she threatens to throw the cats out and break my stuff on the way out. Or, threatens to go to the police to state that I have either abused her or raped her. She's also threatened to come to my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

A restraining order seems appropriate. You may want to document such occurrences in writing. A good lawyer is a great start. 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 Family Law, Child Custody and Domestic Violence for California on
Q: is it possible to appear or ask for continuous by phone in California in a tro hearing ?

I filed a tro and my x did also same time I put my child on it that is not his he also tried to put my child on his my was fully granted his was only granted toward me we had a court date on Aug 26 where we both appeared i asked for continuous it was granted for September 16 on this day I called i... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

If timely, you can appeal the custody order with evidence of your sickness if the court date you missed was when the custody order was granted. 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 for California on
Q: Can I still put criminal charges against my abuser even when time has passed since the last time He beat me up??

I have witness and are willing to testify what they saw and heard

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 9, 2017

Report the matter to the police for possible criminal investigations. As for a tort case, 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...
View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I need help with domestic and financial abuse of an elderly parent by a male son-40. He says he will kill relatives,self
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can report this abuse to the police. You may need to also file for a conservatorship for the elderly parent. 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 for California on
Q: If I get a restraining order (civil) against my wife's boyfriend, how do I ensure it is not violated?

The boyfriend was observed manhandling my young son in public, he is ordered to remain 100 yards from my children.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

You can speak with your child and/or hire a therapist for him to see how he is faring. 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: me and about 3 or more girls were abused by the same guy. we all called the cops and hes still not in trouble.

me and about 3 or more girls were abused by the same guy. we all called the cops and they said that we did it to ourselves, hes never been locked up for this. but hes had girls call about domestic violence on him and nothing is happening to him hes stabbed girls choked gave me a miscarriage. so my... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You can complain about the police's failure to investigate the case by filing a citizen's complaint with the PD. A violation of a restraining order is itself a misdemeanor which the police should investigate too. You can file for a restraining order against the man, contact the DA's... View More

1 Answer | Asked in Domestic Violence and Juvenile Law for California on
Q: My ex boyfriend punched me multiple times and stopped until he saw blood. How long is he staying in juvie?

My boyfriend was on probation since 8th grade. He punched me because I didn't want to talk to him since we were in a argument.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You should report this to the police and file for a restraining order. You may need therapy to deal with this level of abuse that you've experienced and your acquiescent attitude about it. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: An ex friend of mine has threatened to kick my ass and shes 18 , I'm 16, can she face legal charges if she happens to?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

That sounds like assault (i.e., threat of battery). 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 website. I practice law in CA, NY, MA, and DC in the... View More

1 Answer | Asked in Domestic Violence for California on
Q: My girlfriend reported me for domestic violence. If I go to the police department for the report will I be arrested?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 31, 2017

Possibly. 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 website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My sister had to move from Arizona to California to due domestic violence What can she do for child custody?

She filed an order of protection in AZ how would it go about filling for child custody here in California?shes not married and he stayed living over there as well.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

She can file for divorce and child custody in CA if she is a CA resident. She can use self-help resources at the local law library or available online at courts.ca.gov. 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: What happens if I have contact with the person I filed a restraining order on?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 25, 2017

If you try to bring a motion for contempt of the order against that person in the future, he/she may be able to use your efforts at contact to undermine your allegations. 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 Real Estate Law for California on
Q: A spouse is trying to get a kick out order on me. I own the property. She vacated can I come back?

I have lived in the house since the early 90s and she has only lived in it for 6 years. I just need to know if I can come back since she vacated the property a few days ago.

Joseph Torri
Joseph Torri
answered on Jan 21, 2017

If there is a domestic violence restraining order against you, it is unlikely that you can go back to the house, at least temporarily, if there was a kick out order. Also, property is presumed to be community property until a final determination is made. If community payments were made on the... View More

3 Answers | Asked in Family Law and Domestic Violence for California on
Q: found out that I'm not legally married to wife. Will judge still give me visitation or sole custody of child

I'm the one that takes care of his needs,cook bathe enteract while wife sits in bedroom leaves long period of time or sleeps all day cause being out all night

Brian Lehman
Brian Lehman
answered on Jan 19, 2017

You put this under domestic violence as well. If there are allegations that could be made of domestic violence, you should get a lawyer immediately because that person will know how to best present your case.

To answer your question, assuming that you have a child together, the standard...
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