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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: I have a double domestic violence case open where both of us are being charged with domestic violence can still see her

While im out on bail or should i stay away we live together

Joseph Torri
Joseph Torri
answered on Jan 15, 2017

It is likely that there are protective orders in place pending litigation. Therefore, staying away is probably a good idea. More facts are required to provide a thorough analysis, but posting detailed facts on a public forum is not a good idea in case statements, etc can be traced back to you.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: My sister, 18 hit my little sister, 10. She was arrested and my little sister was taken away. What's going to happen?

The police said a social worker would come by and that was it. Didn't give anymore information.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

Nobody can give you a prediction. The social worker would investigate the case and make a referral to the necessary party, if applicable. There may be criminal or CPS ramifications. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: How to get a not contact order lifted?

I have full custody of my child. Father signed over rights. He found out my boyfriend father of my second child we had a previous domestic violence case in a diffrent County. He requested a no contact order between the child we have commen with my boyfriend he won. What can I do to now when I go... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 13, 2017

To appeal an order, you have to file an appeal within a limited amount of time. You have to prove a basis for the appeal. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any... View More

1 Answer | Asked in Domestic Violence for California on
Q: risk of prosecution if one fails to attend court to give evidence against partner charged with domestic violence?

My friend and her partner have concocted a plan thing if she fails to show up at crown court to give evidence against him, the case will be dropped and it's 'happy ever after'. He faces charge of ABH after attacking her using a weapon, and causing head injuries. Hospital staff... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 8, 2017

What is Crown Court? Your question if filed in the CA Q&A section. Perhaps you meant to file this question elsewhere? In CA, the police file criminal charges, and they can use witness testimony and subpoena hostile witnesses. The best first step is an Initial Consultation with an Attorney. You... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: They took my kids away for calling the police For domestic violence I have court tomorrow how can I get my kids

I have court tomorrow and I volunteer to get a restraining order on him and got a doctor note that I have able to watch my kids because I got surgery 2 months ago and he said I can't watch them I try to enroll in classes said I can't need court form any advice how to get my kids back ?

Joseph Torri
Joseph Torri
answered on Jan 8, 2017

Attorneys will need more information to answer this question since more facts significantly help attorneys answer questions. One fact could change the entire analysis. Here, it sounds like you were the victim of domestic violence. I'm speculating that the Department of Social Services is... View More

1 Answer | Asked in Domestic Violence for California on
Q: A domestic dispute occurs both were injured but neither wanted to press charges yet the female got arrested

In California, a domestic dispute occurs between a boyfriend and girlfriend living together and the cops are called by a neighbor. Both the female and male had injuries (female had red marks on butt and bruise on arm and male had scratch marks all over) both did not want to press charges however... View More

Joseph Torri
Joseph Torri
answered on Jan 6, 2017

Unlikely the police will face misconduct or negligence charges since this occurs all of the time and there are some government immunity protections they have (but not all). The police generally arrest somebody when they come out to a scene and see alleged domestic violence. Neighbors call the cops... View More

1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: Can I write a letter to the judge with proof on why I dont feel my child is safe with his father BEFORE we have court

I have proof of my sons fathers anger as far as recordings, letters from witnesses, & pictures of abuse and I would like the judge to see them before we have court.

Joseph Torri
Joseph Torri
answered on Jan 6, 2017

Although you have been to court by now, filing a declaration with the court and serving the parties is the way a person can communicate to the court. Attach exhibits to support any evidence in case you have future court dates.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Can my sons dad is keep my son from me because he does not want my son around my boyfriend of 4 years?

Sons dad has filed paperwork to take me to court for Custody

My boyfriend and I have lived together off and on for 2 years and currently reside together.

My ex and I have been separated for 6 years.

My boyfriend and I have had a rocky relationship at times and there has been... View More

Joseph Torri
Joseph Torri
answered on Jan 6, 2017

The court does not want children to be around domestic violence abuse. There is a possibility that custody could be limited if he has enough evidence to prove his case. The facts need to be explored more thoroughly, but he may have difficulty proving his case based on what has been said in the... View More

1 Answer | Asked in Domestic Violence, Divorce and Family Law for California on
Q: Do a wife have the right to call a restraining order against husband for sleeping in marital bed with her?

I have filed for divorce and both names are on lease of rental. But i been sleeping on the couch and i can only sleep in bed if she is at work but if she is sleeping i cant come to the bed. Now we not doing intimacy or even touching but she feels at this point we r separated and i am invading her... View More

Joseph Torri
Joseph Torri
answered on Jan 5, 2017

This is a delicate situation. If she doesn't want you in the bed with her, you may want to avoid conflict and take the couch. Although the bed is a community property asset, your wife could make up an allegation and possibly obtain a restraining order. Although there is a possibility of a... View More

1 Answer | Asked in Domestic Violence and Child Custody for California on
Q: I'm going to family court on restraing order child custody I been arrested before on domestic m child endangerment

I did class in it got dropped so canthe family court still find me domestic still in can I get physical custody of my child

Joseph Torri
Joseph Torri
answered on Jan 5, 2017

Although I see this question was asked a while ago, a parent can still get custody of a child with domestic violence on the record. It may take some time to get a lot of custody and each case is unique with specific facts. Consult with a local family law attorney for more guidance.

1 Answer | Asked in Domestic Violence for California on
Q: How many days can go by before I can't report domestic violence
Joseph Torri
Joseph Torri
answered on Jan 5, 2017

As each day goes by, the reporting period gets weaker. Some people have not reported right away, and a case can still be made. The facts and evidence of a case are specific and need to be analyzed. Sometimes reporting violence is important and seeing what happens will have to be the way it goes.

1 Answer | Asked in Domestic Violence for California on
Q: Boyfriend falsely accuses me of hacking his phone and all accounts. No proof and I'm not doing any sort of thing

I ALREADY KNOW I NEED TO REMOVE MYSELF FROM THIS SITUATION BUT FOR SELF CLEARANCE PLEASE GIVE ME ADVICE: Boyfriend falsely accuses me of hacking his phone and all accounts. Going on almost 3 years now of this. I've done nothing of anything he claims. I've thought he was the one guilty... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 29, 2016

If he is defaming your character by making such derogatory statements to others against you, alleging essentially that you're acting illegally by hacking into his accounts, you might have a case to file an action in civil court for liable and/or slander. The best first step is an Initial... View More

1 Answer | Asked in Family Law, Juvenile Law and Domestic Violence for California on
Q: What are the consequences if a 16 year old boy has been trying to hit his 21 year old sister?

The boy and the girl live under the same roof, ownership of their father. The boy is always trying to fuel problems with his sister trying to start a fight. The sister doesn't want any problems for the fact that he's a minor. Whats the consequences if she defense herself by hitting back,... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 14, 2016

It sounds like the teen is assaulting and battering the woman, which is a crime. This can be reported to the police. Self-defense to protect oneself is not without its limitations. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: Dad hit mom on right side of neck which she currently injured from work made pain worse and cops just gave him a ticket?

He got caught cheating so mom confronted him and he got offensive and aggressive and hit my mom on neck so my mom slapped him and told him don't hit me anymore as he tried to hit her again but I (son) got in and he brushed me with his finger tips and I hit him on the eye brow and cheek bone (... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 13, 2016

You can contact the police to report the crime. Your mom can file for a restraining order and for divorce and child custody rights. Your mom can sue the abuser for civil damages for the civil assault and battery as well. The best first step is an Initial Consultation with an Attorney. You can read... View More

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for California on
Q: Am I allowed to video and audio record during a drop/pickup of my child If I have a restraint order placed on me?

The mother of my son has lied and made false accusations. A restraining order was implemented. We do drop off and pick up for my son and I'd like to record for my own protection. Do I have that right? The order states I cannot surveillance her but can I monitor her public social media for... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

You cannot record somebody without their knowledge. If there's a restraining order, make sure you comply with it. If the other party lied about you for custody rights, you may want to file a motion to sanction the other party and seek custody modification. The best first step is an Initial... View More

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: paternal grandma has guardianship of my kids there father who abused me may be abusing them can i remove guardianship

My kids paternal grandmother has guardianship her son /father who abused me violently my be abuse my kids what can I do

Can I get them out of that home immediately. ...

I filled 388 but attorney recommended mediation instead but the Guardian has not kept agreement at all how do I go... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 10, 2016

If you have any real evidence, you can report the matter to CPS; and you can file for child custody in Court. Make sure your suspicions are not motivated by negative motivations and are actually evidenced, lest you make false reports. The best first step is an Initial Consultation with an Attorney.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I would like to know what's the actual time he will be serving or what is his release date thank you

Hi there my boyfriend is currently in jail he got sentence 2 years and a half with 30% in State Prison for a domestic violence case with the old partner he has done 4 months in county by now  I am pregnant right now with his child and would like to know when will he be released or how much time... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 9, 2016

Contact his attorney to ask these questions. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client... View More

1 Answer | Asked in Domestic Violence for California on
Q: How can you remove or lift a restraining order?

There is a RO in effect, the protected person continues to harrass me and uses the RO against me. She is not using for protection but instead using it to try and get me to violate the RO. She continues to show up at places knowing that I'm going to be there for example, my son's soccer... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

You can file a restraining order against the person who has a restraining order against you. Is custody also an issue? The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My kids paternal grandmother has guardianship her son /father who abused me violently my be abuse my kids what can I do

Can I get them out of that home immediately. ...

I filled 388 but attorney recommended mediation instead but the Guardian has not kept agreement at all how do I go about making sure my kids are safely returned to me

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 7, 2016

You can file for custody. Local law libraries have resources and forms, and family courts often have free family law facilitators to help you fill out the forms. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does... View More

1 Answer | Asked in Animal / Dog Law and Domestic Violence for California on
Q: My wife filed a false retaining order against me and then got rid of my dogs while living at the house.

I'm not allowed to go near her or call her or do anything. What if anything can I do.

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 6, 2016

You can challenge the basis for the restraining order in your response and at the hearing; and you can file a motion for sanctions if she's intentionally made false assertions against you in her filings. Filing false statements can be grounds for a criminal charge of perjury as well; and this... View More

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