You should not post any potentially incriminating statements on public forums. Please talk to a criminal defense attorney in a confidential setting. I certainly gave some other thoughts for you as well as questions.

How does NY play in to this scenario? If you and your parents are in NY and this abuse occurred in NY, then you need to post this in the NY forum, not the California one.

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answered on Oct 25, 2016

In the event you are unable to obtain an attorney and timely respond to the allegations in the restraining order, you may ask the court for a brief continuance.

Get a domestic violence restraining order. Go to the new family court house at 201 North 1st Street in San Jose and find the DVRO self-help desk and begin the process.

If the assault is the same incident for which she was already arrested and the case was dismissed, then no as that incident has already been adjudicated. If the assault is a new separate incident, then perhaps. Call the police and have them investigate. Their report may get forwarded to the DA who... View More

If you are facing criminal charges and are indigent, you can request a public defender. If you are involved in civil litigation, like a divorce, and cannot afford counsel, you should contact your local legal aid society.

Seek a restraining order or orders against the family members as well. Hopefully you have been documenting the harassment from the family.

Finding a pro bono lawyer is difficult generally. Family law lawyers are in high demand and, thus, none of them want to work for free. Consider coming up with at least some money, even if it is not what the lawyer's normal rate is. You'll stand out from the crowd and hopefully get more... View More

Are you the one seeking the restraining order? If so, you can try a judicial council form DV-115 (google that) and ask for a new date. Depending on how far out your hearing currently is, it may be easier if you just arrange to have someone else take the children to school on the day your hearing is... View More

Go through with the eviction or, if you've been abused, get a Domestic Violence Restraining Order and have her move out within a few days.

Not really. A criminal DV charge is something the district attorney controls. The victim can't just up and say 'I want to drop the charges' and have the case go away.

Be cooperative with your GF's lawyer and help them present a good defense. Your cooperation will... View More

You may be able to go to the courthouse and look it up at the clerk's office. You may not be able to view the file, but you may be able to find out if a case exists.

There is no guarantee of anything so it is possible the dad may argue this is a custody ploy by the mom. However, the alternative is to basically let your gf continue to be abused. There's a variety of options here -- calling the cops, seeking a restraining order, pursuing a criminal case,... View More

The answer is probably not (i.e. he cannot run off with the kids), but the precise details are going to be complicated if for no other reason than you have Utah and California in the picture. At the end of the day, you need a court order stating that you have full physical custody of the kids and... View More

First, understand that if the person you want to sue has no significant amount of money, suing them means you spend money and get a piece of paper saying they owe you that you will never collect on. Second if you want to sue her you will have to pay an attorney by the hour to do so. This usually... View More

You can try but they don't have to take it. Talk to your attorney who you had when you plead.

It depends on several other factors, you should really consider getting yourself an immigration attorney to get your husband out with a bond. We have helped several immigrants get an ICE bond and residency in the U.S. If you would like a free consultation feel free to contact my office... View More

From the way you have worded your question, it sounds as if you are a friend or family member. You are describing a very dangerous situation. If a minor child is at risk, you may want to encourage the mother or adult child to reach out to either the police or Children's Protectve Service.... View More

Your question is unclear. If family court gets jurisdiction because someone has appeared in court, the court may have jurisdiction for that case or hearing. Usually due process issues have to be raised by a party immediately. Could you provide more details, please.

Was there a trial in Ohio? If the Ohio Courts have already held a trial and entered custody orders, unfortunately the California Courts are bound by that order or judgment. It is very difficult get California even to accept jurisdiction if there is still a case pending elsewhere. Your local... View More