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California Domestic Violence Questions & Answers
1 Answer | Asked in Juvenile Law, Criminal Law and Domestic Violence for California on
Q: If a 14 year old girl gets into a fist fight with her 48 year old mom what are the consequences.

The 14 year old doesn't have any bruises but the mom was scrapped by nails on arm. But mom did bang the girls head into the house wall multiple times. Would either of them go to jail

Susan G. Cohen
Susan G. Cohen
answered on Jul 1, 2016

The 14 year old child would be subject to Juvenile Court Jurisdiction. Juvenile Court has discretion about how to deal with the child. The mother is an adult. Given the level of force you describe, it is likely that the local District Attorney might bring serious charges against the mother.... View More

1 Answer | Asked in Domestic Violence for California on
Q: I have a DV order that I am in process of having lifted and I was arrested, can she go with me to court?

I was arrested after an officer brought her to our mutual home as I was leaving and arrested me for the violation. I have court tomorrow and wanted to know if it would benefit me to have here there to say that she is trying to lift the RO.

Gina Marie Famularo
Gina Marie Famularo
answered on Jan 18, 2016

Yes it would, but if you were arrested, there may be a restraining order against you and speaking to your wife may be a violation!

1 Answer | Asked in Domestic Violence for California on
Q: How do we get rid of a so-called son-in-law who bullies us (my wife and I) constantly?

He bullies us for any tiniest incident and makes it into a major argument whereby he gets up into our faces (6 inches or closer) and starts to yell. My wife and I (I'm 78 and my 72) are afraid he will do something physical because he has beat his wife (my daughter) in the past. He wants us... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Jan 18, 2016

This sounds like elder abuse. You need to get an attorney as soon as possible to protect you. Get a restraining order. If your son-in-law is living with you (and it sounds like he is), you can kick him out in a day or two. Please do not try to do this on your own. The situation sounds volatile.... View More

1 Answer | Asked in Domestic Violence for California on
Q: My boyfriend is in jail for domestic violence and he has priors. Will he do prison time?
Gina Marie Famularo
Gina Marie Famularo
answered on Jan 18, 2016

He could. It probably depends more on if he is on parole. If he is, it will be a violation. If no, they will likely have him spend a few days in jail and place him on probation.

1 Answer | Asked in Domestic Violence for California on
Q: I was falsely acuse of DV. Went to court and judge order that every Sunday i meet up with mother at public place to take

my son for the day but the mother never showed up and turns out that she saids she left to Mexico. I'm a resident but my girlfriend and son aren't. What can i do.I also has a restraining order to not get near her.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 25, 2015

Hire an attorney?

1 Answer | Asked in Domestic Violence for California on
Q: My boyfriend hit me 2 month ago, I have picture and scares and therapist statement. is too late to report it and proof i
Barry L. Adams
Barry L. Adams
answered on Oct 16, 2015

No, you can and should report this.

1 Answer | Asked in Domestic Violence for California on
Q: I got charged for domestic violence but I wasn't the attacker. What can I do to fix this?

My boyfriend and I were living together where there were numerous roommates. We got into an argument and I was attacked. When the police came, they arrested me but I was the victim. What can I do?

Andy Chen
Andy Chen
answered on Oct 9, 2015

You have to defend yourself in the DV case and prove somehow that you didn't commit DV. If there were other roommates there, maybe they can be witnesses.

Andy

1 Answer | Asked in Domestic Violence for California on
Q: How can i get peaceful contact with my husband if a restraining order was placed by a judge???

The Court Ordered a 3yr restraining order so we cant see each other but how does that work if we are married have kids and is the only provider an is also talking DV classes???

Andy Chen
Andy Chen
answered on Oct 9, 2015

You can ask the judge to modify the restraining order to allow for some kind of peaceful contact. How this will be done depends on the facts of your case. I usually see this done at a secure location, like a police station. You'll likely need to have some good reason to want to see your... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I file charges against my spouse for stabbing me,after I was arrested for D.V..

To protect my wife from arrest I lied and said I fell through the ceiling. To cover herself she said "she was in fear of her life so she stabbed me". She becomes violent and starts hitting and throwing things in anger knowing I won't touch her. She had no marks or injury to show.... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 27, 2015

Can you make this question any more confusing? You ask if you can file charges for your wife stabbing you and then you say that nothing could have transpired that would result in stabbing. I don't get it. You do not file charges, the prosecutor does based upon facts that the cops give them,... View More

1 Answer | Asked in Domestic Violence for California on
Q: If my wife hits me

I am a male and my wife hit me first. With this being her 3rd time committing adultery, when she hit me, my first natural reaction was to hit her back. I didnt continually beat her, just one hit the same way she hit me. I know its never ok and it was the first time ever; Ive never even been in a... View More

Andy Chen
Andy Chen
answered on Sep 20, 2015

No, you have the right to defend yourself like anyone does. However, cops can get tunnel vision and go on autopilot when they deal with DV. Most DV aggressors are men and the cops often will arrest the man by default. You'd have a better chance fighting this in the courts than with the cops.... View More

1 Answer | Asked in Domestic Violence for California on
Q: Hi, I have a domestic violence charge in CA. Can my wife purchase a firearm with me living under the same roof?

This was 20 plus year ago, and I was told that under the Deferred Judgment and Sentence, that if I completed one year of anger management classes that this charge would disappear from my record. I did complete the year, and I was wondering if this would allow me my right to bear arms? Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2015

Are you asking if your WIFE can purchase and possess a firearm? Yes, assuming she is not somehow legally disqualified, and she obtains a permit if required.

Or are you asking about YOUR right to possess a firearm? It appears that this was not a felony conviction, and it was deferred in...
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1 Answer | Asked in Domestic Violence for California on
Q: My friends boyfriend has hit her in front of her kids and hasn't made a report. And has tried taking the kids.

I have a friend who her boyfriend has hit her many times and in front of her kids at times she says he becomes violent

And has tried to take away the kids from her.. but she has never called the cops I'm not sure why. Is it never to late too make a report even if it happened weeks ago..

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

She can still call the police.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Domestic Violence for California on
Q: My husband and I got into a got into a agreement but I'm pregnant and he chocked me this is the 2nd time of DV

I ended up in the hospital because my baby and myself were in risk cops made me press charges so I did cops got him Monday night and he got out the next day around 3pm because of a bails bond. Now he has court Friday the 19 can he go back to jail when he goes to court? This is the second time DV... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 6, 2015

It actually depends on the Judge and how much money your husband has, Even if the judge sentences him to a 3 year jail if he has enough money to get a bail, he will be out. Hopefully everything works out well for you.

"15 years of successful immigration law experience. The answer...
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1 Answer | Asked in Domestic Violence for California on
Q: WHAT ARE THE CHANCES OF MY BOYFRIEND GETTING OUT OF JAIL?? PLEASE HELP!!!

Okay so a couple a days ago my boyfriend was arrested because we had got into a argument, and I called the police. I told them he grabbed my wrist and thru a rock at my car window which now has cracks in it. I called because I was mad about the window. Didn't know they were going to take him... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 6, 2015

You can withdraw your complaint. But now I guess its too late, hopefully everything worked out well for you.

All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough...
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1 Answer | Asked in Domestic Violence for California on
Q: Am I able to sue my ex fiance for punching me in the face, unprvpovoked, while staying with his parents in their home

Occurred in early may in California. He came to the room I stay in and became aggressive toward me yelling and pushed me into his mothers antique dresser twice then began to turn to walk away(I thought) then turned around and punched me in with his right fist hitting me on my left check. I went... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 6, 2015

You can file a complaint against your fiance. If you are an immigrant you can use this to get an U Visa which will eventually lead to getting a green card after three years. Talk to immigration attorney and being the process as soon as possible.

Shan Potts - Immigration Attorney....
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1 Answer | Asked in Domestic Violence for California on
Q: Can i still visit my boyfriend and talk to him while he is in jail even after the police put a restraining order?
Shan Dimitris Potts
Shan Dimitris Potts
answered on Jul 6, 2015

If the restraining order is for your boyfriend to be remain restrained from you, it is really not a good idea to visit him. If you really need to talk your boyfriend, have someone deliver your message or hire an attorney who will do it for you. Good Luck.

www.pottsmartinez.com...
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1 Answer | Asked in Domestic Violence for California on
Q: can i file a police report online for my ex punching me in my face?

He chipped my front tooth and he needs to be held responsible for dental bills

Mr. Robin Mashal
Mr. Robin Mashal
answered on Mar 23, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you have been the victim of a crime, drive to your local law enforcement office and file your police report. The police will not pursue your monetary damages for you. To recover...
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1 Answer | Asked in Domestic Violence for California on
Q: do i get papers served to me when i get a restraining order put on me?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 14, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If the order is against you, then a copy of the order should be served on you. Did you appear at the court hearing? If so, copies of the order and relevant forms will likely be...
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1 Answer | Asked in Domestic Violence for California on
Q: I recieved a misdemeanor D.V in 2004. I never cfinished D.V class due to financial hardship.what will happen?

After 10 years and Havent got in any trouble with law.Is there a statue of limitation on this class?

Diana W. Aizman
Diana W. Aizman
answered on Mar 20, 2014

It depends. Did you ever go back to court? If there is a warrant out for your arrest, you will need to first clear that warrant. You will then need to convince a Judge that you are now prepared to finish the classes. This will constitute a violation of your probation. You need to hire an... View More

1 Answer | Asked in Domestic Violence for California on
Q: I plead guilty to misdemeanor domestic violence without any legal consultation offered by the judge can I withdraw it?
David A. Brooks
David A. Brooks
answered on Feb 26, 2014

If that is true, probably so. Guilty pleas having to be "knowing and intelligent", and involve an advisement of basic rights.

However "mass advisements" of rights counts, where the whole room is advised. Video advisements count. A Court Reporter's transcript would...
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