Get free answers to your Domestic Violence legal questions from lawyers in your area.
My six-year-old son told me this week that his father had pulled him down from his top bunkbed and he fell on head/back on hard floor, then father punched him in chest and slapped him while using profanity toward him. I filed with CPS. His father has an extensive DV background with me, and one... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Under California law, the safety and well-being of your child is of utmost importance. If you have genuine concerns about your child's safety due to alleged abuse, you have the right to take steps to protect them. However, withholding visitation can be legally complex, especially if there is a... View More
answered on Jan 16, 2024
Domestic violence comes in all shapes and sizes. Persistent harassing phone calls, text message and emails can form the basis for a request for a restraining order - depending on the circumstances unique to your case. His failure to help out financially however, is not something you can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2024
Under California law, obtaining a restraining order due to verbal harassment and issues related to financial support can be complex. It's important to understand that restraining orders are primarily designed to protect individuals from physical harm or credible threats of violence.... View More
answered on Jan 16, 2024
Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long... View More
6 months and no Discovery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
Under California law, if your child has been taken by the government under questionable circumstances, it's important to take immediate action. First, request a copy of the court order or the paperwork that led to the removal of your child. This documentation will outline the reasons for the... View More
Sept19,2020 real date of accidental fall,filth district stated March 18,2021 Changed date of there made up incident to forced me to do a 300 b and terminated my parental rights sue to appointed council waiving them without me there he violated my family rights
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
In California, if a parent believes their rights have been wrongly terminated, they can appeal the decision. This process involves challenging the original ruling in a higher court. It's crucial to act swiftly, as there are strict time limits for filing an appeal.
During the appeal,... View More
Was served a few weeks ago hearing is at the end of the month. We are in mediation settling afraid my written response might anger, as he's very abusive. Also the restraining order I was served says Denied on it. Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024
In California, if you have been served with a domestic violence restraining order, it is generally recommended to respond in writing, especially if you wish to contest the order. This response is your opportunity to present your side of the story and any evidence or arguments you have against the... View More
He lied on every page of the restraining order and i don’t have the money for an attorney, what are the chances he’ll get away with it? Can he get in legal trouble for doing this? He’s a licensed therapist. How do i fight this if low income and homeless but can’t get help from any free... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
Facing a false domestic violence restraining order is a serious and challenging situation, especially when resources are limited. It's important to understand that even though you're currently unable to afford an attorney, you still have options to defend yourself. In California, there... View More
I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the... View More
Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
Under California law, if you have a restraining order against you, it's critical to understand its specific terms and conditions. Generally, a restraining order prohibits contact with the person who sought the order, which in this case is your ex-husband.
However, the order may also... View More
She’s is the one who lied and called the cops on me the day of my arrest.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
In a California domestic violence court case, the presence of your spouse at a pre-trial hearing can have significant implications. It's crucial to remember that each case is unique, and the impact of your spouse's attendance can vary based on the specifics of your situation.
If... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
The actual time served for a 180-day jail sentence in LA County for domestic violence can vary based on several factors. Generally, in California, inmates may serve a portion of their sentence due to overcrowding and good behavior credits. However, the specific amount of time served can be... View More
Operator kept telling me to hand phone to abuser who would of threw it out the window. When I pretended to hang up 911 call and abuser calmed down. 911 operator said my name resulting in extreme anger from abuser who threatened to kill me and then himself.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023
In California, suing a 911 operator for negligence is a complex matter due to the immunities and protections often afforded to emergency dispatchers and public entities. However, under certain circumstances, there may be a viable claim if you can prove that the operator's actions were beyond... View More
His parents own the place but do not reside there. They've been threatening to evict me. I am away for the holidays as worried he might lock me out. My things are at his place. What could I do to defend myself if this happens? Can I demand to get back in?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023
In California, if you have been living in a house for an extended period, like the 7 months you mentioned, you have established residency there, even if you haven't been paying rent. This means you have certain rights.
If your ex locks you out, this could be considered an illegal... View More
For child custody parental determination
answered on Dec 14, 2023
If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023
If you are facing difficulties affording domestic violence classes in California, there are several steps you can take. First, consider reaching out to local domestic violence organizations or shelters. These organizations often have resources or can direct you to low-cost or free programs. They... View More
As the victim who wants the charges dismissed, what steps should I take in making this go away for the defendant? He was taken in on PC 148(a) (1), PC 273.5(a), PC 136.1(a)(1), and PC 212.5. I never contacted the authorities nor expressed that I wanted any charges filed, they walked up on the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023
In cases of domestic violence, the decision to press charges often rests with the state, not the victim. This means that even if you, as the victim, do not wish to pursue charges, the authorities may still decide to proceed based on the evidence and the nature of the allegations.
If you... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023
As a witness in a restraining order case in California, you can expect to be asked questions about your knowledge of the events and interactions between the parties involved. The questions will be aimed at establishing the facts and circumstances that led to the request for the restraining order.... View More
The defendant has been held to answer on 21 charges of domestic violence, 13 of those are felonies.
The victim gave testimony for 6 hours during the prelim. If the victim is unavailable to testify in court at the trial will the prior testimony given during the prelim by used in lieu.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
In California, the use of a domestic violence victim's testimony from a preliminary hearing at trial, when the victim is unavailable to testify, depends on specific legal criteria. Generally, the Sixth Amendment's Confrontation Clause guarantees a defendant's right to confront... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
