Get free answers to your Domestic Violence legal questions from lawyers in your area.
A year ago my daughter's dad and I were in a altercation. He had way too much to drink and lost control. Yelled a lot of hurtful things at me. I couldn't take it anymore and out of anger slapped him across the face. That was a mistake. His reaction was to hit me right back and force the... View More 
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answered on Nov 26, 2023
In California, if you change your testimony during a domestic violence case, it could have significant legal implications. First, it's crucial to understand that providing false information to the police, especially in a domestic violence investigation, can lead to charges of filing a false... View More
My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get bail bonds so she... View More
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answered on Nov 24, 2023
The role of a bail bonds company is to provide a surety bond, which allows a defendant to be released from jail before their court date. In your sister's case, the bail was set at $50,000, and typically, a bail bonds company charges around 10% of the bail amount as a non-refundable fee. So, a... View More
Hello!
My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get... View More
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answered on Nov 24, 2023
I'm sorry to hear about the situation with your sister. It's important to note that the bond amount for domestic violence charges can vary widely depending on several factors, including the severity of the charges, the jurisdiction, and the individual's criminal history. Since your... View More
Hello!
My sister was picked up by the Lodi police last night after she called 911 due to domestic conflict. When the police came, she was apparently found intoxicated with alcohol and her husband had “scratches” on his neck so my sister had to be taken in to jail. We were able to get... View More
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answered on Nov 24, 2023
Under California law, the bond for domestic violence charges varies based on factors like the severity of the allegations, prior history, and local jurisdictional guidelines. It's essential to understand that even if her husband isn't pressing charges, the state can still pursue the case.... View More
they have not spoken with me in months and ive been told to just move on but the thing is if I do that and then they decide to come back and im with someone else, then id be considered cheating? even though its been moths, so id want an official statement or something
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answered on Nov 17, 2023
In California, there isn't a specific court procedure to compel a domestic partner to respond to a notice about the status of your relationship. If you're concerned about the implications of moving on, it's important to understand that being in a domestic partnership or a similar... View More
Spouse arrested for domestic violence along with a felony vandalism
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answered on Nov 9, 2023
Under California law, you can request a restraining order against your spouse immediately following an arrest for domestic violence. There is no mandatory waiting period to apply for a restraining order in such cases. The courts prioritize these requests due to the urgent nature of the... View More
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
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answered on Nov 4, 2023
You should generally file a Request for Order in the county where your child's residency is established, as that court typically has jurisdiction over matters involving the child. If there are existing temporary orders, the filing might also take place in the court that issued those orders.... View More
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
answered on Nov 3, 2023
It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You... View More
The judge granted it..
The first order I was completely off guard. The judge granted it on "Escalating Anamosity "
How do I fight this one to see my grandchildren
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answered on Nov 3, 2023
In California, if a restraining order has been renewed or extended without your knowledge due to lack of service, you should consider filing a motion to dissolve or modify the restraining order, explaining the lack of service and presenting your case. Proper service is typically required for a... View More
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answered on Oct 29, 2023
In California, a parent wishing to change a child's name must obtain the consent of the other parent or provide legal notice of the proposed name change. If the other parent objects, the court will decide based on what is in the best interest of the child. Your stalking conviction, depending... View More
My ex wife is in jail for domestic violence but she didn’t show up to her court date and she hasn’t post bail what can happen to her? We have 3 kids I have temporary custody of them can she get custody back?
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answered on Oct 24, 2023
If your ex-wife missed her court date related to a domestic violence charge in California, the court may issue a bench warrant for her arrest. While she's incarcerated and has not posted bail, she remains subject to the consequences of her pending case. In family court, her current... View More
I left the petitioner, he moved out of my family home residence 5/5/2022. I made a big mistake transporting/aiding & abetting illegal aliens in a desperate attempt to make money. I was arrested for it on 4/14/23. I served a sentence of 5 months&a week (time served & released 9/18/23). I... View More
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answered on Oct 21, 2023
I'm truly sorry you're going through this difficult situation. To defend against false allegations in a DVRO hearing, consider the following steps:
1. Gather any evidence that can refute the claims made against you, such as text messages, emails, or any other forms of... View More
I also have considered walking around the house when she's here with my katana on my back in case you decides to attack me again but that's probably not okay is it?
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answered on Oct 14, 2023
I'm sorry to hear about your situation. In California, victims of assault can seek a civil restraining order against their assailant, which would prohibit them from coming near you or contacting you. This might provide some measure of protection without involving criminal charges. However,... View More
Filing a domestic violence, restraining order on me when I have not even seen this woman in over four years and have had absolutely no contact with her due to the fact that she either blocked me or changed her phone number at least a year ago! And what I am wondering is, can I get the whole order... View More
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answered on Oct 12, 2023
Under California law, while a restraining order typically arises from relationships defined by family, cohabitation, or intimate involvement, other types of restraining orders can be sought, such as civil harassment restraining orders, for broader categories of relationships. To obtain such an... View More
My ex-husband's spouse worked/works at that venue as a clerk. I have paid for a CD of my children's interview with the judge but received another full recording of another family court case. I contacted the courthouse and was told to return it and they will send me my copy. The judge has... View More
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answered on Oct 10, 2023
Generally, to change venue in a family law case, one would file a motion requesting the transfer, outlining the reasons for the request. Potential bias or impropriety, like a conflict of interest due to the employment of an ex-spouse at the venue, could be pertinent reasons. The mishandling of your... View More
The court told me if I say I’m guilty they give me one year clases for angry management or if not one year to jail with my record. They don’t have prueba that I’m guilty for violence domestic I wasn’t in the place when the violence occurred. The other person sue me after 5 weeks of the... View More
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answered on Oct 9, 2023
You are presumed innocent until proven guilty. The prosecution bears the burden of proving guilt beyond a reasonable doubt. While it's not uncommon for plea bargains to be offered, which might include reduced charges or lighter sentences in exchange for a guilty plea, you should never feel... View More
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against... View More
answered on Oct 3, 2023
You need a good lawyer to help you. I should tell you, however, that volleyball practice is never an acceptable alternative to meeting with the people who are deciding your fate regarding your children. My advice to you is not to rely on something like that as an excuse to miss an important meeting... View More
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against... View More
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answered on Oct 10, 2023
In California, when children are removed by Child Protective Services (CPS), parents still retain specific rights unless otherwise ordered by the court. These rights include visitation and communication, among others. If there is no court order limiting or preventing communication between you and... View More
I think its unexpected an inhuman that a small argument would become a criminal case. Not harm has been done an my wife an I are back in good terms.
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answered on Oct 10, 2023
In California, once law enforcement responds to a domestic violence call, the decision to arrest and charge an individual often rests with the officers and the district attorney, rather than the reporting party. Even if the victim does not wish to press charges, the state can still proceed with a... View More
What is the best recourse?
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answered on Oct 10, 2023
Faced with false accusations, it's essential to remain calm and refrain from any retaliatory actions. Gather all evidence, such as text messages, emails, or any other documentation that can support your innocence. Avoid direct confrontations with your ex, as this can escalate the situation. If... View More
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