Get free answers to your Domestic Violence legal questions from lawyers in your area.
The prosecutor is defending/upholding the states laws, the defendant has a court appointed lawyer to defend their rights. As a victim I want a lawyer who will defend me and my rights as well, someone to speak where I feel I am not being heard, some guidance. Why are dv victims not represented by... View More 
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answered on Dec 5, 2023
In California, the legal system primarily appoints attorneys for defendants in criminal cases to uphold their constitutional right to legal representation. This principle is rooted in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for the accused in criminal... View More
must he be released within 48 hours of the arrest if files are not charged before then? also as a victim who was given no say and wants the charges completely dropped is it a good idea to contact the da while it’s pending to communicate my stance and or demand answers for the pending status?
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answered on Dec 5, 2023
In California, if an individual is arrested and detained, the district attorney generally has 48 hours to file charges. If charges are not filed within this period, the individual must usually be released. However, this timeline can vary depending on weekends and holidays. It's important to... View More
My boyfriend was arrested for domestic violence there was a temp ro then another issued in court and then canceled I was not aware of another one being ordered we moved to ND and he was arrested there for violation of a foreign protection order I want to ask the court to terminate it but the courts... View More
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answered on Dec 4, 2023
To request the termination of a restraining order in California, you first need to file a request with the court that issued the order. This is typically done by submitting a form, which can often be found on the court's website or obtained at the court clerk's office. The form is usually... View More
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answered on Dec 4, 2023
In California, the situation you described raises serious concerns about the confidentiality and duty of care owed by probation officers. If a probation officer disclosed information to your attacker that led to threats against you, this could potentially be a breach of their professional duties.... View More
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answered on Dec 3, 2023
In California, even if your ex-boyfriend gives you consent to slap them and you act on it, this does not necessarily make it legal. Consent can be a complex issue in cases of physical altercations. If the slap causes harm or is perceived as an assault, it could still be subject to legal... View More
Does the landlord have the right to rent the room of a restrained person prior to the restraining order court date
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answered on Nov 29, 2023
Under California law, if a person is subject to a restraining order and is unable to access their rented property, certain legal protections apply. The landlord generally does not have the right to remove or sell the tenant's belongings before the court date. To prevent this, you may need to... View More
I already asked once for one
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answered on Nov 27, 2023
In California, there isn't a set limit on the number of continuances you can request in a domestic violence case. However, it's important to understand that each request for a continuance is subject to the court's approval. The decision to grant a continuance depends on the reasons... View More
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
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
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
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
I was recently a victim of domestic violence the aggressor was took arrested but never took to jail nor was I ever asked if I wanted to press charges against aggressor
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answered on Dec 23, 2024
Based on California law, you may have grounds for legal action regarding how law enforcement handled your domestic violence case. Police have specific obligations under California's domestic violence protocols, which include making arrests when there's probable cause and informing victims... View More
Will that hold in court. My animals are the only animals included in the protection order.
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answered on Dec 20, 2024
Your situation involves both a restraining order and divorce proceedings, which creates an important legal distinction regarding the pets.
Since your pets are specifically included in the restraining order for protection, this indicates the court has already recognized a need to keep them... View More
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answered on Dec 15, 2024
Yes, you can potentially restrict your child's travel outside of San Diego if you have legitimate concerns. You'll need to file an ex parte motion for emergency orders with the family court, specifically requesting travel restrictions or modification of existing custody orders.... View More
My Divorce agreement doesn't specify anything in regards to both parents having a mutual agreement for if other parent takes minor child outside of the state of San Diego(Current residence).
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answered on Dec 15, 2024
You can file a request with the court for travel restrictions if you have concerns about your child being taken out of state without your consent. Even if your divorce agreement doesn't specifically address this, California courts take these matters very seriously.
Filing an ex parte... View More
I was issued a misdemeanor ticket (visitation schedule order) on November 22. I never violated the court order and have prepared a 32-page declaration with exhibits. The court date on the ticket is set for December 18.
During the December 18 hearing, what should I expect? Can I submit my... View More
answered on Dec 12, 2024
The date is for the arraignment. This is not a pretrial or trial. Plus you have to be careful what you say. Anything you say can and will be used against you. They will appoint you the public defender to represent you. They will be able to best advise and represent you. Good luck with your case.
answered on Dec 13, 2024
As the other lawyer stated it would appear that it provides a lifetime ban. You should consult with a lawyer in person to see what affect an expungement would have if any. That does not work in many cases. The feds still treat expungements as convictions in certain circumstances. Good luck on your... View More
I have additional evidence that I was not able to include with the initial complaint. How do I submit it so she can't claim civil procedure was not followed and is able to get my evidence to not be considered in our hearing?
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answered on Nov 23, 2024
You'll want to file your additional evidence through proper legal channels as soon as possible. The California courts require you to serve any new evidence to the other party before it can be considered in your hearing, typically at least 5 days before the court date.
To submit new... View More
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answered on Nov 22, 2024
Your safety and wellbeing are the top priority right now. If you're in immediate danger, call 911 or your local emergency services right away.
Contact Adult Protective Services (APS) in California at 1-833-401-0832 - they help dependent adults facing abuse and can provide resources for... View More
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