Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: Are there any free domestic violence classes for people with no income
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024

Yes, there are free domestic violence classes available in Fresno for people without income.

The Marjaree Mason Center offers free domestic violence intervention programs, including both in-person and virtual classes. You can reach their 24-hour crisis hotline at (559) 233-HELP (4357) to...
View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does it count as another stike

if a violent offender 3058.6 commits battery on spouse and resisting arrest with priors after release on parole and has 2 strike what his sentence

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

Under California's Three Strikes Law, both domestic battery and resisting arrest with violence can count as serious or violent felonies. When committed while on parole, with prior strikes, these offenses typically qualify as strikes.

If this person already has two strikes, committing...
View More

1 Answer | Asked in Family Law, Constitutional Law and Domestic Violence for California on
Q: What does CCP 1008 b mean

(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.

To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along...
View More

1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for California on
Q: Can I make Motion for reconsideration based on ccp1008, CCP657, federal CCP rules 52, 59, 60b?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

In California, you can file a Motion for Reconsideration under CCP 1008, but you must act quickly as there's typically only a 10-day window after service of written notice. Your motion needs to show new or different facts, circumstances, or law that weren't presented in the original... View More

2 Answers | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: What happened if someone file your birth certificate and a restraining order case I didn’t give them my birth certificat

I didn’t give them permission to use my birth or I didn’t give them permission to file anything. A restraining order case is public records. Anyone can get access to my birth certificate.

Robert Kane
Robert Kane
answered on Oct 30, 2024

Who is "them?"

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What is Hearing results DOPP

Criminal case two aggravated corporalninjusty charges and a contempt for violation of cpo

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2024

You're facing charges of aggravated corporal injury and contempt for violating a criminal protective order, and you're wondering about the hearing results labeled "DOPP". This is a serious situation, and understanding the terminology is crucial for your next steps.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: need some assistance or guidance

hello i have a case out of san bernardino court house case FAMSB2401279 i have an attorney now representing me however i feel like my primary concerns are not being addressed and this case is dragging on longer then it needs to. my attorney is a criminal defense attorney and i need to get my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2024

I'm sorry to hear about the challenges you're facing. It’s important to have an attorney who fully understands and prioritizes your family law concerns. You might consider consulting with a family law attorney who has experience specifically in child custody and domestic violence cases... View More

1 Answer | Asked in Domestic Violence for California on
Q: This is a domestic dispute case I have entered more details in the detail section

There was a domestic dispute between my boyfriend and I and I never called the cops. One month later his mother called the cops for another incident concerning him and her. While speaking to the officer she called me to come over and she told the cop what had happened between her son and I. I never... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

I'm sorry you're going through this difficult situation. It might help to reach out to a family law attorney who can guide you on the best steps to take to support him legally. They can review the details of your case and advise if there are options to appeal the decision or seek... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car I pulled over parked got out to make him get out We both left my car walking about 30 min later we both came back to my vehicle I tried to get my keys ready to get into my car before he could reach & get in also I was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024

I'm sorry you're going through this situation. To address the restraining order that's part of his probation, you should first reach out to a legal professional who can guide you based on the specifics of your case. They can help you understand the conditions of his probation and how... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car, I pulled over, parked, got out to make him get out of my car also. We both left my car & took off walking. about 30 min later we both came back to my vehicle. I tried to get my keys ready to get into my car before he could... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024

To have a restraining order dropped that was filed through his probation, you’ll need to take specific steps within the legal system. Start by reviewing the order carefully to understand the terms and the reasons it was issued. It may be beneficial to gather any evidence or witnesses that can... View More

1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: Example: I have rights as a mother. I have right to safety. Abuser can get away with defamation & abuse.

Husband abused me. Then continued to post separation by defaming me & taking away child. Supervisor violated my religious rights.

Financial hardship, emotional pain

He is protected. I cannot sue him for defamation. Family court will not clear my name. I cannot sue emergency... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2024

I’m truly sorry you're facing these challenges. Reaching out to a local attorney who understands family and defamation law in California can provide guidance tailored to your situation.

Support organizations for domestic violence survivors can offer resources and assistance, helping...
View More

1 Answer | Asked in Domestic Violence and Small Claims for California on
Q: I want to know if i can do something about my ex that I suffered from domestic violence owning me 4000
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024

I'm really sorry to hear about what you've been through. You have the right to seek justice and address the financial aspect of your situation. In San Lorenzo, you can file a small claims case to recover the $4,000 your ex owes you. This process is designed to be accessible without... View More

1 Answer | Asked in Domestic Violence for California on
Q: For NEW DVROs, Are past GRANTED TROs by a judge that show past acts and patterns of behavior admissible as evidence?

Fc-6320 DVPA (c) states “disturbing the peace of the other party” is conduct based on the TOTALITY OF CIRCUMSTANCES destroys the mental or emotional calm of the other party.

COERCIVE CONTROL, which is a pattern of behavior that in purpose or effect unreasonably interferes with a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024

Yes, past granted TROs can be used in your new DVRO case. These previous orders help demonstrate a history of behavior that may support your current request for protection. By showing a pattern of actions that disturbed your peace or interfered with your personal liberty, the court can better... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for California on
Q: Can an attorney help sue a police department for wrongful removal of a child and wrongful arrest?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

I'm really sorry you're facing this situation. It's important to understand your rights and the steps you can take to address wrongful actions against you and your child.

First, document everything related to the removal and arrest. Keep records of all interactions, notices,...
View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: I'm need a civil attorney that can help me sue police for wrongful arrest and wrongful removal of my baby. Charges dismi

Please consider me because my case is big and will be worth helping.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

I'm really sorry you're experiencing this. Finding the right legal support is crucial for your situation.

Start by contacting your local bar association, which can provide referrals to attorneys experienced in civil rights and wrongful arrest cases. Make sure to gather all...
View More

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: What are my & my kids rights if we are granted an EPO & the father violates it abducts them & cps detains them from him

I fired two idp attorneys for misrepresentation and misinformation, not willing to accept documents or subpoena witnesses. I have no legal representation and the hearings have drug outliner than suppose to. The kids were detained June 29th the jurisdictional hearing is December 3rd. My first idp... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024

I'm really sorry you're going through this. As a parent and victim of domestic violence, you have the right to seek protection and ensure the safety of your children. The Emergency Protective Order (EPO) is designed to keep you and your kids safe, and violating it by the father is a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How to have criminal protection order penal code 136.2 dismissed filled by DA on my behalf on 09-30-24

It's against my boyfriend he had a mental health breakdown broke my phone while calling 911 to get him help than made crazy comments about killing himself he was only in danger of hurting himself

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

I'm sorry you're going through this difficult situation. To have the criminal protection order dismissed, you should first consult with a legal professional who can guide you through the process. They can help you understand the specific reasons the DA filed the order and assess the best... View More

1 Answer | Asked in Domestic Violence for California on
Q: Can I get a restraining order sealed in california
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

In California, obtaining a restraining order is an important step to ensure your safety. However, by default, restraining orders are part of the public record, which means they can be accessed by anyone. This transparency is intended to provide public safety and awareness.

There are limited...
View More

Q: How to ask court permission to record trials

How to ask judge if I or court reporter can record audio instead of written transcripts?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2024

To seek permission to record a trial, start by reviewing the specific rules and procedures of the Fontana, CA court. Each court may have different requirements, so understanding local guidelines is essential. Prepare a formal written request or motion addressed to the judge overseeing your case.... View More

1 Answer | Asked in Domestic Violence for California on
Q: can i argue self defense even if no one was around to see it and i left a mark while they didnt

we were arguing in the living room when she lunged at me to take my phone and swung and hit me in the head 2 times to take it from me (she bought it for me thats why she was trying to take it) so to prevent her from hurting me i was pushing, punching and scratching to get her off of me. by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2024

Yes, you can argue self-defense even if no one else was around to witness the incident. In California, self-defense is a valid defense as long as you reasonably believed you were in immediate danger of being harmed and your response was proportional to that threat. The fact that you left a mark... 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.