Get free answers to your Domestic Violence legal questions from lawyers in your area.
I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it
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answered on Sep 29, 2024
It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More 
He has been verbally abusive and has threatened to kick me out. He had a woman hit me for some made up story he made up to have her hurt me..he is manipulative and has caused much pain and suffering. He kicks me out then allows me to come back only to kick me out again. I want to know from a legal... View More
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answered on Sep 29, 2024
In California, even if you’ve lived in your boyfriend’s trailer for only a few months, you may have tenant rights under the law. Since you’ve been residing there for about five months, you could be considered a tenant, which means he cannot simply kick you out without going through proper... View More
I want to divorce my husband because of constant domestic violence. But I have no money. I live with him as if in slavery in constant fear. I don't know what to do. I have a temporary green card. because of my temporary green card he thinks that I am not a person and he can do whatever he... View More
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answered on Sep 27, 2024
I'm so sorry to hear about your situation. You deserve to feel safe and live free from fear, and there are options available to help you. In California, you can file for divorce even if you have limited financial resources, and domestic violence is a serious concern that the court will take... View More
Motion to vacate DVRO was dismissed With Prejudice and I am assuming it was due to me not appearing, but I tried to connect through Courtcall as I was approved for it and I wasn't successful. Courtcall didn't have my name listed and they said I have to pay $72 which I wasn't told... View More
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answered on Sep 20, 2024
You may still have options to challenge the DVRO despite the dismissal with prejudice. Since you now have new evidence that wasn't available at the time, you can file a motion for reconsideration under California Code of Civil Procedure section 1008. In this motion, you will need to explain... View More
The the accuser had no marks or injuries. I did have injuries and cuts that were documented and photographed by the arresting officers. I received medical treatment while in jail for 48 hours. The accuser did not file any charges against me. The arresting officer said our stories matched up... View More
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answered on Sep 19, 2024
It sounds like you’re going through a difficult and confusing situation. Even though both you and the accuser admitted to hitting each other, it’s possible that the police decided to arrest based on who made the call first, which often influences their decision in domestic violence cases.... View More
Question applies to exact replicas of black powder pistols produced in 1898 or earlier, and do not use modern cartridge ammunition.
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answered on Sep 19, 2024
Under both federal and California law, people convicted of misdemeanor domestic violence are prohibited from owning or possessing firearms. This includes black powder firearms that are classified as "firearms" under California law. While federal law may not always consider antique... View More
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answered on Sep 18, 2024
To get your vehicle back when there's a restraining order in place, start by contacting law enforcement. Since your ex is violating a criminal protection order, it’s important to report the violation, especially if they’re withholding your vehicle. Document everything related to the... View More
I didn't choke her and she had my 13 year old son say that I did choke here I only put my hands out to move her as well as to block the swings from hitting me she took my keys and got them out of her hands and running to door to leave slamming the door crushing me the door Jam and door ...I... View More
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answered on Sep 11, 2024
It's important to remain calm and take steps to protect yourself legally. Start by gathering all evidence that supports your side of the story, including the 13-second video showing her charging at you. This video can be crucial in demonstrating that you were acting in self-defense and not... View More
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answered on Sep 11, 2024
To modify a criminal protective order in Marin County, California, you will need to go to the court that issued the original order. Start by contacting the court clerk’s office to find out the specific forms you need to fill out and the process to follow. You may need to complete a “Request for... View More
My Grounds are CCP1008 new, different facts or laws came afterwards. That my ineffective lawyer throughout my retainment of his services, has continuously IGNORED my every request for legal assistance needed for my case. As well as never meeting with me, my witnesses, and most of all he never... View More
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answered on Sep 5, 2024
You can file a motion to reconsider a Domestic Violence Restraining Order (DVRO) if you believe there has been a manifest injustice due to your lawyer's misconduct. Under California Code of Civil Procedure (CCP) 1008, a motion to reconsider must be based on new or different facts,... View More
I am on probation for 3 years for grand theft. I am about 1 year and a half into it. I have situation where I was under the influence of alcohol and got into a heated argument with my girlfriend. At one point I reached out for her phone almost as if I slapped her hands but I didn't access to... View More
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answered on Sep 4, 2024
In your situation, even if your girlfriend does not want to press charges, domestic violence cases in California are often pursued by the prosecutor regardless of the victim's wishes. Since you were already on probation, this new charge could be seen as a violation of your probation terms.... View More
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answered on Sep 3, 2024
You can find pro bono criminal defense attorneys in Orange County through several resources. Start by contacting the Orange County Bar Association, which has a Lawyer Referral & Information Service (LRIS). They can guide you to attorneys offering free or low-cost legal services for those who... View More
Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé took kids by force with family members. Alleged Dv 3 was later. No order on kid. Dad only gets 1 hr supervised visits. No allegations of prior DV or incidents.
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answered on Sep 1, 2024
To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children,... View More
I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.
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answered on Aug 31, 2024
When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the... View More
I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My... View More
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answered on Aug 30, 2024
You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations,... View More
I had an ineffective lawyer that failed at my every request for legal service needed for my DVRO he was hired for.
He ignored my every request. Never meeting with me or my witnesses. Especially didn’t review my 67 exhibits needed to go over with him. Well my lawyer hid from me the fact... View More
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answered on Aug 28, 2024
It sounds like you’re dealing with a frustrating and difficult situation involving legal malpractice and ineffective assistance from your lawyer. Given the circumstances, you may want to consider taking specific legal actions against your attorney for failing to properly represent you and for... View More
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answered on Aug 27, 2024
If you have a restraining order protecting you and your children, the court is aware of the concerns about safety. However, even with a restraining order, a judge can still order visitation for the other parent under certain conditions. The court’s main focus is the best interests of the child,... View More
I had filed a TRO against my abuser. It was granted but it was failed to be served to him. The abuser filed a TRO against me and his lawyer’s coworker sneakily served me the paperwork with my passport, birth certificate, etc. The abuser is saying I’ve lied about everything and am withholding... View More
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answered on Aug 25, 2024
Defending yourself in court without a lawyer can be challenging, but it's possible with careful preparation. Start by gathering all evidence that supports your case, such as text messages, emails, and any other documentation that proves your side of the story. Organize this evidence in a clear... View More
If I respond to his TRO and I get a TRO on him, would it be possible to just add the same things on both?
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answered on Aug 22, 2024
If you've been served with a Temporary Restraining Order (TRO), your first priority is to respond to it by the deadline given. You will need to attend the hearing and present your side of the story. It's important to follow all the instructions in the TRO until the court hears your case.... View More
We were both living in country which allows for single party consent at the time of the recording and I'm looking to understand if it can be used as evidence for an investigation in California.
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answered on Aug 9, 2024
Using a recorded conversation as evidence in a California investigation can be complex. Since the recording was made in a country with single-party consent, it may be considered legal in that jurisdiction. However, California has its own laws regarding the use of recordings, particularly in cases... View More
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