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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

2 Answers | Asked in Domestic Violence for California on
Q: If i filed a domestic violence report against my boyfriend & its at the DAs office, can I still have it dropped?
Dan Moseley
Dan Moseley answered on Jan 11, 2022

It is possible, but unlikely, as once DV reports are taken by police and filed with the DA's office, prosecutions go forward even without the cooperation of the complaining party. Because a decision to prosecute depends of the facts of the case, you may want to discuss the matter in detail... Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: Domestic violence. Am i required to report it if i know about it? Can i be sued if i don't?

My brother is in a violent relationship. He hits and threatens women. The battered women complain to me. Am i legally responsible to report it to the police. I own a business. Can i be sued if i don't report?

Dale S. Gribow
Dale S. Gribow answered on Dec 31, 2021

MORE INFO IS NEEDED.

THE VICTIMS ARE USUALLY THE ONES THAT REPORT IT. HAVE THEY DONE SO?

HAVE YOU TALKED TO THEM ABOUT WHY NOT?

ANYONE CAN SUE ANYONE AT ANY TIME FOR ANY REASON. THAT DOESN'T MEAN THEY WILL WIN.

JUST KNOWING ABOUT IT AS A THIRD PARTY DOESN'T...
Read more »

2 Answers | Asked in Domestic Violence for California on
Q: Domestic violence. My brother hits his live-in girlfriend. Can I be sued if she is killed because i didn't report?

If the victim is badly hurt or killed and a lawsuit pursues, can i be sued because I knew about the incidents and didn't report them? Does this make me 'complicit'? I own a business. My brother has no money. Can the victim go after my money?

John Karas
John Karas answered on Dec 30, 2021

Unlikely that you could be successfully sued if you didn't report the prior incidents of DV (Domestic Violence) committed by your brother.

However, if she suffers GBI (Great Bodily Injury) or dies as a result of what your brother does to her after the prior DV incidents, a clever...
Read more »

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Q: Filling an appeal and just need to know which appeal I should file.

We are going to file in appeal but I am not sure which application I should file because we both agree that his rights were violated as a person that is representing himself in court. He wasn't supply anything that you are suppose to get when you are self representing yourself. Even with a... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 28, 2021

More info needed.

Why wouldn’t court appoint a lawyer?

Did D initially refuse counsel?

Something is missing in the facts.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How to get domestic/civil restraining order dropped by two mandated reporters waited months to report the alleged abuse

Oct 15 2021 my sister and mother were in a physical confrontation where my mom suffered injury. This has occurred before(have pics) sister had none. She was asked to leave so they could calm down..instead she moved in next door with a neighbor/friend of 20 years.she had not been allowed to see... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2021

More info needed.

I suggest you type up a complete summary and consult with a local lawyer. This question deserves more attention than a quick answer.

You should have a lawyer put the matter on calendar if he thinks the facts warrant it.

1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Are probationary orders only enforceable if the defendant is on probation?

"Orders under Penal Code section 1203.097(a)(2) are probationary orders, and the court has jurisdiction as long as the defendant is on probation". Otherwise the court does not have jurisdiction? therefore the order is only enforceable whilst the defendant is on probation? I'm not the... Read more »

Dan Moseley
Dan Moseley answered on Nov 6, 2021

That's correct. However, some orders, such as Criminal Protective Restraining Orders can be independent of probation. They have a life, that is, a period of duration entirely their own as set by the court. Violating a CPRO is a separate offense, whether one is on probation or not.

2 Answers | Asked in Criminal Law, Constitutional Law and Domestic Violence for California on
Q: Definition of an unlawful arrest.

Search of the vehicle resulted in Several felonies.

Dan Moseley
Dan Moseley answered on Nov 5, 2021

An arrest can be unlawful for many reasons. Everything depends on the facts and circumstances of each particular arrest. In the law, black and white answers are rare.

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1 Answer | Asked in Domestic Violence for California on
Q: boyfriend arrested after a fight we had court issued restraining order recently he went to jail for violation of dvco

I love him and I think it's crucial to have my support I want the best for this man the fight started over money which I found days later in my car he is not a threat and is there anything I can do to be able to get charges dropped please help

Dale S. Gribow
Dale S. Gribow answered on Nov 3, 2021

much more info is needed.

this question should be presented to his lawyer who will have all the facts.

what you are asking is akin to asking a doctor if there is any way for your boyfriend with a medical condition to survive.............just because you have a doctor, doesn't...
Read more »

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Do I need an attorney? I'm currently abused, assaulted by a person who has served prison Time for assaulting me

Im homeless. In 2018 I was assaulted by a man inside my tent and the police just happened to be outside my tent whilst I was inside being strangulated and punched in my face. The person who assaulted me was arrested literally seconds after he attacked me. He had been assaulting me on a regular... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2021

SINCE YOU ARE HOMELESS, I AM ASSUMING YOU CAN'T AFFORD A PRIVATE LAWYER. IF YOU WERE THE DEFENDANT, THE COURT WOULD APPOINT ONE FOR YOU.

MAYBE YOU CAN GO TO LEGAL AID AND REQUEST ASSISTANCE.

YOU CAN ALSO CONTACT THE DA'S OFFICE FOR ASSISTANCE (FOR VICTIMS OF DV)....
Read more »

1 Answer | Asked in Criminal Law, Divorce, Personal Injury and Domestic Violence for California on
Q: It can get removed from prison records?

I have some cases from the courts and etc. because I really need help. and I need a deaf lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 29, 2021

IF YOU CAN'T AFFORD A LAWYER, REQUEST ONE AT THE ARRAIGNMENT......AND ASK THE JUDGE FOR ONE WHO SIGNS??? OR AN ASSISTANT WHO DOES SO.

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for California on
Q: Convicted of battery against a cohabitant. My attorney didn’t fight my case well with the information she had. Help!!!

My boyfriend, who is still my boyfriend, got drunk one night. We had plans but he blew them off so I locked him out. He was always leaving his key at home. He told the police that I beat him up and even though he was highly intoxicated, he had a buddy of his backing up his story. This particular... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 25, 2021

If you're unhappy with your attorney's performance and the outcome of the case, you should consult with an experienced criminal appellate attorney to explore whatever appeal issues there might be.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: I was assaulted by my significant other in my hotel room. I called 911& escaped.He lied. I was arrested for DV. Help?

My boyfriend was abusive & wouldn't leave my hotel room. I called 911 and ran to lock myself on the car. When he had spun & thrown me, he caught my broken tooth on his arm so it was bleeding. When police arrived at the room he lied. They came to the car and told me to get out... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 15, 2021

much more info is needed.

the police don't normally have 3 officers to take you down and normally do not shoot you up.

there is obviously much more to learn.

if you are being prosecuted, the court will appoint a public defender to represent you.

that person will...
Read more »

1 Answer | Asked in Domestic Violence for California on
Q: What should I do when my ex used my friend to tell me to sign papers stating I falsified a restraining order?

I was granted a restraining order from my ex (which we both went to court and he admitted). Now, a mutual friend is trying to make me sign papers saying I lied about it all because he wants custody of his daughter that he had with his ex wife.

The mutual friend said my ex and his current... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 11, 2021

much more info is needed.

i would suggest making an appointment with a lawyer in your area and explain all this to get options and provide all the info.

you can also go to the DA who is prosecuting him...i assume.

you know him better than we would and whether he would use...
Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: offender pleads guilty to abuse on our kid then cps gives mother sole physical legal custody then offender dose a 2

cps closed mothers cps case dismissed and reversed case father then did a 2year class w criminal judge father appears at mothers home committed dv on mother criminal judge dismissed dv even with evidence / witness then the judge was relocated to family court giving offender = custody rights... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2021

more info needed.

i would either with a lawyer or on my own contact the Presiding Judge and maybe your congressman and local authorities.

1 Answer | Asked in Domestic Violence, Criminal Law, Divorce and Civil Rights for California on
Q: I want to know what I need to do when I have been wrongfully convicted of domestic violence,& want it overturned/reverse

I have wife who has & is still lying saying that I've done horrible things to her, where when I have literally done not even one single thing to her at all & I feel all the way helpless with the despair of not be able to defend myself from such a terrible unthinkable & most... Read more »

Joseph Abrams
Joseph Abrams answered on Oct 4, 2021

If you have been "wrongly convicted" I have to assume you had a trial or the opportunity to reach a plea deal. As such, you should ask your attorney in the case what your appeal options are, or otherwise consult with an experienced criminal appellate attorney.

- Law Office of...
Read more »

1 Answer | Asked in Personal Injury, Domestic Violence and Juvenile Law for California on
Q: I am 15 and somebody challenged me to a fight, will i get in trouble for participating?

We are both 15 and he challenged me to a fight this weekend, can i fight him legally? I don't want to get in trouble with police. Are there any steps I can take to assure we both dont get in trouble?

Dale S. Gribow
Dale S. Gribow answered on Oct 1, 2021

IT IS NOT DOMESTIC VIOLENCE BUT IT IS BATTERY.......AS A MISDEMEANOR IF NO WEAPONS ARE INVOLVED AND A FELONY IF YOU DO SOMETHING LIKE THROW SOMETHING AT HIM.

YOUR BEST BET IS TO SAY.........NO, YOU WIN.

YOU ARE NOT LOOKING TO GET ARRESTED AND ANYWAY IT IS AN IMMATURE WAY OF SOLVING...
Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Lawyer charged me for court cost for her to separate as my lawyer but case ended 6 months ago??? Please help

Hired her 8-23-20 last day in court was in 10-06-20. When case finished, we hug and i thank her. Well 6 months later i started getting invoice for my case?? At first she just told me it was just a covid letter they sent to all of their clients. I inform her my case ended 6 months ago and i have... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 26, 2021

much more info is needed.

it sounds like the case is still alive if the lawyer is making a motion to be relieved as your attorney.......i assume that is what is happening and s/he is charging you to do that.

i would send a letter memorializing ALL the facts. if the facts warrant it,...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Does this law firm defend Native Americans in domestic abuse cases that results in a death
John Karas
John Karas answered on Sep 25, 2021

It's not clear from your question who you are referring to as "this law firm" handling wrongful death cases allegedly arsing from domestic abuse and, if so, if you have been criminally charged with that offense. Your race or ethnicity is usually not relevant to whether an attorney... Read more »

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