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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: Ex got a temporary restraining order on me and took my car . We’re both on the title but I have made all the payments
Dale S. Gribow
Dale S. Gribow
answered on Dec 2, 2022

I think you should contact a local family law attorney if you don't already have one.

Both being on the title, you should both have the right to the car...........

A divorce lawyer should help to present this evidence to the judge.........and or deal with the atty for your ex...
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Q: My name is Modesto and my mother accused, took me to Pomona childrens court I have never been charged or arrested

Never charged I got dv

I wrongfully accused

Never arrested or charged

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2022

the best advice any lawyer can give you is to ask the court to appoint a Public Defender at your first appearance.

s/he will have access to a police report and any other evidence.

since PD's have very heavy case loads, I suggest you type up all the facts so that s/he does not...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I was a victim of dv I called the police he left but I didn't know he was outside waiting for the police to tell them I

attacked him to keep our 3 month old baby. We have gotten into arguments before and just threatened to hit me. that day he came over picking a fight and he did hit me I fought to defend myself he bit me twice and pulled out a lot of my hair

I think i bit him to. he convinced the officer... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 1, 2022

you need a local criminal lawyer for your criminal case and a family law attorney for the custody issues.

have you requested a Public Defender ???

maybe they can do something to assist with some of the family law issues too???

1 Answer | Asked in Domestic Violence for California on
Q: Can I ask or suggest a judge to put my abuser in a mental health unit or rehab?

I have had a restraining order on my babies dad since 2018 he keeps harming me physical and mentally I've made so many reports he always gets released in short periods of time. I think he is mentally ill, I'm afraid he will one day hurt me badly or hurt someone else. I want to go to court... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 1, 2022

if there is an active case open, talk to the DA witness assistance people.

you really should try to have a lawyer assist you.

if you can't afford one, maybe legal aid will be able to do so!

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Prison sentence 2yrs half time,with 10months credit,5 actual month in will you have 2months left to do or 7 months left,
Rhonda Mae Hixon
Rhonda Mae Hixon
answered on Oct 27, 2022

When calculating credits you want to subtract actual time in custody from the total sentence imposed, then apply the half-time credits to determine the out date. So, roughly two years is 730 days, minus the 150 (5mo in), or 580, which would be 290 at half-time, or about 9 months

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can the D. A make an alleged victim testify

Well the alleged would b my forner gf and no I didn't speak to the police until about a month later they picked me up on a prob cause warrant. She says she dit wanna press charges now but she has been subpoenaed. I told her I didn't think that they could make her testify if she's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 20, 2022

did you report it to the police or talk to the police at the time of the incident?

they can subpoena you and if testifying would incriminate you, then you could take the 5th.

1 Answer | Asked in Domestic Violence for California on
Q: My friend is a victim of DV and was arrested do to her abuser lying.

My friend has been with her abuser for months, she deals with depression and has adhd. Every time she’d try to break up with her, the abuser would start calling talking about suicide, drunk driving making my friend stay out of fear. Her abuser has prior DV charge on another female. She has... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 19, 2022

Speak with an attorney who advises witnesses. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How do I request for modification of criminal protection order as the victim I want defendant to wear ankle monitor?

The DA will not respond to my emails I have begged for help. My attacker will come after me when released from CDCR. I will become un-homed to protect my parents from any more danger

James L. Arrasmith
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answered on Oct 14, 2022

You can seek a remedy in civil court under either a DVRO or a CHRO. You can specifically ask for such a request. However, no guarantees on the judge signing off on it, but can be worth a shot.

2 Answers | Asked in Domestic Violence for California on
Q: What action should I take if I am possibly being charged as the perpetrator in a domestic violence case

I was actually the victim and only defending myself, I have pictures to prove I was being pinned up against my car when the incident occurred, I was not aware the cops were even called until they had already gone. I am on DISSABILITY and can not afford to pay a lawyer..No one has even gotten my... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Speak with a lawyer who will defend you, that's the first action you should take. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for California on
Q: Hello, Can I get subpoenas when the hearings are already over? What forms do I use?

I filed Restraining orders against individuals for internet harassment, slander and other harassment...the hearings ready to place, RO not granted but I would still like to get the IP addresses from the businesses used by the harassing individual, to post the slander so that i can trace it... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

If the case is no longer active, what basis would you have? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What will happen if I didn't tell the police everything when I called on my spouse? How can I help dismiss the case

I called the police on my spouse cuz he took my cell phone and pushed me to the floor and I thought he was trying to do something to my mom. But he only pushed me cuz I was grabbing him and stopping him from getting in his car and he was trying to takey phone and we both were pulling it and I let... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

Witnesses should always tell the truth. You're not going to hear otherwise here. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What are the charges for texting someone while on a TRO?

I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in... Read more »

Dan Moseley
Dan Moseley
answered on Sep 19, 2022

A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.

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1 Answer | Asked in Criminal Law, Libel & Slander and Domestic Violence for California on
Q: Today the local News made a false post listing my spouse as a violent sexual offender. He has never had a sex charge.

He was sentenced yesterday to 20 yrs for domestic violence, I am the victim. Labeling him as a sex offender carries a huge risk for his safety, as well as my own. Is there any recourse?

James L. Arrasmith
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answered on Sep 18, 2022

If it is a matter of public concern (as it seems to be) there are constitutional considerations. The statement would have to have been made with actual malice. It must also be provably false and that the news company either (1) knew it was false or (2) had a reckless disregard for its truth or... Read more »

3 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: If I live in a shelter, could I lose custody of my toddler to my ex?

I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The age of the child; The health of the child; The emotional ties between the parents and the child; The ability of the parents to... Read more »

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2 Answers | Asked in Domestic Violence, Criminal Law and Personal Injury for California on
Q: What kind of lawyer do I need if I've been d raped, beat held by threats of mental home or jail or killed and kids GONE.

What kind of lawyer . What are the charges if he's ever even held accountable

What if he's very vindictive and sets me up and has video of me attacking him but doesn't show how he threw broken glass razors and screws into my face while he hid in the dark so it shows only me... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 12, 2022

YOU SHOULD HAVE SHARED ALL THIS WITH THE POLICE, WHO THEN WOULD ARREST HIM FOR RAPE (AT LEAST) ......THE DA'S OFFICE HAS A UNIT TO DEAL WITH VICTIMS, AND THEY WOULD WORK TO ASSIST YOU.

MOST PEOPLE IN YOUR POSITION DO NOT HAVE THE FUNDS TO HIRE A PRIVATE LAWYER. IF SO, A LOCAL CRIMINAL...
Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: My daughter's boyfriend moved into her home with her. They had a big fight and she had hit him on his back with her hand

He called cops and they arrested her for domestic violence, with a restraing order also. She wants all his belongings out now. Does she have the right to put stuff on curb?

Dale S. Gribow
Dale S. Gribow
answered on Sep 5, 2022

I WOULD THINK THAT WOULD BE REASONABLE.........HOWEVER, I WOULD CALL YOUR LOCAL POLICE TO REQUEST A KEEP THE PEACE OFFICER TO GO WITH YOU.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: My partner and I have been living together for 4 years. Last month I had to call the police on him for acts of violence.

He is verbally abusive. I want to change the locks. Can I? He is also undergoing cancer treatments. I served him with a 30 day notice today. I am fearful of him and do not know what he might do. Any advice is appreciated.

James L. Arrasmith
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answered on Aug 30, 2022

I would file a TRO (temporary restraining order) and seek a domestic violence restraining order (DVRO) to protect yourself from imminent harm.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: My wife left the house & ghosted me, How do I know If my wife is keeping the baby or not. We have been separated before!

I live in CA & is currently on a work visa. I got married in May 25,2021 in Bangladesh and came to USA shortly after that(Just me). My wife came to the USA January 2022 on F2. After a month of being together she left the house following 3 day argument which turned ugly. She filed a restraining... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 29, 2022

You could file a parentage action; open a case, in anticipation of the birth, and request custody/visitation orders along with order establishing you as the legal father.

2 Answers | Asked in Domestic Violence, Elder Law and Family Law for California on
Q: My 65 year old retired mother is being physically, mentally and financially abused by her 49 year old husband.

She is on a fixed income and recently refinanced the home because he demanded she pay him back for the down payment which was over 20 yrs ago. She has been the only one paying mortage, utilities. Hes been there freeloading. Now hes demanding she leave, its his house. Shes not allowed to eat his... Read more »

James L. Arrasmith
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answered on Aug 17, 2022

It surely seems like a very toxic relationship. I recommend that she get away from him as soon as possible. The longer they remain married, the more money she may owe him in spousal support (aka alimony), since she is financially supporting him during the marriage.

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3 Answers | Asked in Domestic Violence and Personal Injury for California on
Q: I was arrested, based on my ex lies. domestic viol, but Im a victim. Bailed out same day, court in 3 weeks. What to doo?

It's first time in my life I've got arrested. I've done nothing to him, I don't know what he said to police. so embarrassing, stressing. Especially when you victim, it feels so not fair.. Also I don't know what to do next? Hire lawyer or go to DA or police. I just want to... Read more »

James L. Arrasmith
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answered on Aug 17, 2022

The best solution is to find a qualified criminal defense attorney. If you cannot afford one, the court will appoint one for you. If you can afford one, it would be helpful to hire a criminal defense attorney who has specific experience in domestic violence defense cases.

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