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California Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Can a person with a domestic violence charge 20 years ago purchase a gun in California?

No jail time served. Pleaded guilty, had a fine and short probation. All this was around 20 years ago.

William M. Weinberg
William M. Weinberg answered on Mar 27, 2020

No. Federal ban is lifetime so it overrides California law.

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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: I had a DV case that I pleaded down to simple battery and was wondering what the judge will do?

More for alimony and child support. she makes a little bit more than I do and we split the kids her about 65% and me 35%. Married for 5 years but the DV case is my biggest worry. I make 16/hr she makes 17/hr we both work about the same amount of hours per week.

Thank you. Here is more... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 25, 2020

That depends on what case you are talking about. The battery will get you a 52 week batterer's treatment program and probation (plus other orders, such as a criminal protective order-be sure to request an exception for peaceful contact for exchange of children per a family court order)

If...
Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: in Riverside county my boyfriend and i have a cpo he cant be around me and has to do classes for violation of cpo order

in Riverside county my boyfriend and i have a cpo he cant be around me and has to do classes for violation of cpo order what can i do to remove the ceo i didn't request it the court did. and remove his sentence of classes

Dale S. Gribow
Dale S. Gribow answered on Mar 23, 2020

are you still with boyfriend?

living with him?

the person that knows the most about the sentence is the lawyer who represented you...ask him/her if the CPO can be removed/?

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I have my abusive boyfriends daughter who is 15 he refuses any responsibilities as a parent no support and always drunk

Is there any way I can get rights for her she need medical and dental care and insurance i cant do anything for this child

Mike Darlington
Mike Darlington answered on Mar 22, 2020

You can file for guardianship of the child. You will have to convince the court that it is a detriment to the child to stay with the father. I am assuming you no longer live together.

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I'm being falsely accused, I'm the victim of his abuse, do I need a lawyer for court
Mike Darlington
Mike Darlington answered on Mar 18, 2020

Sounds like that would be an excellent idea. There is too much at stake and if you can afford representation you should absolutely get it.

1 Answer | Asked in Domestic Violence for California on
Q: Do I need to have a lawyer for a restraining order, false accusations
Dale S. Gribow
Dale S. Gribow answered on Mar 17, 2020

more info needed.

though you MIGHT NOT need one it is advisable.

a lawyer would have to hear the facts.

if you can afford a legal consultation do so.......otherwise if picked up ask for a court appt'd public defender.

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: If there's already a domestic violence case and an restraining order still active, can the restrained party file a

Restraining order towards me, too?

Mike Darlington
Mike Darlington answered on Mar 17, 2020

They certainly are allowed to file it; doesn't necessarily mean they will be successful with it.

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Minors Council Scope - Minor council (MC) stated to judge children are bonded and remain with me - What should I file?

Its been 9 months since I have seen or heard from my children. Im complying with the court order but father states different stories each time visits are missed. I have monitored visits as my ex husband uses my past criminal history and past DV when I report the concerns of him hurting our... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 11, 2020

YOU NEED TO ASK THIS OF A DIVORCE/FAMILY LAW ATTORNEY.

I HANDLE ACCIDENTS AND DRUNK DRIVING

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: I wanted to know if I can pursue a restraining order on a family member that had posed threats to physically hurt my son
Mike Darlington
Mike Darlington answered on Mar 3, 2020

Yes you can. It would be a civil harassment restraining order most likely. Each courthouse has a Family Law Facilitator's Office that will give you some guidance and help you with your paperwork for free.

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: How likely I'm I to get charged in a domestic assault case if the DA decided not to file. (California)

Its been two months after I've been arrested. My girlfriend got drunk and started a fight with me, but I was arrested for domestic assault. She instantly regretted calling the cops and wish she could talk to the DA, but no one has try to contact her. What's the likelihood the DA charges me later (I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 28, 2020

IF, the DA decided not to file...great.

However, b/c it is not filed by the Arraignment, does not mean it won't be filed later. They have 1 yr to file a misdemeanor and 3 yrs for a felony.

normally, you can't get an arrest expunged as you can a plea etc

b/c a victim does not...
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1 Answer | Asked in Adoption and Domestic Violence for California on
Q: my friend got arrested for domestic violence how long would he be arrested for
Dale S. Gribow
Dale S. Gribow answered on Feb 28, 2020

MUCH more info needed.

was there an injury? how severe? does he have prior incidents of DV or arrests?

who is DA? who is judge?

contact me if you would like some names to call........

you need to hire a lawyer who practices in that courthouse for these kinds of cases.

2 Answers | Asked in Criminal Law, Immigration Law, Domestic Violence and Wrongful Death for California on
Q: Is it extortion to demand money from a minor and threatening to cancel citizenship process?

Friend was brought to the United States at a young age illegally against their will. Friend has actively sought out proper citizenship and is currently very close to achieving citizenship. However, stepmother has inserted herself into the minor's situation and is demanding money at inconsistent... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 26, 2020

more info needed.

who paid you? minor or adult?

was minor 18 when he entered into contract?

technically can not do so until 18

are you demanding money or are they demanding refund?

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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: DV R/O files on me by my child’s father but he’s on my social media stealing her Pictures through a fake profile

Can I file a Restraining Order too? To protect my daughter and I from the Stalking?

Mike Darlington
Mike Darlington answered on Feb 24, 2020

You can always file for a restraining order, but it would appear you would need a lot more to obtain one. I am not sure what you mean by he's "stealing her pictures through a fake profile." If you are indicating he is merely copying pictures of his child from your profile, that will probably not... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: Can I get charged for picking up my friend an driving off after she stole a phone a beat up a person.

The lady took pictures of my license plate. There's a police investigator that wants to talk to me

Dale S. Gribow
Dale S. Gribow answered on Feb 21, 2020

MORE INFO NEEDED.

HOWEVER, YOU PROBABLY SHOULD NOT BE DISCUSSING THIS ON AN OPEN FORUM.

IT MAY BE SIMILAR TO A DRIVER IN A BANK ROBBERY........DEPENDING ON THE FACTS.

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can a person go to a family law hearing if it's not theirs?
Mike Darlington
Mike Darlington answered on Feb 21, 2020

Hearings are open to the public unless it is a confidential case, such as an adoption, paternity, CFS, etc. For those type of cases they normally close the courtroom. Other than that you should be able to attend.

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Completing forms for Perm RO against abusive ex. - can having placed a recording device ex found out about implicate me?

Just issued a RO against ex boyfriend who verbally, physically, and psychologically abused me, using my supposed cheating as reason why he treated me in abusive manner. Was granted temporary RO and now completing forms for permanent. While we were together, I'd placed a recording device in his... Read more »

Mike Darlington
Mike Darlington answered on Feb 20, 2020

Shouldn't have done that. At this point you just need to see if he brings it up and hope he doesn't. But if he does you need to get representation right away, and not discuss this matter with anyone else until you do, because the ramifications of this can be far reaching.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I was never arrested but was detained. I had to post 10% bail. Do I get that bail $ back?

I have a letter from the sheriff's office stating it was only a detention

Dale S. Gribow
Dale S. Gribow answered on Feb 16, 2020

more info needed.

most often bail is posted through a private bail bonds biz and you post 10%.

unless the city had some practice of posting with the city you do not get the money back.

you could file in small claims court against the governmental entity......but suing city...
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1 Answer | Asked in Domestic Violence and Elder Law for California on
Q: I have a question regarding filling out the Request for Elder Abuse Restraining Order Form EA-100.

On QUESTION 5A (Description of Protect Person) of form EA-100 it asks if the person SEEKING a restraining order "is 65 or older and a resident of California".

In this scenario, the person whom the protection is AGAINST (in QUESTION 2) lives in CALIFORNIA; however, the person SEEKING... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Feb 14, 2020

Your question isn't quite clear.

If the victim (protected person) is in California then that is good and the questions are mostly about them.

Are you saying that the person requesting an order to protect our California elder is in NV? That is OK then, but you have to file where...
Read more »

2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for California on
Q: I have a warrant out from county A but am going to be sentenced to do time in county B should I tell county A?

I have COURT for county A before I Attend county B for sentencing.

Dale S. Gribow
Dale S. Gribow answered on Feb 10, 2020

more info needed

be careful posting on a site like this that is open to anyone.

you obviously have a lawyer, either private or court-appointed, ask your lawyer who will have all the info in front of them.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for California on
Q: I left an abusive relationship. I took some of my belongings and the dogs. He keeps telling me to bring his dog back.

I pay vet bills/ buy food, etc. and on all documents at the vet l am listed as owner. Can he call police and force me to give him the dog? She is used as my ESA. I have a note from my doc stating she helps me with my anxiety. He claims l can go back if l get rid of my other dog and give him back... Read more »

William John Light
William John Light answered on Feb 9, 2020

The police likely won't get involved in what appears to be a civil dispute over ownership to property. If he wants the dog back, he could report it stolen. He can sue you in Small Claims for the value of the dog or its return, if he can prove ownership. The fact that you use the dog as your ESA... Read more »

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