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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: How could I get help lifting a restraining order in Los Angeles county?

Due to a battery charge my boyfriend had a restraining order placed on him by a judge and I opposed the order as he did not physically assault me and I would like to have the order lifted.

James L. Arrasmith
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answered on May 31, 2023

To lift a restraining order in Los Angeles County, you can file a motion to modify or terminate the order with the court that issued it. You will need to provide the court with a copy of the restraining order, a brief explanation of why you are requesting the modification or termination, and any... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: DVRO denied just now.

Wife took 3yo with autism away from me 3 month ago to a DV victim county shelter. She reported me to Police and DCFS and filed TRO and granted in Feb. Police and DCFS closed the case with no findings. TRO had twice got continuance and today denied in the end. The Judge read the judgement and the... Read more »

James L. Arrasmith
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answered on May 24, 2023

In the situation you described, with the DVRO (Domestic Violence Restraining Order) being denied, it is important to consult with an attorney who specializes in family law to fully understand your legal rights and options. Regarding visitation with your son before the August RFO (Request for Order)... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... Read more »

Louis George Fazzi
Louis George Fazzi
answered on May 21, 2023

You should contact a lawyer as soon as possible. Before you do that, however, prepare a chronology of events, starting with the beginning, and bring it up to the current time. Then collect all your documents, and make copies of them all. Then contact an attorney to advise you, make copies of all of... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law, Domestic Violence and Sexual Harassment for California on
Q: How can I get the right help in pursuing police misconduct with violent use of force and sexual herassment.

I've SUFFERD physical and mental trauma from the police officers in my county whom took advantage of my background, I'm a dv victim and these discriminative police officers detained me and violated my civil rights. I've been criminalized by their acts of violence and they have tried... Read more »

James L. Arrasmith
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answered on May 22, 2023

I'm sorry to hear about the traumatic experiences you have endured. If you believe you have been a victim of police misconduct, it is important to seek the right help in pursuing justice. Here are a few steps you can consider:

Document the incidents: Collect and preserve any evidence...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How do I fight domestic violence case don’t have a history domestic violence it was a one time incident cps is involved

I’m in no danger. My life is not in danger, nor is my children’s lives in danger. I was the aggressor, and I’m still being made to file falsely against my accuser. My home was split children taken I

Cooperating with everything I was asked from the courts and CPS neither party is... Read more »

James L. Arrasmith
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answered on May 18, 2023

In general, if you believe that false allegations have been made against you and you are being coerced into filing falsely against your accuser, it is important to communicate this to your attorney. They can help you navigate the legal process, defend your rights, and ensure that your side of the... Read more »

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Judge will decide any temporary custody matter?

Wife left home 3.5yo with autism 3 month ago for a DV shelter unknown while filing TRO, reporting police and DCFS. Police n DCFS closed the cases with no finding evidence. DVRO w/minor(DV-100, 105) got twice continuance and the final hearing will be held 10days later. At the last hearing, Judge... Read more »

James L. Arrasmith
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answered on May 16, 2023

Temporary Custody: In cases involving child custody, temporary orders can be issued by a judge to address custody and visitation arrangements until a final decision is made. These orders are often based on the best interests of the child and aim to provide stability and protection during the... Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: Dueling restraining orders, end in a long cause BUT petitioner has stolen my cell phones and erased all evidence. Per se

Long domestic violence history on both parts, nothing physical until the last incident. Petitioner has removed cell phone data and camera evidence, photos, video surveillance of incidents and abuse. Legal aide not available, family law has no pro bono, public defender also not available as criminal... Read more »

James L. Arrasmith
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answered on May 12, 2023

If you can't afford a lawyer and have no access to legal aid or pro bono services, here are some suggestions:

Gather any other evidence you have, such as witness testimonies or medical records.

Present a clear and detailed account of the incidents and abuse during court...
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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What do I need to prepare for a long cause case it's a restraining order case where my abuser bated me and I reacted

I've been in a domestic violence situation for 10 years I've tried to keep my daughter as safe as I can my ex has been showing signs of pedophilia, he started really amping up a few months ago and when I told him he could not do the things that he thought he would and could he told me... Read more »

James L. Arrasmith
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answered on May 11, 2023

Here are some general points to consider:

Seek legal representation: It is crucial to consult with an experienced attorney who can guide you through the legal process and protect your rights. They will help you understand your options, advise you on your rights and responsibilities, and...
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1 Answer | Asked in Domestic Violence, Family Law, Personal Injury and Child Custody for California on
Q: How’s that a repeat offender can get away with violent crimes and acts of violence against me and vialation of my rights

I’m disabled and fighting for my custody from the woman who’s committing fraud and is abusing my rights withholding my child from me and I don’t have any reason to lie about that but I’m unaware of how she’s doing what she is and has done

James L. Arrasmith
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answered on May 8, 2023

It is certainly frustrating and concerning when a repeat offender is able to continue committing violent crimes and acts of violence against someone without facing consequences. It is important to report any incidents of violence or abuse to the appropriate authorities, such as the police or child... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: if asking for a name change , due to stalking incident, can I ask for not posting the incident in the newspaper ?

I think it is called order to show or something along those lines and I wanted to not do it as it would void the purpose of me legally changing my name if I also publish it in the newspaper

James L. Arrasmith
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answered on May 8, 2023

Yes, in California, you can request that your name change petition be sealed from public access, which would include not publishing it in the newspaper. This is commonly referred to as a "Name Change Order to Show Cause Hearing and Order for Change of Name."

When you file your...
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1 Answer | Asked in Domestic Violence for California on
Q: I have an upcoming hearing for DVRO against my husband mainly for his hacking coercive control tactics and altercations.

Because he is a genius software engineer and expert hacker. He has deleted my pictures of my wounded self and he has a picture of himself showing I fought back. How do I make sure judge doesn’t rule in his favor?

James L. Arrasmith
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answered on May 6, 2023

If you are concerned about the judge ruling in favor of your husband in your upcoming hearing for a Domestic Violence Restraining Order (DVRO), there are a few things you can do to try to improve your chances of success:

Gather evidence: Collect any evidence you have to support your claims...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: Is the perpetrator of domestic violence excused from lease deposit/rent in California?

Our co-tenants split up at month 8 of a one-year California residential lease, with one claiming to be the victim of domestic abuse.

The victim has moved out & exited the lease early, citing California Civil Code 1946.7, requesting all the deposit back early as well as a refund on... Read more »

James L. Arrasmith
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answered on May 6, 2023

Under California law, victims of domestic violence have certain rights when it comes to ending a residential lease early. California Civil Code section 1946.7 allows a victim of domestic violence to terminate their lease agreement without penalty if certain conditions are met. These conditions... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: Can I transfer my unused this week visitation to the next week?

Judge granted special supervised visitation for me during the TRO hearing continuance. The judge didn't specify weekdays, but allowed a total of 4 hours over two days per week. These 4 hours can be split as "2+2", "3+1", or "0+4". Unfortunately, we lost one day of... Read more »

James L. Arrasmith
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answered on May 5, 2023

Whether or not you can transfer your unused visitation time to the following week will depend on the specific terms of the court order or agreement between you and your wife. If the order or agreement allows for the unused visitation time to be carried over to the following week, then you may be... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I cannot find out my monitor with my language(Supervised visitation)?

I got special temp visitation yesterday. Judge several times suggested wife for unprofessional monitor, but wife who doesn't know law, persisted a Pro-monitor. now I'm looking for a monitor with my language all day long, but no one in my county. here are my questions, 1) if wife agrees... Read more »

James L. Arrasmith
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answered on May 2, 2023

If you are unable to find a monitor who speaks your language, it is important to communicate this to the court as soon as possible. If the other party agrees to a monitor who does not speak your language, you should inform the court of this and explain why it is important for the monitor to speak... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Court will address custody matter in our case?

Wife left home with child and filed TRO w/ minor child, granted. The hearing was yesterday and continuance for many issues 3 weeks later. The Judge ordered my temp monitored visitation until the next hearing 3 weeks later. Wife has no mother case, like custody petition, divorce, or RFO of custody,... Read more »

James L. Arrasmith
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answered on May 2, 2023

Based on the information provided, it appears that there is some confusion about whether the court will address custody matters in your case. It is possible that the judge will address custody issues based on the DV-140 and DV-125 filings, even without a separate custody petition or request for... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Temporary visitation- Talkingparents

I just returned from a DVRO and custody hearing that has been continued for three weeks, with no decisions made today. The judge granted me supervised visitation through the TalkingParents app, 2 hours per day, 2 days per week. However, my 3-year-old child has autism, which makes a 2-hour phone... Read more »

James L. Arrasmith
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answered on May 1, 2023

If you are finding it challenging to communicate with your child through the TalkingParents app, you may request the judge to consider alternative arrangements for supervised visitation. It may be possible to request in-person supervised visitation, but this will depend on the specific... Read more »

2 Answers | Asked in Criminal Law, Divorce and Domestic Violence for California on
Q: My husband tried to kill me two nights ago. I’m in Portland Oregon. can I come seek safety in la and file charges there

He will kill me or have me killed if I stay here. I need to get far away

James L. Arrasmith
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answered on Apr 21, 2023

If you are in immediate danger, you should call 911 or your local emergency services to get help right away. Your safety is the most important thing.

In terms of seeking safety in Los Angeles and filing charges there, you should first seek assistance from local law enforcement in Portland...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: If a domestic violence charge is dismissed, and the arrest record is expunged, can the person own or possess a firearm?
James L. Arrasmith
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answered on Apr 14, 2023

In general, a person who has been convicted of a domestic violence offense or is subject to a restraining order is prohibited from possessing firearms under federal law. However, if the domestic violence charge was dismissed and the arrest record has been expunged, the person may be able to own or... Read more »

2 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: If domestic violence is consider a crime, a person with irregular status if the violence is verifiable

Is it possible to apply under the "U" visa!?!?

James L. Arrasmith
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answered on Apr 14, 2023

Yes, it is possible to apply for a U visa if the victim of domestic violence is an undocumented immigrant and the violence is verifiable. The U visa is a nonimmigrant visa that provides temporary legal status to victims of certain crimes, including domestic violence, who have suffered substantial... Read more »

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2 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: If domestic violence is consider a crime, a person with irregular status if the violence is verifiable

Is it possible to apply under the "U" visa!?!?

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

Even though you are undocumented, you may be eligible to apply for a U visa.

If you are a foreign-born person who is the victim of a crime and have suffered substantial physical or mental abuse, you may be eligible to apply for U status if you are willing to assist a law enforcement agency...
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