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California Domestic Violence Questions & Answers

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Social Security for California on

Q: I need to know if I can get a job but I'm fairly certain I can i have a brain tumor and i have some cognitive issues

I'm also a victim of abuse for about 80%of my life my niece also got sexual with me over texting there were pictures she sent me without my consent

Dale S. Gribow answered on Aug 16, 2019

need more info.

not sure what you are asking.

whether you can get a job is not a legal question.

if you are a victim of anything you may want to talk to a PI lawyer. They usually offer a free consultation.

they will probably suggest you talk to the police.

1 Answer | Asked in Criminal Law and Domestic Violence for California on

Q: If a court order says Peaceful Contact, can a parole officer make a no contact order?

He was on parole and subsequently arrested and placed on probation for DV. The judge ordered the Peaceful Contact at that time. The parole officer did not place the condition due to the conviction. She placed it because I asked her to help me retrieve a vehicle that was registered to both of us... Read more »

William Jaksa answered on Aug 15, 2019

Yes. The Parole Officer is in charge of the remainder of the sentence and can set conditions.

1 Answer | Asked in Criminal Law and Domestic Violence for California on

Q: Defendant was charged with domestic assault can prosecution convict him if there was no evidence presented in court

He was convicted based on his prior convictions, and false statements in the report he was sentenced to eight years

Dale S. Gribow answered on Aug 14, 2019

need more info

there has to be evidence to convict.

what may have happened was that he was on probation and violated the probation and was sentenced because of that.

1 Answer | Asked in Criminal Law, Domestic Violence, Probate and White Collar Crime for California on

Q: Does my lawyer have my best interest in mind?

I have had a warrant for over a month now due to my probation being revoked for supposedly not reporting contact I had with the police.

My PO advised me to tell my lawyer to schedule a walk in warrant hearing and I did but my lawyer keeps stalling.

First it was to hear the PO's... Read more »

Dale S. Gribow answered on Aug 12, 2019

more info needed.

it is always difficult to second guess another lawyer without knowing what s/he is dealing with.

sometimes certain judges and DA make a big difference and you need both of them at the same time.

1 Answer | Asked in Criminal Law and Domestic Violence for California on

Q: So my parnter and I got into an argument and I left with our son and went to a shelter where I had to get a Tro

So my parnter and I got into an argument and I left with our son and went to a shelter where I had to get a Tro and after had to file a police report I knew he would never hurt me but I felt pressured by family and staff at shelter the man sat in the room with me while taking the report and... Read more »

Dale S. Gribow answered on Aug 4, 2019

more info needed

if there was no judicial order then all is probably good

2 Answers | Asked in Personal Injury and Domestic Violence for California on

Q: I have ptsd now because of all of his he’s done to me.

Abused and raped anything I can do

William John Light answered on Aug 2, 2019

Call the police. Depending on who abused and raped you, you might also have a civil lawsuit. Talk to a PI attorney after you talk to the police.

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1 Answer | Asked in Domestic Violence for California on

Q: What will help get a domestic violence case dismissed and the person not be charge with anything?

Me and my girlfriend got into a fight. The cops were called and statements were taken from both of us. I was not aware I could deny the police taking pictures of me. There were marks and I didn’t know I could say it was verbal between friends so neither of us would go to jail. That’s what she... Read more »

Dale S. Gribow answered on Jul 30, 2019

Every case is unique and more information is needed to properly answer your query intelligently.

Initially, you should not be discussing it on a forum like this. It is too easy for a police investigator to see it and come to the wrong conclusion...that could hurt both of you....
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for California on

Q: My wife and I got into it. She hurt and I hurt her. She got left with marks and I did but the cops found her first

And I ran off because we’ve been through this to many times. We never been charged they’ve been dropped. But they found her with marks and they haven’t seen my condition yet because I had to run to pay bills and take care of my family before anything. I’m afraid my marks will heal and they... Read more »

Dale S. Gribow answered on Jul 29, 2019

more info needed.

take pix of marks while holding up a newspaper so you can see headline and date.

then contact a good criminal lawyer in your community.

1 Answer | Asked in Domestic Violence for California on

Q: Is it illegal to secretly record a conversation in California to prove abuse?

My daughter was dating a man who verbally abused and threatened her. She recorded the conversation which got the man kicked out of his fraternity and got her a campus wide restraining order against him. The man found out about the recording and is now extorting her, saying that if she blocks him on... Read more »

William Jaksa answered on Jul 24, 2019

California is a "two-party consent" state, meaning that both parties must agree to be recorded. There are some limited exceptions to this rule. One of those exceptions being that the person recording the conversation honestly believes that the conversation may provide evidence to a serious crime.... Read more »

1 Answer | Asked in Domestic Violence for California on

Q: I have a retrain order,because I was late to take my son back to his mom I want to know if she get granted this?

Dale S. Gribow answered on Jul 22, 2019

more info needed.

was this the first time? how late?

are you asking whether she reported it?

you should set up a consultation with an attorney in your area.......many will give a free consultation.

1 Answer | Asked in Domestic Violence for California on

Q: My boyfriend was send to jail today becuase of domestic violence he hit me but what can I do to take him out

Dale S. Gribow answered on Jul 10, 2019

much much more info needed.

do you mean arrested or SENTENCED after a plea or trial.

If the later, it is probably something you should have discussed with your or his lawyer already.

1 Answer | Asked in Domestic Violence for California on

Q: I have a restraining order and it doesn't seem to do any good I am still being harrassed

The restraining order is partially granted and yet the person is still harassing me now he is stealing my mail there is not enough space here to tell you all the things he has done and it just scares me no one will stop him he has a case against him for elder abuse yet he still here tormenting all... Read more »

Dale S. Gribow answered on Jul 7, 2019

MORE INFO NEEDED

THE RO IS JUST PIECE OF PAPER AND IF THE ORDER IS VIOLATED NO ONE KNOWS THAT IF YOU DON'T REPORT IT.

DID YOU HAVE A LAWYER TO OBTAIN IT? IF SO CONTACT THE LAWYER.

DID YOU REPORT TO POLICE?

THE STEALING OF MAIL IS NOT JUST A VIOLATION OF RO BUT ALSO A...
Read more »

3 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on

Q: What's the best way to handle an invasive/dangerous neighbor ?

My neighbor throw large & heavy objects/rubbish into my backyard, talks & police didn't help. It was their son (mentally-challenged?) who needs more & closer supervision, his parents seemed NOT doing enough to prevent these "incidents" to happen. They damaged our plants, beddings...besides the... Read more »

Gary Kollin answered on Jul 4, 2019

First, i would install a surveillance recording camera to gather evidence

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1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on

Q: I need a pro bono attorney for a tenant/landlord eviction case, a domestic violence case

I have a restraining order. He filed one back. His mother is retaliatory and trying to evict me from the apartment, and I would like to file a civil suit as well

Dale S. Gribow answered on Jul 3, 2019

you are not asking this on a landlord tenant forum

clearly if you can't afford a private lawyer you should go to legal aid for civil issues and if you are arrest on a DV you need to ask for a public defender when you go to court.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on

Q: my landlord is trying to evict me after I filed a TRO against her son for domestic violence

can she legally evict me? also, they have access to my mail and I do not. also, they want me out but I no longer have access to my things.

Manuel Alzamora Juarez answered on Jun 24, 2019

It looks like they are retaliating against you. File a lawsuit for retaliation. Best of luck!!!

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on

Q: Is it legal for someone to change the locks and not give me a key when I pay rent to him?

I was told to file a restraining order to make him give a key but he hasn't. I haven't taken my meds for breast cancer or PTSD. My uniforms for work are there at the house. All I have is the dress and sandals I left in. When I went there with the police he literally tossed my lap top and some item... Read more »

Dale S. Gribow answered on Jun 21, 2019

what he did was wrong based on the limited info you provided.

he has to give you 3 days notice to quit and then file an unlawful detainer with the court.

did you call the police and did they say it was civil?

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2 Answers | Asked in Criminal Law and Domestic Violence for California on

Q: My brother was remained at court on 06/04/2019 for violating his Restraining order to stay away from his ex-wife.

Well the reason the judge said he violated his Restraining order is because he had to drive through this street that happens to pass by the street his Ex-wife lives on in order to get to his job he was currently working at. He does land escaping so he works all over. So my question is how is it... Read more »

Gary Kollin answered on Jun 6, 2019

Remained or remanded?

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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for California on

Q: what can i do to cease and desist harassment from a sibling?

I have a sibling whos been harassing me 10+ yrs she is making false police reports death threats aginst me to my kids, malice slandering (defamation of character). threats to my kids saying shes gonna have me in jail for life kill me etc Cant hold a job im so stressed I need a attorney but im a... Read more »

Dale S. Gribow answered on May 28, 2019

MORE INFO NEEDED

I DON'T DO THIS KIND OF WORK BUT MAYBE YOU SHOULD CONTACT LEGAL AID.

1 Answer | Asked in Civil Rights, Domestic Violence, Education Law and Sexual Harassment for California on

Q: how to get justice

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Dale S. Gribow answered on May 23, 2019

more info needed.

it does not sound illegal.

what is the basis of your objection?

if you felt something was wrong then report it to the teacher, counselor or principle

1 Answer | Asked in Domestic Violence for California on

Q: If I missed my date to sign in to start my Hard labor program and have a new court date. Can I use the same paperwork.

To enroll and complete before my upcoming court date?

Dale S. Gribow answered on May 6, 2019

more info needed

contact the lawyer who represented you on this matter as s/he knows the facts and the judge and how he might react to what you did or didn't do.

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