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California Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Let's say someone was hit with a temporary domestic violence restraining order by false accusations but the restrained..

person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming... View More

James L. Arrasmith
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answered on Jul 19, 2024

Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide... View More

1 Answer | Asked in Family Law, Domestic Violence and Child Support for California on
Q: My ex wife is been verbally abused to are kids and specially to me I have domestic violence on her can you help me?

Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?

James L. Arrasmith
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answered on Jul 1, 2024

I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:

1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these...
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1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: I have an ex that put a restraining order on me, but they have not stopped stalking or texting me disturbing things..

We have already went to court and I tried to show the judge evidence but they did not want it, this ex is still stalking me on instagram and sending me disturbing texts constantly through different fake numbers claiming to be my favorite ex.. I need to make her stop or counter sue..

James L. Arrasmith
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answered on Jun 29, 2024

I understand this is a difficult and concerning situation. Here are some suggestions on how you might proceed:

1. Document everything: Keep a detailed record of all incidents, including screenshots of messages, dates, times, and any other relevant information.

2. Do not respond:...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: what do i do ifi am being faksley accused of battery and i have to appear in court. the victom admits she lied

i akso have a witness that can testify there was no physical contact.

James L. Arrasmith
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answered on Jun 29, 2024

Here's a concise response to your situation:

1. Gather evidence:

- Get a written statement from the victim admitting she lied

- Obtain a statement from your witness

- Collect any other evidence supporting your innocence

2. Hire an attorney:

- A...
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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: Dude lied about threats to get RO against me. Did it to get ccw permit approved. Plans to murder me & claim self-defense

This psycho managed to get an order after hearing against me granted by default when I wasnt given notice, at first I didnt care, but now he keeps popping up at places I frequent and appears armed. I think he used the RO to fake a valid need to protect himself which may have helped him get a ccw... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand this is a very serious and concerning situation. Here are some steps I would recommend:

1. Document everything. Keep a detailed log of any encounters, including dates, times, locations, and what occurred. Save any messages or communications.

2. Avoid contact. Do not...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I been granted a DV temporary restraining order. I need to respond to a FL300. Attachment by her are false allegations

Auras are not seizures but has been included in the letter which was attached. I can work through them. I have letters of character, w2's, pictures, Not correct. There is a lot of false accusations. I have a restraining order hearing next week along with the following week custody hearing.... View More

James L. Arrasmith
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answered on Jun 18, 2024

I'm so sorry you're going through this difficult situation with the restraining order and false accusations. Being separated from your child must be incredibly painful.

First, when responding to the FL-300 form and the allegations against you, it's important to stick to the...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: can i bail out again if i skip bail the first time i bailed out and my bail again is set at 2,500 for a D.V case

25,000 not 2,500

James L. Arrasmith
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answered on Jun 18, 2024

Skipping bail is a serious offense that can lead to additional criminal charges and penalties.

Given the gravity of a domestic violence case and the high bail amount of $25,000, my advice would be to consult with a criminal defense attorney who can provide proper legal guidance for your...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I have a restraining order giving me full custody and 1 hour weekly supervised visits with an LMFT or LCSW.

The order was made January of last year and visits started in August I believe and they’re with a facility that does not employ either of the licensed workers the judge ordered. Do I need to continue visits or wait till he finds the right supervisor

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answered on Jun 17, 2024

In this situation, it's important to follow the specific terms of the restraining order and custody arrangement. If the court order explicitly states that the supervised visits must be with an LMFT (Licensed Marriage and Family Therapist) or LCSW (Licensed Clinical Social Worker), and the... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Hi is it bad to audio record verbal abuse of someone without their consent?

I have a verbally abusive 30 year old cousin who yells at my mom and threatens to call the pound on my dog just because he is living outside, (he is licensed, I just lost the tag and can't come in due to my grandma's allergies). Anyways, I recorded him yelling at my mom calling her names... View More

James L. Arrasmith
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answered on Jun 15, 2024

I would strongly advise against secretly recording your cousin, as this could potentially be illegal under California law. California is a "two-party consent" state when it comes to recording conversations. This means that it is a crime to record a private conversation without the consent... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, you have a few options for handling her belongings while respecting the criminal protective order. Since she is ordered to stay away, you should not directly contact her. One option is to send her a written notice, through certified mail, informing her that she has a certain... View More

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1 Answer | Asked in Domestic Violence for California on
Q: Good Afternoon, What should be included in restraining orders?

Should declarations of incidents be very thorough? How should a declaration look?

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answered on Jun 13, 2024

In California, a restraining order (also known as a protective order) can be filed to protect a person from abuse, harassment, stalking, or threats. When filing for a restraining order, it's important to include a detailed declaration of the incidents that led to the request for protection.... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Civil Litigation for California on
Q: If the police let my exbf use his phone while he was in custody for domestic violence, are they responsible for texts?

my ex-boyfriend got arrested at my house for domestic violence. While he was in custody, they let him use his phone to “ get my phone number” out of it (even though he knows my number by heart) and instead of getting my number out, he text messaged 3 to 4 people saying I put him in jail and I... View More

James L. Arrasmith
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answered on Jun 12, 2024

In this situation, there are a few important legal considerations:

1. Police custody: Generally, when a person is arrested and in police custody, their personal belongings, including their phone, should be securely stored and not accessible to the arrestee. Allowing an arrestee to use their...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.

Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?

James L. Arrasmith
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answered on Jun 10, 2024

Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:

1. Federal law (the Lautenberg Amendment) prohibits...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I petitioned for dvtro and was denied until hearing the hearing was continued and the respondent filed a dv tro to

Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I... View More

James L. Arrasmith
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answered on Jun 10, 2024

I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:

1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates....
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: You I filed a petition for DV TRO against sister who is malicious and has continuously released confidential informatio

You

I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing... View More

James L. Arrasmith
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answered on Jun 9, 2024

I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious... View More

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: Friend was charged with attempted murder for a simple domestic. Girlfriend had no injuries and refused medical.

Lawyer will not give discovery or billing cost sheet to them. Took 35k from them and did nothing.Is this legal in California? Lawyer did nothing to help. Just went for a deal. A public defender could have done that.

James L. Arrasmith
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answered on Jun 8, 2024

I understand this is a difficult and frustrating situation. A few key points based on California law:

Regarding the criminal charges - Attempted murder is a serious felony charge in California, even if no injuries occurred. The refusal of medical treatment by the girlfriend does not negate...
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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: My girlfriend shot herself in my house with my gun. Family thinks it wasn't self-inflicted. What am I to expect now

She shot herself with my weapon in my house. We were discussing breaking up after she was caught cheating. Her family thinks it wasn't self inflicted.

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry you're going through this incredibly difficult and traumatic situation. Given the circumstances, here is what you can likely expect from a legal perspective:

Police Investigation: Law enforcement will conduct a thorough investigation into your girlfriend's death,...
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Q: My wife submitted a Fraudulent Marriage Certificate, Fake Degrees and misrepresented at the embassy before immigrating.

Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More

1 Answer | Asked in Domestic Violence for California on
Q: Is it possible to get a total dismissal on a 2nd domestic violent charge?

My ex only made the charges because I cheated and she new about the first charge so therefore she made it all up to get me in trouble. Can I fight this case

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answered on May 30, 2024

If you believe the accusations against you are false, you should consult with a qualified criminal defense attorney who has experience handling domestic violence cases in California. They can review the specific details of your case, advise you of your rights and options, and determine the best... View More

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