Get free answers to your Domestic Violence legal questions from lawyers in your area.
In February 2025, a judge signed our divorce settlement stipulation order. My spouse is now changing the terms, which were not part of the original agreement. Specifically, he has not complied with payments, the return of my belongings, and my child's passport. The original stipulation... View More 
answered on Apr 28, 2025
To enforce the original terms, filing a motion to enforce the order is a primary strategy. This motion would compel compliance with specific obligations, such as the return of your belongings and the child’s passport. Alternatively, initiating contempt proceedings may be appropriate, as... View More
If you invited your ex-boyfriend into your home but later revoked the invitation and asked him to leave, he refused and became aggressive, leading to a physical altercation where I used pepper spray in self-defense. Law enforcement responded to a 911 call and arrested me for domestic violence.... View More
answered on Apr 27, 2025
Yes. An ex-boyfriend's refusal to leave after invitation revocation can be trespassing. This doesn't mean you can just bear-mace him. You didn't mention why you asked him to leave. The police and prosecutor have determined you broke the law. You will need to convince the jury otherwise.
I represented myself in a combined Domestic Violence Restraining Order (DVRO) and modification of custody hearing. Although the claims of domestic violence were false, I lost because I didn't know how to present my case. The petitioner's original DVRO request didn't include custody... View More
answered on Apr 28, 2025
The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More
My boyfriend's 12-year-old daughter is involved in a custody case where her mother hired a lawyer following the receipt of custody hearing paperwork, leading to $3000 in lawyer fees. Her mother told her she wouldn't receive birthday presents due to these fees. The child has expressed... View More
answered on Apr 28, 2025
California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More
When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal
answered on Apr 25, 2025
Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More
I am seeking advice on filing a lawsuit in California for Intentional Infliction of Emotional Distress and Elder Abuse. The wrongful acts have been ongoing for over 15 years and have worsened. As a 77-year-old plaintiff, I have suffered extreme emotional distress due to this conduct and can... View More
answered on Apr 21, 2025
To pursue an IIED claim, you must demonstrate (1) extreme and outrageous conduct by the defendant, (2) intent or reckless disregard for causing emotional distress, (3) severe emotional suffering, and (4) a direct causal link between the defendant’s actions and your distress, as established in... View More
I am a self-represented single mother with a pending hearing for a personal restraining order. The restrained person showed physical aggression by closing a car door on my leg, and I immediately filed to add my child to the restraining order. However, it was denied. Given that the hearing was moved... View More
answered on Apr 17, 2025
To include your child as a protected party on the restraining order, you do not need to file for contempt. Instead, you should request a modification of the existing restraining order. California law allows for such modifications through the filing of a Request for Order (form FL-300) and a... View More
I was involved in a situation where my girlfriend physically attacked me during an episode, and as I tried to leave our apartment, she threw a knife at me, causing a significant injury. Despite being the one injured, the police arrested me for domestic violence based on her claim that I initiated... View More
answered on Apr 15, 2025
Under California law, a claim for wrongful arrest requires demonstrating that the arrest lacked probable cause (Penal Code Section 836). In your case, the existence of video evidence from a neighbor’s security camera and witness statements corroborating that your girlfriend attacked you with a... View More
I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More
answered on Apr 15, 2025
In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More
I plead no contest to violating a court order because I did break it; however, I believe the restraining order should not have been issued in the first place. The order was obtained by my stepmother after an incident where I was recorded, but I recall being under significant stress due to a... View More
answered on Apr 15, 2025
To challenge the restraining order, you may pursue an appeal if the 180-day period under California Rules of Court, rule 8.104(a)(1)(C) has not expired, especially if proper service of the order was not established (In re Marriage of Lin, 225 Cal. App. 4th 471). Alternatively, you can file a motion... View More
I am an adult who lived with my father and step-mother in Sacramento, CA. They initially agreed to help me get my life together and communicated this via emails. They have guardianship of my minor child through the court, with a court order outlining visitation rights, which they are not following.... View More
answered on Apr 15, 2025
For the sexual assaults, you have options to seek justice both criminally and civilly. Reporting the incidents to law enforcement can initiate a criminal investigation, potentially leading to charges under statutes like § 261 (rape) or § 289 (sexual penetration). Civilly, § 340.16 allows you to... View More
I am a woman and pushed my ex-girlfriend away on two different occasions at separate parties—once a month ago and once ten days ago. Both times she was provoking me by trying to talk to me. There were no injuries, but her father contacted me today, saying he reported me. There were witnesses who... View More
answered on Apr 8, 2025
Hello, I am glad to outline the potential implications and steps you can take.
In California, pushing someone can indeed lead to charges, even if no injuries result. Under Penal Code Section 242, battery is defined as the willful and unlawful use of force or violence upon another person.... View More
I am the victim in a DA case, and a Civil Protection Order (CPO) was issued by a judge in court under a penal code three weeks ago. I don't want this CPO as I'd like to be able to see and talk to my fiancé. We have an upcoming court date on May 27. The incident involved my fiancé being... View More
answered on Apr 7, 2025
Dear Fullerton Resident,
I am more than happy to provide guidance on your question regarding how to request the lifting or modification of a Criminal Protective Order (CPO) issued in your domestic violence case in California. As the protected party in this matter, I understand your desire... View More
I rented a house with the mother of my daughter, with her signing the lease first and me second. At that time, I was the sole breadwinner, covering most of the deposit and bills, while even having to get early paychecks to secure the house. Now, she has a restraining order against me, alleging... View More
answered on Apr 7, 2025
Regarding your rights to the rental house, California law under the Domestic Violence Prevention Act allows courts to issue orders that may temporarily exclude one party from a shared residence, even if both parties are on the lease or have made financial contributions. In Nicole G. v. Braithwaite... View More
I'm currently on felony probation in Sonoma County, CA, for domestic violence and DUI charges. I have a separate court case in Lake County, CA, where I am being offered a plea deal for a two-year sentence for auto theft. I would prefer to serve time in state prison rather than county jail.... View More
answered on Apr 4, 2025
Your current felony probation status in Sonoma County for domestic violence and DUI charges does impact your sentencing eligibility in your Lake County auto theft case, where you’re offered a two-year plea deal and prefer state prison over county jail. Under California Penal Code § 1203, if the... View More
I am concerned about an inmate who was previously diagnosed with schizophrenia while incarcerated for three years and was released three months ago. Since his release, he has not received adequate mental health treatment and experienced episodes leading to new charges, including false imprisonment.... View More
answered on Apr 9, 2025
Dear Bakersfield Resident,
Given the inmate’s schizophrenia and recent episodes leading to charges like false imprisonment, one option is to pursue mental health diversion under Penal Code Section 1001.36. This program allows defendants with qualifying mental disorders to have charges... View More
I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More
answered on Feb 27, 2025
You may have a claim against the ex... but I don't think the woman has any legal "duty" to you... which is a necessary element for a personal injury claim. Duty can be established by a special relationship... which clearly exists between the ex... and the woman. But your special... View More
I recently resumed a relationship with my partner, during which time he was involved with another woman. She later informed me that she has STDs and intended for him to contract them, knowing he might return to me. I have ordered testing for myself and am experiencing symptoms, suggesting I may... View More
answered on Feb 27, 2025
You might be able to sue him if he was aware of what he had knowing he might transmit it to you. State laws vary so you should contact a personal injury attorney in your state to discuss. In California we have handled similar type cases but if you are in another state the laws might be different.... View More
I am facing false accusations from my spouse, who is constantly making claims to have me arrested. There are no legal proceedings or witnesses, but I have kept video recordings of my spouse’s behavior and accusations. How can I avoid arrest in this situation?
answered on Feb 15, 2025
This will pretty much come down to the accusations themselves, and what your spouse claims to the investigating officers. Domestic abuse has a wide range of factors and this alone could trigger an arrest. So long as the recordings you have (which we are assuming were made while your spouse was... View More
i am in a custody battle. parenting alienation. now i am charged with domestic violence (false claims) i was assaulted first with a bloody mouth. and I was seen trying to deflect her blows which appeared to be me hitting her. a restraining order was filed. my childs mother alleges she is scared of... View More
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answered on Jan 31, 2025
This is a complex legal situation involving custody, parental alienation, false allegations of domestic violence, and a restraining order. Given the high stakes, you should consult an experienced family law attorney and possibly a criminal defense attorney as soon as possible. However, here are... View More
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