Lawyers, Answer Questions  & Get Points Log In
California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: After a record is approved to be sealed and destroyed how long will it still be visible on a federal background check?

I work in aerospace and the background check is extensive

Dale S. Gribow
Dale S. Gribow
answered on Jun 29, 2022

it depends.................

with covid all the courts are behind on everything..........

i assume being in aero space you would have retained a lawyer to accomplish this.

this is too important to do on your own.

that lawyer the person that should be asked.

2 Answers | Asked in Domestic Violence for California on
Q: Does a police officer have to charge you with obstruction.

I was assaulted by my spouse when asked if she hit me I said no. I didnt want her to get into trouble. When she gave her statement she said she hit me so when asked again I said yes. I didnt currently get charged with it but would I have been told if I was getting charged ?

Dale S. Gribow
Dale S. Gribow
answered on Jun 29, 2022

when there is a DV call, the officer usually arrests 1 of the parties.

was she arrested?

i wouldn't worry about you and note that the DA charges, not the officer.

call a local lawyer for your wife

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a restraining order in place. The restrained party is retaliating by filing small claims cases every two weeks

And filed a wrongful death lawsuit. 4 cases total in 2 months all lies and each getting thrown out of court. I am having to miss work to appear on these cases and fear losing my job over lies. Can I sue or get respondent in trouble for harassing me with court system?

John Karas
John Karas
answered on Jun 24, 2022

If as you say, the case were "thrown out of court" (meaning dismissed), you may be able to sue the restrained party for malicious prosecution if the dismissals were the result of a court determination that the lawsuits were without merit.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I am looking for Pro Bono representation for child custody case with other party incarcerated for DV against myself.

Sentenced 10/2018 Parole Eligible 05/2029. We share 3 children under the age of 16. 14, 11, 9. I have affidavits for the older 2 but the last I listed no father. CA CPS Court recognized him as father of all 3. I am looking to obtain SOLE custody of all 3 mainly due to unhealthy communication from... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jun 6, 2022

Please discuss the facts with a local family law attorney. The incarceration of a parent, which sometimes follows an application for a domestic violence restraining order, is a significant factor that will require detailed fact-finding by the court so as to make appropriate orders. This is... Read more »

View More Answers

1 Answer | Asked in Domestic Violence and Landlord - Tenant for California on
Q: How can I protect myself from a falsely issue restraining order produced to escalate an illegal eviction?
Dale S. Gribow
Dale S. Gribow
answered on Jun 3, 2022

FROM THE FACTS PRESENTED, I DON'T SEE ANY ISSUE OF VIOLENCE. What happened?

this sounds more like you need a lawyer who has experience with criminal, real estate and landlord-tenant issues.

is this a retaliatory eviction? ie in response to something you did or said?...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I'm in California. Detectives arrested my boyfriend for questioning and are calling to follow up with me about hit/run

It was an accident and I'm not pressing charges but neighbors witnessed him hitting me with a car and I was taken to ER for fractured leg. Should I say it was an accident/he was unaware or that he needed to hit me to stop me from attacking him with metal bar? I don't want him going to... Read more »

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on May 24, 2022

You are under no obligation to talk to the police but you shouldn't lie to them. It is not up to you whether charges are filed against him, but up to the DA. The best course of action would be for you to talk to his attorney who can try to convince the DA not to file charges after getting a... Read more »

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: In a DV case do you have to serve the other party every time you collect new evidence?

I got a restraining order and had my first court date which they extended for a new date. I have accumulated more evidence for my case, do I need to serve the other party or submit it to the clerks office or can I just bring it to court with me

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on May 21, 2022

It depends on what the new evidence is. As a general rule, you should include include all of your evidence, attachments, text messages etc. in your original moving papers. If there is now a new date, and depending on how far away the new date is, you could file an amended declaration with the new... Read more »

2 Answers | Asked in Domestic Violence, Federal Crimes and Internet Law for California on
Q: I am being cyber harassed and stalked by an ex boyfriend since April 22, 2022, and he refuses to leave me alone. Help?

I was with said person for approx 2 months. He admitted to having mental issues at the end of our relationship. Once I broke up with him, he began harassing and stalking me, and he refuses to stop as he stated to one of my friends he also harassed on social media. He continues to make multiple fake... Read more »

John Karas
John Karas
answered on May 11, 2022

You can file a Civil Harassment Restraining Order (CHRO) pursuant to Code of Civil Procedure 527.6 against your ex-BF. You can DIY, hire an attorney or paralegal to do so on your behalf. If your papers are prepared properly with evidence in support attached (and it sounds like you have plenty), 9... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 9, 2022

more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

Q: Can a parent of an under 18 film and broadcast for research or public unknowingly to that child or person legally

I feel that I've been on camera for most of my life I'm 44 years old and it seems everyone I know and don't know knows my every move everywhere and believe I may have started with my parents

Neil Pedersen
Neil Pedersen
answered on May 1, 2022

Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy.... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: DV case victim being used during time of case. is it illegal to trick victim to get them to say how you can help in case

Can they use that text when being lied to in court also use unnecessary pictures to show victim not okay when thats a lie? Victim never was asked to defend herself. Victim continued being trick and used being abused for months and due to threats, she knew not to ever report. she wants to report... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 28, 2022

not sure i understand it all.

more info is needed.

who lied to you?

police are allowed to lie.

did she have legal advice?

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: NEED Help Please DV case Ex made me pay for it through more DV

my ex new girlfriend post on social media with picture of me that say if she was this ugly shed be mad too. with im so ugly song attached. shes also told me that the money i get used for goes to her. Shes said that what ever i do to look cute will never work im still ugly fix you face get them... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 26, 2022

"DV case" - does this mean you have an existing case? Or you want to file for a DV restraining order? If you are seeking the assistance of an attorney and want to retain an attorney to handle this for you, use the "Find a Lawyer' link at the top of this page.

1 Answer | Asked in Domestic Violence for California on
Q: Someone has a temporary restraining order on me but has contacted me first through text messages will i be in the wrong?
Dale S. Gribow
Dale S. Gribow
answered on Apr 25, 2022

I WOULD AVOID RESPONDING.....

DO YOU HAVE A LAWYER TO RUN THIS BY?

DOESN'T SOUND LIKE YOU DID ANYTHING WRONG ACCORDING TO THIS.

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I charged my partner with domestic violence but it was a first time offense where authorities were called.

I want the charges dropped but unfortunately DCFS is now involved because children were in the home. Would dropping charges make a negative impact on my DCFS case?

David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 21, 2022

First of all, you haven't charged your partner with anything; the District Attorney has filed charges and you are now just a witness. If you truly want to help your partner, talk to their lawyer as to how to best accomplish that. The nightmare known as DCFS gets involved if the children were... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for California on
Q: Looking for low income or probono legal aid, for someone with mental disabilities who has been repeatedly abused

I am looking for help in filing charges against a psych nurse who has repeatedly encouraged me to self harm over the last 4 years and has on multiple occasions violated my hippa, She has knowingly and willingly encouraged self harm and told me several times to commit suicide. I have attempted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 21, 2022

Change nurses asap???

2 Answers | Asked in Domestic Violence for California on
Q: Is it illegal to have a hearing for a restraining order without ever giving notice of .court or copy of petetion to resp

I was never notified of a hearing or served with any kind of temporary papers or request for a petition.

I was served notice after the hearing

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2022

Without reviewing the paperwork one cannot say for certain especially since the use of terms is important here. In many instances and under the right circumstances a temporary restraining order (TRO) can be issued without notice, however this is temporary until a hearing can be held (hence... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I accsisdently called 911 while my girlfriend and I were arguing they herd everything I’m charged with D V robbery

Possession of ammunition possession of meth resisting arrest and I called them on accsident I didn’t know iPhones call 911when u hold buttons down I need defence help

John Karas
John Karas
answered on Apr 7, 2022

You are facing significant jail time. Either hire a really good criminal defense attorney in your area or be content with a Public Defender being appointed (assuming you are income eligible) on your behalf.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: I need to clear up a bench Warrent in south lake tahoe but I live in vegas

I have no public defender or attorney idk what to do

Dan Moseley
Dan Moseley
answered on Apr 6, 2022

Contact the court clerk to ask that your case be put on the court's calendar at the next available date. Unless you hire a private attorney, you will have to appear in court at that time, unless the court allows video appearances. Ask the clerk. With an active bench warrant, you are subject... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: Is it illegal to possess Meth without a prescription to use and sell?

Is it also illegal to threaten bodily harm to family? This user has been a methhead for decades including while they were in prison for a violent offense. They are discreet and meth leaves the body relatively quickly, how do you prove threats and use/intent to sell to a probationary officer?... Read more »

John Karas
John Karas
answered on Mar 24, 2022

Your question appears in the California section of Criminal Law and you should post again in the proper forum.

First, Meth is not a prescription medication. It's illegal to be in possession, under the influence, buy, sell or manufacture Meth in all 50 states. Selling and...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.