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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »

3 Answers | Asked in Consumer Law and Domestic Violence for California on
Q: what is the law on how to get someone removed from your house if they are not willing to leave. They do not pay rent

The do not have mail coming here. I want to end my relationship with them. I have served them with a 30 day eviction notice.. The house hold is unhealthy for me and my child.

Mirko Ivanovic
Mirko Ivanovic answered on Jun 25, 2020

The eviction process in California is administered by the Superior Court of the State of California. A landlord must begin the eviction process and California law requires all persons residing in the property be served with a notice of eviction. Terminating a month to month tenancy can be... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can I pick up my daughter?

My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

You can NOT pick her up IF the court order says you can't, but the problem is you don't know until you read it. So to read it, you need to see a copy. Ask your parents to send you an email with the order attached. Ask them for the name and phone of their lawyer and call the attorney... Read more »

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2 Answers | Asked in Domestic Violence for California on
Q: So I was arrested for domestic violence but my case was dismissed and thrown out

And my family member is telling me that I do not have my gun rights because of a federal law about domestic violence I was never told anything from anybody that I talk to when I was told that everything was dismissed and thrown out I was never told that my rights were taken away and I'm just... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 21, 2020

more info needed.

the one who would have more info is your lawyer.

was as thrown out and not filed.

was it filed and a plea deal to dismiss?

was it thrown out after motions or trial?

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1 Answer | Asked in Domestic Violence for California on
Q: married 21 years judge ordered my divorce in 2002 my life was in danger my ex makes good money but i never got alimony

i been homeless for 18 years now i feel like giving up my ex always win

Chris M. Bradford
Chris M. Bradford answered on Jun 19, 2020

First you MUST get a copy of the court order for the divorce. It is called the "Judgment." You can get this in the records department of the courthouse where the divorce was granted. The cost is 50 cents per page. You can also get the records for free, but you first have to fill out... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What will most likely happen with him?

I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has... Read more »

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2 Answers | Asked in Domestic Violence for California on
Q: My wife has a restrestraining order, let me stay then throws me out

She got order a few months ago, I left. Then covid came. She got worried and let me stay with her and my son, today she got upset and threw me out. There has been no abuse and not sure if cops were called

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 14, 2020

Get out right away. You could eventually end up in jail for violating the restraining order.

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3 Answers | Asked in Domestic Violence and Immigration Law for California on
Q: abusive spouse threatening to sue me and take away my citizenship

Question

I’m from Brasil, I got married at 18 from tourist visa and got citizenship, now at 25 I want to leave my husband and he threats

Hi, I got married very young when I was 18, I met someone online when I was 17 and he led me to come to USA and get married because we were in... Read more »

Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Jun 13, 2020

Hi, your citizenship cannot be taken away for leaving an abusive situation. Do not be afraid to contact the police.

VAWA protects women who are abused (verbally, physically, emotionally, economically) by US citizen spouse. so even if you didn’t have papers, you can still leave and self...
Read more »

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1 Answer | Asked in Domestic Violence for California on
Q: I filed for a restraining order in California. She lives in Colorado.

I hired someone to serve her and we have a court date at the end of June in California. Does she have to show up physically to court or would she be able to call in?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jun 3, 2020

I BELIEVE SHE CAN CALL IN BUT SHE HAS TO CONTACT THE COURT'S CLERK TO MAKE ARRANGEMENTS.

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can the judge separate me and my boyfriend if there was domestic violence with kids involved ?
Dale S. Gribow
Dale S. Gribow answered on May 28, 2020

more info needed.

i am not a family lawyer and you should not be discussing sensitive info like this on an open forum.

i assume the court was concerned for the safety of the kids but I don't have the info.

you need to consult with a lawyer in your community to get...
Read more »

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1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for California on
Q: I have a question there was an interval toon with me and my dad gf, my dad was in between us, in the process she grab

I have a question there was an altercation between me and my dad gf, my dad was in between us, in the process she grab, My neck with both her hands, and in self defense I push her, my dad continue to hold her and fell down and broke her pinky finger, it’s been about two months, and she’s been... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2020

much more info needed.

you probably should not be discussing this on an open forum.

you need to make an appt with a lawyer if you can afford one.

in that regard, I would encourage you to write out a detailed summary of the facts so that the lawyer does not have to play...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: if my ex put a domestic restraining order on me what do I do to fight back? he is trying to start paperwork to take

kids from me, when in fact he has corprl punishment . Him and his family are trying to take my kids.

Dale S. Gribow
Dale S. Gribow answered on May 20, 2020

a lot more info is needed.

The first thing you should do is make an appointment with a lawyer in your area who handles this area of law.

3 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: Am I guilty of aiding and abetting?

My wife has a mental illness. She became aggravated and tried to kill my eldest child, an adult. I prevented the murder. She inadvertently hurt her minor child as well. Do I need to report the attempt?

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on May 17, 2020

Y

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for California on
Q: Would a victim be in trouble if she spoke to the offender's family?

My ex is in custody right now after being charged for an attempted murder and a violation of restraining order. I also reported him for domestic violence after being pushed by a detective.

Prelim is happening in July and I was just wondering if I would be in trouble if I talked to his ex... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 9, 2020

i would want more info before i answered that......

the fear is that the police/DA would think you are trying to tamper with a wit.

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Were the acts of my estranged spouse’s public defender improper or acts of misconduct?

I’m in the middle of divorce due to domestic violence. Spouse has been served divorce papers & civil & criminal restraining orders. Last month, I filed my taxes as Head of Household & claimed my 4 kids. Also last month, he tried to steal my identity in order to attempt to reroute my... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 8, 2020

more info needed.

i am not sure what you think was improper.

if a lawyer does anything wrong, the Calif state bar oversees and you can contact them.

i suspect the PD is just trying to do what is in the best interest of his/her client, while still following the law.

2 Answers | Asked in Domestic Violence for California on
Q: My husband committed domestic violence. He has no status he has court, my question is will he get deported?

He did it under the influence of alcohol we are currently separated because a protection slip.

Dale S. Gribow
Dale S. Gribow answered on May 2, 2020

more info needed.

this is a question better asked of an immigration lawyer not a criminal lawyer.

i doubt if the California criminal court would deport but the facts would be controlling.

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1 Answer | Asked in Domestic Violence for California on
Q: can a restraining order violation be dismissed if the the restraining order is dissolved before the court hearing

I filed for a restraining order to be dropped today. Two days ago the defendant was arrested for violating the order during a child exchange because the exchange took place out-of town and I invited him to have lunch with us in a secluded area (due to Covid) before he headed back home. His court... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 30, 2020

more info needed.

but, yes there is a chance with an experiences lawyer who could talk to DA or opposing counsel

2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: 3 strikes? Even if in different counties?

My ex has 2 prior felonies and in march had been charged w domestic violence against me when i had to go to the ER he was never arrested because he didnt get caught (this was riverside county) then last week he got arrested for domestic violence and gun possesion ( san bernadino county) he is... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2020

more info needed.

i don't think it makes a difference what county, let alone what state.

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for California on
Q: Can Children’s court keep a case open until next year due to COVID 19 my case is supposed to be dismissed on the 24th

My case has been on going since last year July 2019,I’ve done everything the court has asked for me and my children .Now because of the COVID 19 crises there pushing back my court date until February of next year 2021 .Are they allowed to do this .This has caused me to lose my job and them... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 18, 2020

more info needed.

i assume you have a private lawyer or court appointed. Ask that lawyer who has all the facts.

courts have authorized this exception to statute rules.

in Indio our courts reopen May 1........ask your lawyer to put the matter on calendar for may or June to address this.

2 Answers | Asked in Domestic Violence for California on
Q: Can someone on the other side ask me not to get involved?
Dale S. Gribow
Dale S. Gribow answered on Apr 16, 2020

not sure what you are asking.

more info needed.

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