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Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: TRO Against Husband Was Not Served, But Husband Appeared To Hearing!

A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More

Martha Bronson
Martha Bronson
answered on Jan 21, 2024

You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: TRO Against Husband Was Not Served, But Husband Appeared To Hearing!

A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, when a Temporary Restraining Order (TRO) is granted, proper service is typically required for the order to be enforceable. However, in your case, where the husband has actively participated in the process despite not being formally served, the court may consider this as... View More

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1 Answer | Asked in Civil Litigation and Domestic Violence for California on
Q: Ex leveraging me to pay him for gifts, breast Augmentaion i got he wanted. Wont give me my things back.

I left because of domestic Violence, made police report already.

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, if you've left a domestic situation due to violence and your ex-partner is withholding your personal property, there are legal steps you can take. First, it's important to understand that personal property you owned before the relationship or acquired independently... View More

1 Answer | Asked in Family Law, Domestic Violence, Federal Crimes, White Collar Crime and Criminal Law for Georgia on
Q: I saw pattern organized crime from now ex boyfriend & his dad. They targeted, recruit, drug dealers, White cc/ embezzle

Hx of killing, stealing, play victim social psycho criminal narc. Locked me up as escapgoat, to throw sherriff off them I witness to much. My now ex boyfriend threatened to kill me and his son. I was told my ex boyfriend is reason; his son in prison and my (ex boyfr) threatening to kill his son... View More

James L. Arrasmith
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answered on Jan 21, 2024

I understand that you're in a difficult and potentially dangerous situation involving organized crime and threats. If you have credible information about criminal activities, your safety and the safety of others are of utmost importance.

In cases where someone in prison faces threats,...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Judges forced child back to her abuser twice and limited my rights for trying to protect. There's proof of child abuse

Two judges in same county seem bias and are failing to protect . Lied to my child in remote hearing to get her back there,threatened me with child abduction unit and denied child counsel, she's being punished for speaking up and doesn't trust anyone now. Can anybody do anything? No legal... View More

James L. Arrasmith
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answered on Jan 21, 2024

Under California law, if you believe that a judge is acting with bias or failing to protect a child, there are steps you can take. Firstly, consider filing a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct and can take... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: Rescheduling DVRO Hearing to an Earlier Date

I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.

1. Can I file form DV-115 to... View More

Martha Bronson
Martha Bronson
answered on Jan 20, 2024

Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for California on
Q: Rescheduling DVRO Hearing to an Earlier Date

I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.

1. Can I file form DV-115 to... View More

James L. Arrasmith
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answered on Jan 20, 2024

Under California law, you have the option to file Form DV-115, the Request to Continue Court Hearing and to Reissue Temporary Restraining Order, to reschedule a Domestic Violence Restraining Order (DVRO) hearing. This form is typically used to request a postponement of the hearing, but it can also... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was detained but not arrested and no charges were filed. But I called the bail bonds to bailout but I got a detention

But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?

James L. Arrasmith
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answered on Jan 19, 2024

In California, if you were detained but not formally arrested and no charges were filed against you, and you contacted a bail bond company for assistance, the situation regarding a refund depends on the terms and conditions of the bail bond service. Typically, bail bond companies charge a... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: I was detained but not arrested and no charges were filed. But I called the bail bonds to bailout but I got a detention

But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?

T. Augustus Claus
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answered on Jan 19, 2024

In California, if you were detained but not arrested, and no charges were filed against you, it's uncommon to post bail since bail is typically associated with formal charges. If you contacted a bail bondsman and paid for a bail bond despite not being formally arrested or charged, you may have... View More

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Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

James L. Arrasmith
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answered on Jan 19, 2024

Under California law, employers have a duty to provide a safe working environment, which includes taking reasonable steps to prevent and address domestic violence and sexual harassment in the workplace. If an employer fails to fulfill this duty, they may be liable for any harm that results.... View More

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Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was recently arrested with a domestic violence and false imprisonment against my ex I found out he was cheating on me

So I lost it this is my second domestic violence case and I just wanna know what’s my next step he abusive too but I just never called the police

Anthony M. Avery
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answered on Jan 18, 2024

Those are serious charges. Hire an attorney now to prepare for a Preliminary Hearing. Trial may be necessary. You could be incarcerated. This is a public forum, so do not post anything else about it here or anywhere else. Do not talk about it and try to assemble witnesses. Work and stay... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for California on
Q: I own a property 50/50 We already signed docs for the sale of the property but domestic violence was involved Jan 14

I don’t want to sell as I do not have a place to move to - escrow was opened yesterday. I own the house 50/50 with who back then was my finance and now my husband

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, if you have already signed documents agreeing to the sale of the property, this generally indicates a binding contract. However, since you own the property 50/50 with your husband, both parties typically need to agree to proceed with the sale. If circumstances have changed,... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: Will I be in trouble for withholding my son from visitation with his father after learning of abuse and filing w/ CPS?

My six-year-old son told me this week that his father had pulled him down from his top bunkbed and he fell on head/back on hard floor, then father punched him in chest and slapped him while using profanity toward him. I filed with CPS. His father has an extensive DV background with me, and one... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, the safety and well-being of your child is of utmost importance. If you have genuine concerns about your child's safety due to alleged abuse, you have the right to take steps to protect them. However, withholding visitation can be legally complex, especially if there is a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Dakota on
Q: What can I (victim) do to drop Agg. Assault domestic charge dropped on BF?

My Boyfriend & I were having a disagreement about child support. I seen his hand placed inside his jacket, I asked him to take his hand out & when he did he had his gun in his hand lowering it to his side. Never pointed at me or made reference to it. I told him to put his gun away & he... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 17, 2024

This matter is largely out of your hands. The decision as to whether to move forward on a case that has been charged belongs to the prosecutor. You may certainly speak to the prosecutor as you are an essential witness. However, the prosecutor can still make a judgment as to whether or not they... View More

2 Answers | Asked in Domestic Violence for Tennessee on
Q: Is a no contact order mean you have to stay away from the other person
Todd B. Kotler
Todd B. Kotler
answered on Jan 17, 2024

Yes, that's exactly what it means. Do not contact the other person, whether it's through text, e-mail, or phone, or even another person. As my colleague stated depending on the wording of the order and or jurisdiction it could lead either to contempt of court or even a separate charge.... View More

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2 Answers | Asked in Domestic Violence for Tennessee on
Q: Is a no contact order mean you have to stay away from the other person
T. Augustus Claus
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answered on Jan 16, 2024

Yes, a no-contact order typically means that the individual to whom the order is directed must refrain from any form of contact with the protected person. This includes physical contact, communication through various means such as phone calls, texts, emails, and even indirect contact through third... View More

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3 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can I get a restraining order for my ex if he verbally harrasses me and through texts? Also doesn't help financially
Martha Bronson
Martha Bronson
answered on Jan 16, 2024

Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long... View More

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