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Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: Are there any free domestic violence classes for people with no income
James L. Arrasmith
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answered on Nov 21, 2024

Yes, there are free domestic violence classes available in Fresno for people without income.

The Marjaree Mason Center offers free domestic violence intervention programs, including both in-person and virtual classes. You can reach their 24-hour crisis hotline at (559) 233-HELP (4357) to...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does it count as another stike

if a violent offender 3058.6 commits battery on spouse and resisting arrest with priors after release on parole and has 2 strike what his sentence

James L. Arrasmith
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answered on Nov 16, 2024

Under California's Three Strikes Law, both domestic battery and resisting arrest with violence can count as serious or violent felonies. When committed while on parole, with prior strikes, these offenses typically qualify as strikes.

If this person already has two strikes, committing...
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1 Answer | Asked in Family Law, Constitutional Law and Domestic Violence for California on
Q: What does CCP 1008 b mean

(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.

To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for California on
Q: Can I make Motion for reconsideration based on ccp1008, CCP657, federal CCP rules 52, 59, 60b?
James L. Arrasmith
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answered on Nov 15, 2024

In California, you can file a Motion for Reconsideration under CCP 1008, but you must act quickly as there's typically only a 10-day window after service of written notice. Your motion needs to show new or different facts, circumstances, or law that weren't presented in the original... View More

1 Answer | Asked in Domestic Violence, Land Use & Zoning and Landlord - Tenant for California on
Q: I was served a eviction notice from the sheriff giving me 5 days to move out but now I'm dealing with a domestic violenc

So I guess my question is I served an eviction I have 5 days to get out from the sheriff but now I'm dealing with a domestic violence issue is there anything that I can do to postpone the eviction or what can I do

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult time. When facing both an eviction and a domestic violence situation, there are steps you can take to address both issues simultaneously.

First, reach out to a local legal aid organization or an attorney who understands both eviction...
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1 Answer | Asked in Domestic Violence, Land Use & Zoning and Landlord - Tenant for California on
Q: I was served a eviction notice from the sheriff giving me 5 days to move out but now I'm dealing with a domestic violenc

So I guess my question is I served an eviction I have 5 days to get out from the sheriff but now I'm dealing with a domestic violence issue is there anything that I can do to postpone the eviction or what can I do

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult time. In California, victims of domestic violence have certain protections that might help with your eviction situation. You can request a postponement of the eviction by informing the court of your circumstances. Providing documentation, such... View More

1 Answer | Asked in Sexual Harassment, Family Law, Personal Injury and Domestic Violence for Oregon on
Q: How do I stand up for myself in a wrongful accused situation when I have proof of double jeopardy.
Tim Akpinar
Tim Akpinar
answered on Nov 11, 2024

This looks like something that an Oregon criminal attorney should probably advise you on. The question was probably overlooked for three weeks because of the "Personal Injury" or "Family Law" headings. If you're being charged, don't lose further time awaiting guidance... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Georgia on
Q: What rights does petitioner have to a speedy trial by jury in a divorce action involving domestic violence and children?

The defendant (who has control of assets) is being represented by a GA legislator who has delayed this action for 3.5 - 4 years using his inability to work on divorce action because of his legislative duties each year.

Regina Irene Edwards
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answered on Nov 8, 2024

There is no such thing as a right to a speedy trial in a divorce case. You can just ask the court to set the case during a time the legislature is not in session.

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: in Tennessee is it public knowledge of the domestic abuse abuser, and victim?
Anthony M. Avery
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answered on Nov 6, 2024

Yes

1 Answer | Asked in Domestic Violence for Kentucky on
Q: What support should I give the judge so she allows me to drop the DVO I have against my husband for my children and I?

He has served his time in jail, been in rehab and therapy. He has also been volunteering at a church and is starting batterer’s intervention classes. He has worked hard to be better for us and I am no longer fearful. I want to work on our marriage and family. I do not believe in divorce and... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

What you’ve set out there looks pretty good. You might want to consider asking the judge to make the dvo no unlawful contact rather than to just dismiss it. I think the odds go up if you ask for no unlawful contact.

1 Answer | Asked in Criminal Law and Domestic Violence for Oregon on
Q: My boyfriend and I argued and the neighbors called the cops. Now he has court on harassment charges vs the state of oreg

I didn't persue charges against him, the officer insisted I did after i told him no about 8 times, but he did anyway , the state picked it up and now he has court on harassment charges this afternoon. How do I get his case tossed or charges dropped?

Gregory L Abbott
Gregory L Abbott
answered on Nov 4, 2024

You don't. You can talk to his criminal defense attorney to see what, if anything, you can do to help. But as you noted, you didn't bring the charges so you can't dismiss them either.

1 Answer | Asked in Divorce, Domestic Violence and Identity Theft for New York on
Q: I believe I may have been a victim of Human Traffic committed by my ex. How to address this on my divorce case?

We met in Brazil in 2007, and reconnected in 2011. He filled bankruptcy in NYC, went to Brazil to attest he loved me and convinced me to move to NYC later that year. Less than 6 months later, he proposed, but because of Defense of Marital Act, we only got married in 2013. My ex issued the first... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2024

First and foremost the asker must retain a lawyer to represent her and guide her throughout her divorce. We cannot provide such a service here online. Secondly, the asker makes rather bombastic allegations that should appear in the pleadings prepared by her lawyer. Some facts are important while... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Kentucky on
Q: My husband using EPO to take my child from my home to place her where she's actually being neglected now help nobwil wil

He is an abusive alcoholic and manipulated messages staged photos and just straight out lied.. I guess because he went first nobody will listen to me the things he does are not illegal but they are very manipulative and they're emotionally traumatizing to my child

Timothy Denison
Timothy Denison
answered on Oct 31, 2024

What is your question?

2 Answers | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: What happened if someone file your birth certificate and a restraining order case I didn’t give them my birth certificat

I didn’t give them permission to use my birth or I didn’t give them permission to file anything. A restraining order case is public records. Anyone can get access to my birth certificate.

Robert Kane
Robert Kane
answered on Oct 30, 2024

Who is "them?"

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1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: What is Hearing results DOPP

Criminal case two aggravated corporalninjusty charges and a contempt for violation of cpo

James L. Arrasmith
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answered on Oct 30, 2024

You're facing charges of aggravated corporal injury and contempt for violating a criminal protective order, and you're wondering about the hearing results labeled "DOPP". This is a serious situation, and understanding the terminology is crucial for your next steps.... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: need some assistance or guidance

hello i have a case out of san bernardino court house case FAMSB2401279 i have an attorney now representing me however i feel like my primary concerns are not being addressed and this case is dragging on longer then it needs to. my attorney is a criminal defense attorney and i need to get my... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry to hear about the challenges you're facing. It’s important to have an attorney who fully understands and prioritizes your family law concerns. You might consider consulting with a family law attorney who has experience specifically in child custody and domestic violence cases... View More

1 Answer | Asked in Real Estate Law, Family Law and Domestic Violence for Massachusetts on
Q: Hi. The person that my Brother is unhappily married to, is threatening to take a share of the property, that we

inherited from our parents, if we don't let her live in the house! She has made it clear that she plans on doing whatever she has to, to get everything she can get from us, she has told him that. If his name wasn't on the title, could she still go after us?

She has posed for... View More

Christopher Tolley
Christopher Tolley
answered on Oct 29, 2024

It is possible your brother's wife could get his interest in the property upon his death or if he transfers his interest in the property to her. The wife's acts appear to affect him, not you, so any action against the wife would have to be initiated by him.

1 Answer | Asked in Criminal Law and Domestic Violence for Georgia on
Q: If someone hacks my phone and records me threatening to beat them up can they use that in court against me?

I've been cyber harassed fir for over a year now. They can forward my calls to them. Alter Google searches. Change feed on any website like Google discovery, youtube, music, etc. They listen thru phone and make fun of me.

Glenn T. Stern
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answered on Oct 29, 2024

In Georgia, you do not have any expectation of privacy from the person you are speaking to on a telephone. That means that if that person wanted to tell someone else what you said, or even record the call, it would be legal in this state and probably admissible in court.

Q: Thank you. My question is concerning violations of Ethics Act in Kanawha County,WV. In early 2023, A Deputy Sheriff

Answered my 911 call for assault & vehicle theft. The deputy informed me that the SD would no longer help me when I call emergency services because I make them lose their cases and the Supreme Court of appeals would never disagree with him or their decision . Since then I have placed over 130... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm really sorry you're going through this difficult situation. The actions you've described, including threats, harassment, and retaliation by a deputy sheriff, may violate ethical standards and legal protections meant to ensure your safety and rights.

You should consider...
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1 Answer | Asked in Domestic Violence for California on
Q: This is a domestic dispute case I have entered more details in the detail section

There was a domestic dispute between my boyfriend and I and I never called the cops. One month later his mother called the cops for another incident concerning him and her. While speaking to the officer she called me to come over and she told the cop what had happened between her son and I. I never... View More

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry you're going through this difficult situation. It might help to reach out to a family law attorney who can guide you on the best steps to take to support him legally. They can review the details of your case and advise if there are options to appeal the decision or seek... View More

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