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California Domestic Violence Legal Questions

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43 legal questions have been posted about domestic violence by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.
California Domestic Violence Questions & Legal Answers
Do you have any California Domestic Violence questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 43 previously answered California Domestic Violence questions.
Domestic Violence
California

Recent Legal Answers

I am a DV case victim . In police report there are some errors

Answered 2 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
You make a very good point.  Yes, you can.  You can also hire experienced counsel to represent you.  He or she may identify other areas in which you may want to clarify or correct what is in the report.
You make a very good point.  Yes, you can.  You can also hire experienced counsel to represent you.  He or she may identify other... Read More

I am a DV case victim . In police report there are some errors

Answered 2 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
You can hire counsel to communicate your clarifications and/or corrections to the District Attorney's Office.
You can hire counsel to communicate your clarifications and/or corrections to the District Attorney's Office.

How do I obtain a civil harassment restraining order?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
You should hire an attorney experienced in Civil Harassment Restraining Order litigation.
You should hire an attorney experienced in Civil Harassment Restraining Order litigation.

Domestic violence

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
If you were properly served the subpoena then it is a valid court order you must comply with.
If you were properly served the subpoena then it is a valid court order you must comply with.

restraining order to stop ex boyfriend from contacting me?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
It would be speculative for me to state whether anything you would do would cause him to act in a certain way in response.
It would be speculative for me to state whether anything you would do would cause him to act in a certain way in response.

can i get a restraining order?

Answered 3 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
Yes, you do.
Yes, you do.

First time domestic violence

Answered 6 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
What do you mean by "first time domestic violence"?  Whether you need an attorney is only a decision that you can make.  There is no law that I am aware of that requires you to have one at this point in time.  However, if you want to increase the chance that you will not be prosecuted then you might want to consider interviewing experienced criminal defense attorneys who might be able to contact the District Attorney on your behalf to try and persuade the DA to not prosecute you ince the DA does have discretion to not file the case.  ... Read More
What do you mean by "first time domestic violence"?  Whether you need an attorney is only a decision that you can make.  There is no law... Read More

Just purchased a firearm wondering if my DROS will pass

Answered 2 years and 11 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
Sorry to read this happened to you.  Maybe.  You should contact an experienced criminal defense attorney to discuss your options.
Sorry to read this happened to you.  Maybe.  You should contact an experienced criminal defense attorney to discuss your options.

Can I drop charges for DV?

Answered 2 years and 11 months ago by attorney Marc Pelta   |   1 Answer   |  Legal Topics: Domestic Violence
Maybe.  You should contact an experienced criminal defense attorney to discuss your options.
Maybe.  You should contact an experienced criminal defense attorney to discuss your options.

Divorce

Answered 4 years ago by attorney Dan Rowan Cortright   |   1 Answer   |  Legal Topics: Domestic Violence
Seek a criminal attorney and/or a family law attorney
Seek a criminal attorney and/or a family law attorney

Do you have to tell the father of your children if you get married to someone else?

Answered 4 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Domestic Violence
Anytime a person petitions for child support or make some motion for modification for child support, each side if requested by the other side, needs to provide financial information about their household finances. This may implicate disclosing the income of the household which would include your new spouse. So in that context, that would be required.    ... Read More
Anytime a person petitions for child support or make some motion for modification for child support, each side if requested by the other side, needs... Read More

how do i subpoena for my police report if i was never arrested or convicted or charged for anything

Answered 8 years and a month ago by Domingo Castillo, Jr (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
More info is needed. Were you arrested? Placed in jail? Bail out? Who called the police? Etc....they may be investigating the case at this time. Speak to a crim def atty in private.
More info is needed. Were you arrested? Placed in jail? Bail out? Who called the police? Etc....they may be investigating the case at this time.... Read More

I just got a call starting 12 officers going to my sister house looking for me for what reason I have no idea??

Answered 8 years and a month ago by Domingo Castillo, Jr (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You need to consult with a Criminal Def Attorney right away. 
You need to consult with a Criminal Def Attorney right away. 

Hello good evening do you handle restriccion order cases in the civil law? I've never been arrested and do not have any criminal charges

Answered 8 years and 2 months ago by Domingo Castillo, Jr (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You can request a Hearing to request a modification. You can ask the court clerk or ask an attorney to file the request. However, with an attorney, there will be a fee associates with services rendered.
You can request a Hearing to request a modification. You can ask the court clerk or ask an attorney to file the request. However, with an attorney,... Read More

does pc242 have negative immigration consequences?

Answered 8 years and 6 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Yes! A noncitizen convicted of domestic violence could be placed in removal proceedings and deported. There are safe pleas available but if possible you should seek an outright dismissal. You should consult with an immigration attorney to discuss your options. 
Yes! A noncitizen convicted of domestic violence could be placed in removal proceedings and deported. There are safe pleas available but if possible... Read More

domestic violence charge under verbal abuse distress

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You should enter a not guilty plea at your arraignment. Keep in mind that the DA is not try to do you any favors but to send you jail. You should hire an attorney and let the attorney negotiate on your behalf with the DA's office.
You should enter a not guilty plea at your arraignment. Keep in mind that the DA is not try to do you any favors but to send you jail. You should... Read More

How can 911 recorded calls (no physical evidence) be sufficient enough for felony domestic violence charges?

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Depending on the county and your son's prior criminal record the DA's office may feel that they have enough evidence for a conviction.
Depending on the county and your son's prior criminal record the DA's office may feel that they have enough evidence for a conviction.

my boyfriend got arrested because he didnt show up to a progress report for domestic violence misdemeanor, I have a question about bail

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You should call a local criminal deffense attorney prior to the hearing to discuss his details and options.
You should call a local criminal deffense attorney prior to the hearing to discuss his details and options.

if in domestic violence the children said father hit mother what happens

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Depending on your criminal record it may be possible to have this matter reduced to a misdemeanor or dismissed. You should contact an attorney to discuss your options. 
Depending on your criminal record it may be possible to have this matter reduced to a misdemeanor or dismissed. You should contact an attorney to... Read More

I need legal assistance with my living arrangements. My boyfriend is living in my garage and refuses to leave, he says I have to evict him.

Answered 8 years and 7 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You could file a request for a domestic violence restraining order. Based off your post, it is a stong chance that the court would grant your request. You should contact a local attorney for assistance or the self-help center at your local courthouse. 
You could file a request for a domestic violence restraining order. Based off your post, it is a stong chance that the court would grant your... Read More

I got a DV-109 notice of court hearing. I need a lawyer but would it be expensive.? how can I revoke this order?

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
You should contact a local attorney for a consultation. 
You should contact a local attorney for a consultation. 

I was told that lawyers on this site will work with low income clients on a payment plan or even, fingers crossed, pro Bono. Is this true?

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Most criminal defense lawyers will setup payment plans and work with their clients concerning their fees. However, if you are looking for a pro bono lawyer for a criminal case you should contact your local public defender's office.
Most criminal defense lawyers will setup payment plans and work with their clients concerning their fees. However, if you are looking for a pro bono... Read More

My wife was charged with PC 243(e)(1), any chance of not being convicted/on her record?

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Your wife should hire a lawyer as soon as possible. This may be a case that once all of the facts are presented the DA, the DA's office  may decide to dismissed the charge or reduce it down to an infraction.
Your wife should hire a lawyer as soon as possible. This may be a case that once all of the facts are presented the DA, the DA's office  may... Read More

I have been charged with a misdemeanor battery misdemeanor battery for being drunk an pushing my girlfriend do I need lawyer?

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
If you have been charged with a crime then yes you need an attorney. Depending on your prior criminal background a lawyer may be able to have the charge dismissed or negotiate a plea bargin that involves not jail time.
If you have been charged with a crime then yes you need an attorney. Depending on your prior criminal background a lawyer may be able to have the... Read More

How can I live with my new wife and her daughter as her father

Answered 8 years and 8 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
Depending on how your wife entered the U.S., whether or not you are U.S. citizen, and where the domestic violence occurred your wife may be able to apply for an adjustment of status appliaction or for VAWA. You should consult with an immigration attorney.
Depending on how your wife entered the U.S., whether or not you are U.S. citizen, and where the domestic violence occurred your wife may be able to... Read More
Domestic Violence
California

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