California Domestic Violence Legal Questions

Not sure I understand your quesiton. But, in California, its up to the DA's office whether or not to file charges against someone. If the DA's office has decided to file charges against, your are forced to deal with it. If you are able you should shire a lawyer as soon as possible. It may be possible to have those charges dropped before things go to far.... Read More

There's a lot you need to do and some of it is quite complicated.  The first thing you should do is get a copy of the Proof of Service for the TRO and the Summons for the Dissolution.  That will tell you where and when you were allegedly served and also who was the person claiming to have served you.  It wouldn't be the first time someone lied on a Proof of Service - especially if it was done by anyone other than a sheriff's deputy or registered process server.  If it was signed by anyone other than those two, I would file a motion to quash the service and try and get the restraining order set aside until you have the opportunity to go to the court and defend yourself.  The Proof of Service will also show you if she had you served by publication which is possible if they were unable to locate you.  That seems unlikely because the court mailed you a document so they must know your address.   Another reason to get the proof of service is this will give you the opportunity to subpoena the person who allegedly served you the documents so that they can come to court and testify under penalty of perjury that they actually served you.  Although it comes down to your word against their's, I've had a case where a process server in southern California claimed he drove up here to Northern California to serve someone (that's about 16 hours of driving).  When I tried to subpoena him, they dismissed the case.  I've also had a case where the Petitioner forged the proof of service (which I'm sure happens a lot when people represent themselves) and the actual Summons and Petition were found later when the husband was moving some things out - she had hid it under the mattress!  Also, it helps if you can prove you were somewhere else on that day and time such as out of town or at work.  It's important to do this asap.   Also, make sure you go to the OSC hearing and file a reply if there is still time.  In your reply, you should mention that this was the first notice you had received and that you were not served the TRO, the dissolution or a notice of the permanent R.O. not to mention the fact that you do not own any firearms. Best of luck and let me know if there is anything I can help you with.   Cheryl L. Sommers Law Office of Cheryl L. Sommers 44862 Osgood Road Fremont, CA  94539 (510) 659-9800... Read More

I assume that you are not married to the person who is the father of the fetus. If he is harassing you, then you may have cause for a restraining order.  If he hurts you physically then you should immediately go to the police to make a report. If you are an illegal immigrant, you can still do this. When you have a child and are not married, you will need to file a 'paternity action' in the Family Court to address custody, visitation and support for the child--this is usually done when the child is born, but may be done before.  ... Read More

You have a right to notice and opportunity to be heard. If an order was made before you were properly served with the paperwork, then you are able to go to court to set aside the order. However, if you were arrested, it is likely the order will be reissued. Also, there is something called an Emergency Protective Order, which is a domestic violence restraining order that can be issued by a judge at the request of the arresting officer. It is aslo possible the criminal court issued an order when you were arrested. So, the first thing you need to find out is what type of restraining order do you have? It could be a civil order (either temporary or permanent), a criminal order, or an EPO. Take whatever paperwork you have and get a consultation with an attorney.... Read More

If the other person has filed a domestic violence restraining order against you in court...you will need to appear as needed and prepare a detailed response rebutting each allegation she made.  If you have a hearing, it would be advisable to bring the evidence that she lied with regard to these accusations as well as witnesses.... Read More

Typically, when served with a Restraining Order, you need to do a response.  This needs to be detailed with an explanation for every allegation that she states.  Since you are so far away, you could arrange for court call for the hearing--if there is one.  It sounds like it should be thrown out at the initial stage since you are in school and are so far away.  I would call the court after the initial hearing to confirm that it is dismissed. You should keep all documentation of prior attempts to file.  Also, she must file in the county in which she lives so I'm unsure as to how she could file in different courts. The way to stop it would be for you to file a restraining order against her or to have her declared as a vexatious litigant.  It can be costly to do either and time consuming.  You may want to get legal advice as to your options.  ... Read More

I'm not sure why he keeps getting released from jail when he continues to violate the restraining order?  I would keep careful notes about what he does with dates etc.  This should be taken to the police with your restraining order from court.  This should result in a longer jail sentence.  For the financial part, you may file a contempt charge against the father for violating the court order for payment or you may need to speak with an attorney regarding collections.... Read More