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In this Google Hangout, criminal attorney David P. Shapiro answers domestic violence questions. If you or a loved one is facing domestic violence charges in San Diego, please feel free to visit our website at If you have any questions for David, please feel free to post them in the comments section below.
1:07 I’ve been charged with domestic violence (not convicted). If I’m convicted will I lose joint custody of my son?
Answer: That’s a good question. From the standpoint of a criminal defense attorney, it can possibly happen. If the child is remotely present during the alleged act of violence towards your spouse, the child can also be considered to be a victim or alleged victim of the act of domestic violence, under the theory that their mental health was in danger. Obviously, if you get convicted, you will be prone to losing the custody, in fact any conviction can affect the custody issue. Your best approach can be to hire an experienced attorney who handles matters related to divorce, custody etc and is also a criminal defense attorney so that he can defend you both in family court and criminal court.
2:49 My ex-husband has been convicted of domestic violence. I would like to get a restraining order. Is all I need to do is go to this link and complete the form?
Answer: Yes, you can visit California court’s website and fill out the necessary details. It is always better to go to the court and have the assistance of an attorney. If your husband has already been convicted of domestic violence in criminal court and if he is still on probation, as part of that probationary sentence, the protective orders may already be in place. However, you definitely have rights to go and petition through civil court.
4:09 I was convicted 11 years ago of felony domestic violence. Can I get this removed from my record?
Answer: 1203.4 relief of the Penal Code, commonly referred to as expungement, is the best relief you can hope for. You must have successfully completed your probation, after that you are eligible to get your conviction set aside and the case dismissed. That would help you in many aspects, not as many as you think of but it is the best relief you can get.
Law Office of David P. Shapiro
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San Diego, CA 92103
619-295-3555
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What if a person wasnt arrested and a restraining order was still filed
when the OHIO Supreme Court said that to prove a violation of R.C.2919.27, the state must prove that the requirements of R.C.2903.214 have been applied. YET in my case it can be proven that division (D)(2)(a) of R.C.2903.214 was ignored. Violating my right to the Due Process of Law. Said protection order was not issued according to law. State of OHIO v. Smith136-Ohioi-St.3d,1; 2013, 1698, P16, State v. Conkle(May 9, 2003) Knox App.2003-Ohio-2410 But what can I do to get the Licking County Court to reverse this, as
There's usually a 10-year gun ban after even a misdemeanor domestic violence conviction in California. And possibly a lifetime federal ban. What charge(s) were you convicted of?
hey my name is brandon and im considering purchasing a firearm and my question
to you is on the firearms backround check question about domestic violence i
havent been convicted of a domestic violence but i have been found guilty of
domestic abuse are those two different things?and if i check no to being
convicted of domestic violence will i be commiting a felony or be considered
lieing on the form? i dont have any restraining orders against the person and we
are fine now this happened more then 3 years ago and she was my mom not a spouse
or child and i dont live with her im very curious as to whether i can check yes
or no to this question because i dont wanna get in trouble i would really
appreciate any feed back or advice to this question thanks
and im looking forward to your response
Call my office at (619) 295.3555 to discuss further during normal business hours to discuss further.
being chattered with misdemeanor domestic violence and fighting for my daughter need advice
Domestic Violence should not be a crime?