Legal Question in Family Law in California
domestic violence
Last night, sister-in-law called police accusing her husband of domestic violence. She said he would follow her in the streets grabbing her and leaving bruises on her. She was threatening him that she would get us evicted out of our apartment and that she would send him to jail. She would create scandals outside of our home saying she needed help. nothing was wrong but she just wanted the attention. She didnt care if she send our mom to the hospital. She said she would do all this out of spite. Mom heard this and so did sister. Brother is now in jail and waiting to see a judge. We strongly believe she is doing all of this because she is crazy, she watches too many violent shows on tv and on the web. Brother says that when they are in their room, she puts bags over her head and ties stuff around her neck and tells him to pull on it. As a result of this, their 10 month old daughter is immitating her mom and can posibly be a threat to herself. if brother is in jail and she moved back home, who can take care of baby, she is not in the right state of mind. She came to get her things today laughing saying we wont see our brother for another 2 years. What can we do to take custody of child. What can my brother do to deffend himself?
2 Answers from Attorneys
Re: domestic violence
Your brother needs an attorney and a private investigator to obtain what evidence that is available for his defense. In the guardianship petition you may be able to get a court order for a psychological examination.
Re: domestic violence
You can apply for a guardianship. If you can show the child is imminent danger, you may be able to get an emergency guardianship order immediately.
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