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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26767
Experience:  Active member of the NYS bar since 1989
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I am helping my sister deal with a domestic violence case.

Customer Question

I am helping my sister deal with a domestic violence case. Her ex was arrested last week and is out on bail. He is harassing me via FB and making a lot of allegations towards my sister. The officer that arrested him just called my sister to ask her to return the call b/c she has questions about her statement. We are concerned that the ex may have made false allegations, but we are wondering if my sister should return the call to the officer now or wait until we secure legal counsel.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: California and the arrest was 2/16
JA: Has anything been filed or reported?
Customer: Yes, she has an EPO that expires tomorrow but she has already filed the restraining order paperwork at the courthouse
JA: Anything else you want the lawyer to know before I connect you?
Customer: For now, I think that is it.
Submitted: 4 months ago.
Category: Legal
Expert:  Zoey, JD replied 4 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 4 months ago.

Your sister is the complainant on the case, not the defendant. Typically, the DA would act as your sister's lawyer for purposes of this case, as she is the chief witness. The police would not be talking to the defendant at this point, as he's already been charged and may even have counsel. But it is irregular that your sister would be hearing from the police at this juncture.

If she feels that there's a chance that the police are going to accuse her of false allegations, then absolutely she should speak to a local criminal attorney before she calls the police and that attorney can scope out what the police want.

Customer: replied 4 months ago.
Ok, we have an appointment with a civil attorney tomorrow. Should we tell him this new development to see if she needs a criminal attorney? Or is this something a civil attorney can scope out?
Expert:  Zoey, JD replied 4 months ago.

If the civil attorney has done any criminal law -- many lawyers in general practice handle both civil and criminal cases -- you can tell him of the development and see what he thinks. If he's never handled criminal, it's very different from civil and you shouldn't have him call the police.

Expert:  Zoey, JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.