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Questions Answered by Ali Shahrestani,
1 Answer | Asked in Animal / Dog Law for California on
Q: Who has a legal claim to dog -- myself, ex, or both? After 2 yrs of dog being with me ex is threatening to sue me.

Ex and I adopted puppy 5 years ago. We had him together 3yrs then broke up and I had him for 2 yrs. I originally filled out adoption app/got approved but ex paid fee of $450, says adoption paperwork is in his name only. It was always intended that we were joint owners. We both paid for food/vet... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

It sounds like he abandoned it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications... View More

1 Answer | Asked in Divorce for California on
Q: My husband & I are separated, he claims our tax refund is not community property and is solely his since I did not work.

My husband and I have been married for a little over a year, during which time I have not worked, the only additional money money I have is child support I receive. Last year he also withdrew from a 401k. We filed a joint return, claiming my daughter from a previous marriage.

He is also... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

Tax refunds are typically community property, as are monies received and monies owed after the date of marriage, barring exceptions and nuptial agreements to the contrary. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... View More

1 Answer | Asked in Divorce for California on
Q: My husband is no where to be found what can i do to get the divorce done?
Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

You can ask the court to allow you to serve him via publication. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

2 Answers | Asked in Business Law and Divorce for California on
Q: May be facing divorce and my spouse owns a business.

Spouse wants me to walk away from their business because they are afraid I'll go after it. I don't understand what they mean by, "go after the business"- I don't understand what I could get out of it. We are in California.

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

The business may be considered community property, and you may have a right to a portion of its assets in a divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about... View More

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2 Answers | Asked in Estate Planning for Massachusetts on
Q: i need a power of attorney and I live in Massachusetts. Do I need a lawyer to do this for me or can I do it myself?
Ali Shahrestani,
Ali Shahrestani,
answered on Aug 22, 2017

It's best to have an attorney draft it. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Minor child accused of assault with dangerous weapon in MA. Testimony is hearsay. Defense? Happen at hearing?

Child did not touch other child which is 1 of 3 things that has to be proven. Accused states that the other boys threatened him with knife. Hearing to be held to determine whether complaint is made. Offense code states 265 15B/A which is assault on elderly. Offense listed states 265 15 B(b). Is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Do you have a lawyer? That is crucial here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: I got a restraining order against my ex. They were never able to serve him.

A week after i went to court and dropped the restraining order because i do want to work things out. However, he recieved a note from the sheriffs department asking that he contact them. Could they still be trying to serve him even after i dropped it? I filed the restraining order in Massachusetts... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Is it a criminal or family law order? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Massachusetts on
Q: HI! I have a question about divorce.

So my mom and dad got divorce 2 year ago but they are in appeal trial for divide the estate. My dad got married to another women after the divorce but now my dad passes away so would his new wife going to inherent whatever going to him? or is everything the court diced to go to my dad is going to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Is there a will or trust? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More

1 Answer | Asked in Family Law for New York on
Q: In the USA, is there any difference between a pre-nuptial and post-nuptial agreement?

If the couple later moves to the United Kingdom, does the pre-nup or post-nup still have validity in that jurisdiction?

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Yes, there's a difference between these two, but effectively they might be of similar consequence. Consult with a UK lawyer re: their recognition there. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: What is considered a 'timely manner' for a landlord to address a severe cockroach infestation?

We have several unresolved issues in our apartment. We made notice of a leak in our kitchen December 2016 and January 2017, the leak was repaired in February 2017 but the damage to our apartment has never been repaired. We are now experiencing a roach infestation that is originating from the leak... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

You may need to ask him to pay for reasonable accommodations while he deals with the problem. This should typically be handled within a few days at most. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such... View More

1 Answer | Asked in Family Law for New York on
Q: can my daughter father take my daughter to DR to see his wife and kid (who live there) when he feels like it?

He has never been consistent with seeing our daughter. He spends more time in DR than here and now wants to take her over there. Can I stop him from doing it or do I have to let her go? I dont know the wife we have never met.

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

What do the custody orders say about that? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for New York on
Q: Is prearrest questioning filmed, if you were not informed?

Wondering how to prove something was said when questioned but have no statements or anyway to prove I did not say what an officer has told others was said

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

During discovery, you may request a copy of all records of the arrest. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Child Custody for New York on
Q: Can a mother who is the custodial parent move and leave her child to live with her grandparents instead of her father?

My boyfriend has joint custody of his daughter. His ex has never actually taken care of their daughter she relies on her parents and comes and goes as she pleases yet would never allow my boyfriend to be her caretaker instead. She has never had a steady job and she recently moved with her boyfriend... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

The parent may file for custody modifications if the other parent is not spending the custodial time with the kids. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about... View More

1 Answer | Asked in Criminal Law for New York on
Q: Is the smell of marijuana probable cause for police to search your vehicle

Was pulled over for speeding was never asked to have my vehicle searched and nothing was in plain sight when asked if being detained the officer said yes with no explanation

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Yes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Q: How do I find out if I'm a flight risk?

I have resdentional custody partial custody with final say of my 4 yr old I keep being threaten im a flight risk how can I protect myself to go on a vacation

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Who says you're a flight risk? What do the court orders re: custody state re: vacations? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,... View More

1 Answer | Asked in Libel & Slander and Criminal Law for California on
Q: My ex texted me with the threat of showing a picture of my prescribed medications "to everyone, everywhere". Legal?
Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

That sounds like a basis for an invasion of privacy lawsuit and injunction. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Gov & Administrative Law for California on
Q: Who do I report the Nevada County assistant District attorney to for official misconduct he is padding charges

He was brought in on charges having a gun in his possession as a felon having ammo on his possession as a felon they charging him with burglary of his own residence and they refused to acknowledge he has no criminal record also they refused to acknowledge that it's his residence even with his... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

Does he have a lawyer? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Child Custody for California on
Q: if I have legal full custody granted (removed from spouse), and my child wants to live with her mother, can I allow this

Parental rights will e removed from her mother in court this month and sole custody given to me. The issue is, I don't have a place for her. Haven't told the court this, of course, in order to keep her out of the foster system, and got a place temporarily while the court process ensued.... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

It depends on why the child was not permitted to stay with the mom. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,... View More

1 Answer | Asked in Domestic Violence for California on
Q: restraining order

I have a restraining order on my child and myself that took effect this March for a total of 5 yrs. The order was due to domestic violence. The father of my son was ordered to complete 56 weeks for domestic violence classes which he failed to complete. now that the baby is one i would like to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

You can file a motion for custody in family court re: all this. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More

1 Answer | Asked in Real Estate Law for California on
Q: I need to know if I can withdraw the letter of intent of selling my property with the buyer.

There was a letter of intent drawn up by the buyer with the wrong description of the land and the wrong APN#. We agreed on some things verbally and was going to write up a land sales contract within 2 weeks. She gave me earnest money and within 1 week she decides shes filing charges for nor getting... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Aug 17, 2017

You should have a lawyer review your related contracts and communications. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... View More

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