We had a hearing and despite my evidence that we are victims and father has a significant history of domestic violence and abuse, plus procedural errors like allowing another person to advise father (off camera) and speak during the hearing while on zoom, not allowing me time to present my case,... View More
RMC was a circus. BIA and TI not present. Father making wild allegations with no evidence. Judge had tech issues and could not access electronic records to review our motions. Court made orders based on hearsay and wording on order says “MOTHER shall provide requested paperwork to TI and payment... View More
I'm not sure what your question is, but I certainly wish you well on the Motion to Reconsider, as the judge should consider your ability to pay for services. I hope the public defense office can foot most of the bill.
As an aside and just as an FYI: Hearsay is permitted in family...View More
For some ODD reason, during a hearing in family court, the judge believed father and though i retain custodial/residential custody of our 9yr old daughter— my joint legal decision making rights were handed over to father (full legal decision-making) and reason was Judge believed i weaponized OOP... View More
I certainly understand how difficult it can be when a judge makes a ruling that is not at all in your child's best interests. I certainly do not believe that you should have lose legal decision-making.
Unfortunately, there is not much you can do right now.
Meditation hearing is coming up in August and I want to change to asking for full custody since my child expressed to me that there has been physical abuse towards them by the other parent. The other parent has already been physical towards me which documented by police response. I have called DCS... View More
Note that I practice law in OHIO and do NOT practice in Az. I am an officer on the Ohio State Bar Association's Dispute Resolution Committee and have over 50 hours of mediation training from the Ohio Supreme Court's Judicial College.
Mediation is not a forum for presenting...View More
My lawyer neglected to show proof that i did not assult my sister with my car, she previously jumped in front of my brothers car with my niece inside the car, exactly the same situation as with mine and both my brother and niece wrote their account to help support the fact that she jumped in front... View More
You need to hire another lawyer and (assuming you are within the statutory time limit for doing so) ask for either a reconsideration of your case (by the same judge) or an appeal. Your argument is ineffective assistance of counsel. Please, understand that this forum is NOT a substitute for hiring...View More
I currently live with someone, a relative, who aggravatingly been stalking, harassing, and criminally has accessed my wireless devices, with the intent to cause emotional distress (for quite some time now). I know a restraining order is one thing, but I would like to see this individual legally... View More
I'm sorry to hear of your situation. You are in a very precarious situation. I STRONGLY recommend you consult with an attorney and have them review the Order of Protection and the deed to your house before you take any action.
If you have not done so already, you can challenge the...View More
The location happen is here in Az and the incident was taken last year, but the discovery was later feb 10th and was reported to Phx police feb 16 with a restraining order. But the perpetuator, the step dad is outside the state working there, and still a free guy. Despite follow ups from the... View More
If so, where is the case law that I can use in a motion to dismiss?
In a domestic violence case, I was basically wanting to have my ex served and out of my house, I put a restraining order that was not yet served 2 weeks prior. I called 911 twice that night , the cops showed up, my ex was... View More
No. Proving they have a motive to fabricate is a credibility issue that can ONLY be resolved at a trial. What you describe is something where a judge is going to need to hear and receive evidence from both of you before it can be decided.
A Motion to Dismiss is only appropriate where there...View More
Making it trickier, I live in another country, my ex lives in another state and Tucson AZ retains jurisdiction of the children. False reports have been made against me elsewhere but mostly and repeatedly in Arizona. I have a long documented paper trail of proof but have no idea where to start. Is... View More
Are you wanting to know how you can get the Court to consider the information?
If so, the best way is to use it as an exhibit at trial. To be eligible to be used as a trial exhibit, you need to disclose it to the other side at least 60 days before trial, you need to follow the Court's...View More
I currently reside with a relative who has demonstrated that they're taking great pleasure to aggravatedly stalk, harass and electronically surveil my everyday use (PC and Mobile) without my consent to do such things. Now because of the living situation, I just want to make sure my safety is... View More
My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3... View More
So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.
We were separated physically, but not yet legally. Can the spouse sell/refinance the house without the other persons knowledge? And conceal that they did that and hide the money? Criminal theft? Fraud? Domestic violence is also an issue. He took $88K
You need to file for divorce and either you or your counsel will need to carefully review all financial documents disclosed. Not sure why the house is only "titled in one name." If that means that the house was a premarital asset or that you signed a quit claim deed surrendering your...View More
I would suggest your daughter block her mother-in-law's number and let her husband deal with his mother. More to your question, yes, I am sure a claim could be filed. The chance of success is likely around 0%, but individuals CAN sue for practically any reason. Your daughter would need to put...View More
Dad has two options. He can call the police and see if the police will remove them as trespassers. Or he can evict per the Arizona Residential Landlord and Tenant Act. If he must evict, I recommend that he consult with an attorney familiar with residential evictions.
the fathers parents are trying to take my grandson away from my daughter and she moved in with me. the father has past violent behavior and current domestic violence against my daughter. I also want to find out if my daughter was properly served paper work and if the other grand parents were... View More
I have a video of him starting an argument with me and intimidating her while he was drunk the last time I had visited her. She says that anytime I come over in the past he treats her horrible. He is very abusive and aggressive towards her. She is handicapped in a wheelchair and had her leg... View More
If he is being abusive to your grandmother, you can make a report to adult protective services. If she is dependent upon him, there will need to be other family members willing to step up and do the things she has been counting on him to do.
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