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She also requested a move out order. Will they serve and escort him out all at once? My father is agressive, intimidating, verbally and physically abusive. Also she picks up a court hearing date toay at 2:30 in modesto. What papers does she take with her??
answered on Jun 21, 2017
She can report assault or battery to the police. The date/time of service depends on what kind of service she paid for if she hired a private process server. She should hire an attorney to help her. More details are necessary to provide a professional analysis of your issue. The best first step is... View More 
Papers are for a restraining order request hearing.
Also can that server show up as a witness for the party they are serving for?
answered on Jun 21, 2017
That kind of service, if effectuated by a professional process server, is clearly unethical and should be reported to the state licensing agency for process servers. They can show up as a witness to prove the document was served. More details are necessary to provide a professional analysis of your... View More
I don't want to press charges against him
answered on Jun 19, 2017
The prosecution will proceed with the case even if a victim does not want prosecution if they believe there's a case. Since he wasn't arrested, the prosecution may not file charges. Victims that don't want prosecution may need their own attorney for specific advice and to discuss the... View More
He fully complied and I know before speaking to the police that he was ready and willing to be arrested for crime will the courts see this as an act of mercy and let him go with a plea of guilt and how can I get this information to him before Monday if I have the tempore restraining order that I... View More
answered on Jun 18, 2017
If he's in custody at the court date, they may offer him a get out of jail plea bargain, but they may not depending on the facts of the case. When the victim of a case doesn't want prosecution, the prosecution will still prosecute him. When a victim doesn't want prosecution, the... View More
He's truly not a threat to his children or her... she's just mad and making him look worse than he is
answered on Jun 18, 2017
Although he might not be a threat, the judge doesn't know that. Your son should retain a family lawyer because his custody rights could be severely limited if the judge grants the restraining order and he will most likely have to pay her child support. There are plenty of innocent people who... View More
I also want the judge to order him to get evaluated because he has a lot of mental issues that he hasn't been diagnosed with. Is that something that the judge can do?
answered on Jun 17, 2017
The judge can certainly entertain the requests and make orders based on the evidence presented. You might be able to obtain sole custody. The court can still give the perpetrator some type of custody, but it depends on the facts.
We have a 3 year old. Can I get full custody of him?
answered on Jun 17, 2017
You can request custody, and the judge will decide. A police report can be challenged as hearsay. Better evidence should be used. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More
I was an international student in a univ. of CA. The week after my graduation, my parents & I were in a hotel of Thousand Oaks & one day my dad disrupted the hotel office by insulting employees. They opted for not pressing charges; the thing was that when we went back to the room to get our... View More
answered on Jun 15, 2017
Great question. Sorry to hear about the problem. It is typical to be released and required to report back to court, either for another hearing or for a first hearing after the prosecution is ready to proceed (they have time, but limited time). Thus, the case is almost certainly still open,... View More
For parenting time what can i do i have recording of her saying it & other people have heard her.
answered on Jun 10, 2017
Go back to court and get further restraining orders to prevent him from treating your daughter in this fashion. Ask the court to modify any visitation orders by requiring them to be supervised. Get your self a good family law lawyer and then turn to her for all your questions.
A custody order was obtained ex parte and through submissions of false evidence to take my child. My ex and his attorney have conspired and have continued to use the system as a weapon. They were successful in filing a criminal complaint against me based on an illegal order, but more importantly,... View More
answered on Jun 9, 2017
It's crucial to have an attorney review the matter to assess the proper strategy, though you say you don't want to hear that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... View More
this question is for my friend in California, keeping in mind the laws of that state and the past statistics what will happen. she wants to save her husband and not break her family also. he is a doctor and so is she but currently without a job. this is the first time this has happened. the husband... View More
answered on Jun 5, 2017
The DA brings or moves to dismiss charges, not victims. The defendant may use such evidence as this note as a defense. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
answered on Jun 5, 2017
What does the court order say? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
In a DV case, the Judge terminated in open court the restraining order placed on defendant who ended up later having probation revoked and was sentenced to prison without any mention of reinstating the RO. But both the prison and now PRCS state the RO is still in effect and defendant didn't... View More
answered on Jun 2, 2017
You'll need copy of the court records terminating the RO, including the minutes and transcript if in open court. You need proof of completion of the classes and payment of fines, if relevant. More details are necessary to provide a professional analysis of your issue. The best first step is an... View More
He was charged with misdemeanor.Is it possible that the government will get my kids?
answered on Jun 1, 2017
If neither parent is suitable, the court might order the kids into foster care, unless a relative seeks guardianship rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
answered on Jun 1, 2017
What are the custody orders in place? What's the misdemeanor? Careful you don't abduct the kids, as that is a crime. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More
answered on May 30, 2017
It depends on the court orders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More
Or will i still need his consent?
answered on May 30, 2017
What are the court orders re: that? When will he be released? Who has legal custody? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
He has mental illness.will that be of help with regards to his case?
answered on May 28, 2017
Yes, his wife will have to attend the preliminary hearing if the case is filed as a felony and the trial if the case is filed as a misdemeanor. An experienced criminal defense attorney an evaluate his mental illness and how it might help mitigate
his situation.
How long can he be locked up for if they do or they don't press charges against him.
answered on May 26, 2017
He may face felony assault/ battery charges, and the sentence depends in part on his priors. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
answered on May 22, 2017
No. Failure to respond will likely result in your default, and the restraining order will issue without opposition.
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