Get free answers to your Family Law legal questions from lawyers in your area.
I have the text messages and text messages showing what she is saying about me to other people I have been going through since a child but right now I just want a restraining order place so she cannot contact me or come tours me I was abused physically and mentally by her and her associates I just... View More 
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answered on Oct 10, 2023
In California, if you believe you are a victim of harassment, you can seek a restraining order against the individual causing you harm or distress. To obtain a restraining order, you must file the necessary paperwork with the court, detailing the harassment or abuse and provide any evidence, such... View More
My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart... View More
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answered on Oct 10, 2023
In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes... View More
I was improperly served (electronically when no agreement exists) and my ex-wife didn't file proof of service, likely because she knew she get in trouble for perjury. Do I have to attend the hearing? Can the judge still rule or grant her requests (hearing is a request for orders) if I do not... View More
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answered on Oct 10, 2023
In California, proper service is essential for the court to have jurisdiction over the opposing party. If you were not properly served, technically, you don't have an obligation to attend the hearing. However, if you do not appear, there is a risk that the judge may be unaware of the improper... View More
We have torn apart the house looking for the original signed copy of the most recent amendment and anything prior, but we cannot find anything. They kept a lot of old documents and records, but the original will and trust can't be found anywhere. They have both passed and we are stumped as to... View More
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answered on Oct 10, 2023
In California, while it's preferable to have the original trust document, a copy can be used in many circumstances. If someone were to contest the trust, the absence of the original could lead to a presumption that the trustor intentionally destroyed it, thus revoking the trust. However, this... View More
Our holiday custody is written as this:
Christmas Eve with Mom on odd years, Dad even years
Christmas Day with Mom on even years, Dad on Odd years
So I have my sons Christmas Eve this year. When I signed this it was my understanding that Christmas Eve meant the night and the... View More
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answered on Oct 10, 2023
The language in your custody agreement, as you've presented it, is somewhat ambiguous regarding the specific transition time between Christmas Eve and Christmas Day. Typically, "Christmas Eve" would be understood to include the evening, leading up to midnight, with Christmas Day... View More
I filed a fl300 with “ Enforcement of court order for parties to comply in obtaining a "Real I.D." and passport for the minor child.” Because I have an order for both parties to comply. The Fl300 is to be able to obtain the passport on my own since the other parent is not complying... View More
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answered on Oct 10, 2023
Your language in the FL-300 indicates the essence of your request, which is the enforcement of a court order relating to obtaining a "Real I.D." and passport for the minor child. To clarify your intent and to specify the relief you are seeking, consider being more explicit. For example:... View More
His family bought the dog for us 7 years ago but I am the one that takes care of it and the dog is attached to me
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answered on Oct 10, 2023
California Family Code Section 2605 allows courts to take into consideration the "care" of a pet when determining ownership during a divorce or separation. Judges can now assign sole or joint ownership based on what is in the best interest of the pet, similar to child custody decisions.... View More
My ex-husband's spouse worked/works at that venue as a clerk. I have paid for a CD of my children's interview with the judge but received another full recording of another family court case. I contacted the courthouse and was told to return it and they will send me my copy. The judge has... View More
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answered on Oct 10, 2023
Generally, to change venue in a family law case, one would file a motion requesting the transfer, outlining the reasons for the request. Potential bias or impropriety, like a conflict of interest due to the employment of an ex-spouse at the venue, could be pertinent reasons. The mishandling of your... View More
the Ca court entered an unlawfull default against me , because i have answered as a defendant before the court at the first time , and i filed many correspondances with Court before the entry of judgment , clerk has blocked all my responses to court , and Clerk imposed me to pay the court fees... View More
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answered on Oct 9, 2023
If you believe you were wrongfully defaulted in a California court, you have the right to challenge the judgment, although the passage of time can complicate matters. Generally, defendants can motion to set aside a default judgment based on various grounds, including mistake, inadvertence,... View More
Can I withhold my son from her visit with him because she isn’t dropping my son off at our agreed upon drop off location. I have voiced my concern before with her dropping him off at our designated pick up/drop off spot.
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answered on Oct 9, 2023
In California, if there is a court order stipulating the pick-up and drop-off location for visitation, both parties must adhere to it. Withholding your son from his mother based on her non-compliance could be seen as a violation of the court order on your part, unless there are immediate safety... View More
I have an order restriction, I can’t see my son and my wife is telling I’m using drugs but I’ve been doing blood test and all negatives and the judge says one more year on the restriction and the police says In the messages there’s noting wrong that makes a order restriction but the judge... View More
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answered on Oct 9, 2023
In California, when it comes to restraining orders, the duration and terms depend on the type of order and the specific circumstances surrounding the case. A temporary restraining order typically lasts up to 21 days, with the possibility of an extension of an additional 21 days. If, after a... View More
I am currently reviewing my wife’s ex parte application (FL-300). The attorney for my wife, identified only by her first name (Jane) and last name (Doe), without any title (such as “on behalf of”), has signed in the “Signature of Applicant” section on page 4 of the FL-300 form. The ex... View More
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answered on Oct 9, 2023
It is a little disconcerting to me that the signature was from "Jane Doe." That alone seems suspicious. While an attorney may sign an FL-300 on behalf of a client, the name of the "Jane Doe" is indeed quite suspicious to me. I would investigate this issue further and raise this... View More
Well with the inmate phone calls recorded i ask the attorney to pending case to subpoena the facility inmate call records which he and i viewed the call,direct evidence to the in favor of defendant there were no threats to harm or k-- another Here it is he is not attorney for restraining order ive... View More
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answered on Oct 9, 2023
Under California law, a defendant has the right to relevant evidence that may be exculpatory. If your attorney obtained evidence, such as the inmate phone call recordings, and those recordings are directly relevant to a defense in your case, you generally have the right to access that evidence.... View More
Bodily injury to harm or k==on inmate phone call ask my attorney to preciding case to subpoena facility inmate call record direct evidence to the defendant there were no threats to harm plaintiff the aggressor which attorney and I played call in question he is not attorney to restraining order... View More
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answered on Oct 9, 2023
Under California law, parties to a legal proceeding have the right to access evidence that is relevant and material to their case. If you believe that the inmate phone call records would exonerate you from the allegations made in the restraining order, then these records can be considered crucial... View More
I have a mediation order with my childs mother, shes not following it or allowing me to speak or see my child.
Can I call law enforcement to enforce the order?
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answered on Oct 9, 2023
If the child's mother is not adhering to the mediation order, you have the right to return to court to seek enforcement of the order. Documentation of instances where the order was breached can be beneficial. It's essential to consult with an attorney to understand the best course of... View More
She lives in Shasta county and our orders are out of San Joaquin county which neither of us live in. Nobody will help
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answered on Oct 9, 2023
I'm sorry to hear about your situation. In California, violating a court-ordered custody arrangement can have serious legal consequences. If your ex has been in violation of the order since 2019, you should document each instance of non-compliance. You can file a motion for contempt in San... View More
She lives in Shasta county and our orders are out of San Joaquin county which neither of us live in. Nobody will help
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answered on Oct 9, 2023
If your ex is violating a court-ordered custody arrangement in California, you can take several steps. Begin by documenting every violation. You can then file a motion for contempt of court in the jurisdiction of the order. If found in contempt, your ex may face penalties like fines or jail. If... View More
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
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answered on Oct 9, 2023
In California, a Power of Attorney (POA) authorizes someone to act on behalf of another in legal or financial matters. If your daughter has overstepped her authority as granted by the POA, there may be legal remedies available. If the POA is durable, it continues even if the grantor becomes... View More
all my mail. including rent checks, sent directly to her. She has overtaken my real estate business,firing an employee never even consulting me,about new leases, needed equipment or any other issue that might occur.
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answered on Oct 9, 2023
In California, a Power of Attorney (POA) grants the agent (in this case, your daughter) specific powers as outlined in the document. If she is acting beyond those powers or misusing them, you have recourse. You can file a petition in the appropriate Superior Court alleging abuse of the POA and... View More
answered on Oct 9, 2023
No. Only the account holder can cash in an IRA. Without express authority, one spouse cannot cash in an IRA held in an account held for the other spouse.
Be aware that some parties opening an IRA give another person (often their spouse) express authority to make withdrawals on their... View More
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