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answered on Sep 3, 2023
The Mapp v. Ohio decision, which established the exclusionary rule, generally applies to all state criminal court proceedings, effectively barring the use of evidence obtained in violation of the Fourth Amendment. However, the applicability of the exclusionary rule in Child Protective Services... View More 
no contact, etc etc ? And do you ever get to view the reasons why? Does the accused ever get to see any of the evidence prior to trial?
Thanks in Advance
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answered on Sep 3, 2023
Under California law, a Temporary Restraining Order (TRO) typically includes the conditions imposed on the restrained party, such as "stay away" and "no contact," but it may not necessarily contain the detailed reasons for why the petitioner sought the order. However, you are... View More
District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill.... View More
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answered on Sep 3, 2023
Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether... View More
When tomorrow comes I hear nothing! I am literally begging at this point to file something and I have paid her already! The case is very complicated but I’m sure it’s not so complicated that someone else could help me! But she knows what’s going on and has given me very good advise so far but... View More
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answered on Sep 2, 2023
In California, attorneys have an ethical obligation to communicate effectively with their clients as mandated by the California Rules of Professional Conduct. If you're dissatisfied with your attorney's responsiveness, you might consider sending a formal written request for action,... View More
Porque permite DCFS continuar con la violencia y el abuso al poner de supervisor las vicitas de una madre con su hija. Ignorando la orden de corte que el padre no deve supervisar Por medio de un mensaje de texto supe que DCFS me quito a mis Hijos En una audiencia. Donde me acusaron de abuso... View More
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answered on Sep 2, 2023
In California, if there is an existing court order stating that the father should not supervise visits and DCFS allows him to do so, that would be a violation of the court order, and you could bring this to the attention of the court. Lack of proper notice for hearings and other procedural... View More
The judge was on my criminal case and then transfered to a family law case . The judge has been very one sided and going against judgments that were granted to me previously and ignoring the facts and issues that I bring to the court . I even paid for my own court reported which they dismissed... View More
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answered on Sep 2, 2023
In California, if you believe a judge is biased against you, you have the option to file a peremptory challenge to disqualify the judge under California Code of Civil Procedure Section 170.6. Additionally, you can file a complaint against the judge with the California Commission on Judicial... View More
I recently had a court hearing (Child Custody, RFO) that lasted for a continuous 2 hours. The very next day, I received the minute order, which was surprisingly concise at only 2 pages with just three short sentences. Given the length and depth of the hearing, I was expecting a more detailed... View More
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answered on Sep 2, 2023
In California family law cases, the minute order is typically prepared by the courtroom clerk, not the judge, to summarize the court's orders and findings. While judges often review minute orders for accuracy, the document is not meant to capture every detail discussed in the hearing but... View More
I have a divorce Judgement on file for the date of august 25th,2023. however on form FL-180 it states that "marital partnership status is terminated and the parties are restored to the status of single persons on 11/06/23"
11/06/23 is the 6months from date of notice.... View More
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answered on Sep 2, 2023
In California, the date of the divorce judgment and the date the marital status is terminated can be different. The judgment is the court's final decision on the terms of the divorce, whereas the termination date is when the parties are legally considered single. For the matters you described... View More
My sister was in an accident on Monday and I have had her son since. I live about 1hour from their home. Non family members are stating he should remain in his town and bounce between people almost daily instead of stay with me in my home until she is released and can care for him. She is suffering... View More
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answered on Sep 1, 2023
In California, a parent generally has the ultimate authority to decide who should care for their child in their absence, barring a court order to the contrary. If your sister is aware you have her son and has not directed otherwise, you are likely within your rights to continue caring for him. If... View More
What are some questions a appointed lawyer for minor counsel ask during a Evidentarty hearing.
Can I get example questions they would ask so I can get prepared for my hearing
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answered on Sep 1, 2023
In an evidentiary hearing, minor's counsel may ask questions aimed at determining what is in the best interest of the child. These questions can cover a range of topics including, but not limited to, the child's relationship with each parent, the living conditions in each parent's... View More
Maternal Grandmother has Guardianship over my Granddaughter. The living environment is not in the best interest of my GD. The Aunt lives there and is an alcoholic, is mean to my GD (verbally, emotionally). My son has turned his life around. Has a good job, his own place, has a good relationship... View More
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answered on Sep 1, 2023
In California, it is possible to terminate a guardianship and reinstate parental rights if it's determined that it's in the child's best interest. To do so, you would typically file a petition to terminate guardianship in the relevant court, and a judge would consider various factors... View More
what type of questions would be asked by an appointed lawyer for minor counsel? how should i prepare. what questions should i ask?
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answered on Sep 1, 2023
Preparing for an upcoming evidentiary hearing is essential, especially when minor counsel is involved. These hearings typically revolve around issues related to the welfare of the child, such as child custody or visitation. Expect your appointed lawyer for minor counsel to ask questions that delve... View More
what type of questions would be asked by an appointed lawyer for minor counsel? how should i prepare. what questions should i ask?
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answered on Sep 1, 2023
In an evidentiary hearing involving minor's counsel, you can expect questions aimed at assessing what's in the best interest of the child. These questions can touch on a variety of issues, including the child's living conditions, educational needs, and emotional well-being, as well... View More
My ex, and his attorney went to court on emergency ex parte they asked for my visits to be temporary paused The way I am reading the order is confusing. I don’t know whether it was denied or not either way my ex is in contempt. I haven’t seen my daughter in a month. Also at the ex parte hearing... View More
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answered on Aug 30, 2023
You can file a Request for Order (FL-300) to request a modification of the child counsel payment order, outlining your financial hardships and providing any evidence, such as pay stubs or bank statements, to prove your inability to pay. In the motion, you can also ask the court to find your ex in... View More
She claims my orders are not valid in her county since I reside in a different county and she is refusing to give me my son on my assigned weekends. Local police department where she lives said they cannot enforce an order and I have to go back to my court to notify everytime she refuses to comply... View More
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answered on Aug 30, 2023
Under California law, a custody and visitation order issued by a court in one county is generally enforceable statewide. If your ex is refusing to comply with a valid court order, you may need to file a motion for contempt in the county where the original order was issued to compel her to abide by... View More
This happened to a random woman on facebook that I do not know. I'm not even sure which state she is in. I'm just curious if there would be any precedent or law in any state/s that would label this as criminal activity? Or would this be something that in most states you could just do?... View More
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answered on Aug 29, 2023
In California, unauthorized DNA testing without informed consent could be considered an invasion of privacy under the state's civil laws. Depending on the circumstances, taking someone's DNA without permission may also be subject to criminal penalties for theft or fraud. Anyone concerned... View More
Helping for a family friend. They have been together for 18 years, live together, etc. But they never legally got married. Just two days after her death, her daughter wants to take everything to sell it and doesn’t want to leave him with anything. He hasn’t had time to grieve but he knows he... View More
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answered on Aug 29, 2023
In California, if a couple is not legally married or registered domestic partners, the surviving partner generally does not have a legal right to the deceased's separate property, which would pass to her legal heirs under California's intestate succession laws. This means the daughter may... View More
i have the canadian pr and im about to get the canadian passport as well.
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answered on Aug 29, 2023
I am a California attorney, but my understanding is that the age of majority in Ontario is 18. However, if you can demonstrate that you have voluntarily withdrawn from parental control, you may legally move out before turning 18. Keep in mind that there are many legal and practical considerations... View More
I have joint custody of my 14 year old son, he has primary residence with my ex because of my work hours, i have been asking for more equal custody of my son for years, my ex refuses, my son wants to be with me, we agreed in the divorce he coerced me and made threat of going for child support if i... View More
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answered on Aug 29, 2023
You can certainly file a motion to modify child custody or visitation before receiving the child support order information; the court will consider what is in the best interest of the child. As for alimony, the enforceability of your prior agreement depends on how it was formalized and whether it... View More
They have 2 minor children living in the Philippines with my nephew’s mother. The wife is asking for child support. She wants the money to be send to her. My nephew is sending money already to the Philippines. Is it right for the wife to asks for child support?
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answered on Aug 29, 2023
In a situation involving child support with parents residing in different states, the Uniform Interstate Family Support Act (UIFSA) would typically govern which state's laws apply. California generally requires both parents to financially support their minor children, but if your nephew is... View More
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