Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Family Law Questions & Answers
2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for California on
Q: What is the difference between propensity evidence and habit evidence?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2023

In California, propensity evidence and habit evidence are both types of evidence that can be used in a legal case, but they are distinct concepts with different legal implications.

Propensity evidence refers to evidence of a person's character or disposition that suggests that they are...
View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for California on
Q: What is the difference between propensity evidence and habit evidence?
Dale S. Gribow
Dale S. Gribow
answered on Mar 18, 2023

propensity evidence and habit evidence:

Propensity evidence involves the general character or disposition.

Habit evidence involves a habit or pattern of behavior.

Propensity evidence is normally not admissible.

Habit evidence may be admissible if it is relevant and...
View More

View More Answers

1 Answer | Asked in Family Law for California on
Q: l left my home 4 months ago with my 2 kids do to domestic violence, can he accuse me of kidnap

i never call the cops

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

If you left your home with your two children due to domestic violence, you have not committed kidnapping. Kidnapping is a serious crime that involves taking a person against their will, and you left your home with your children to protect yourself and your children from harm.

It is...
View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: How do I get my child back from her grandparents after her father was kicked out.Police can’t force supposedly

The father was asked to take her for a short period of time in September after not seeing her for a year. He’s played like everything was great while his parents have not tried to reach out to me while filing guardianship behind my back. I’ve been trying to schedule a time and establish a plan... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2023

If you have legal custody of your child and the grandparents are refusing to return the child to you, you may need to take legal action to enforce your custody rights.

First, you may want to consult with a family law attorney in the state where the child is currently located to discuss your...
View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: I was serverd with a RFO for custody modification. I was planning on my own RFO.

May I file my own RFO and attach it to my existing court date? I already filed my response in California.

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 15, 2023

Each separately filed Request for Order is assigned its own hearing date. You could file your RFO and then ask, after the fact, that the two dates be consolidated. But why bother? If your RFO is for the same thing - modification of custody, indicate what you want in your responsive declaration... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: I was serverd with a RFO for custody modification. I was planning on my own RFO.

May I file my own RFO and attach it to my existing court date? I already filed my response in California.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

Yes, it is possible to file your own Request for Order (RFO) for custody modification in California and attach it to your existing court date. However, you will need to make sure that you follow the court's rules and procedures for filing an RFO, including serving a copy of your RFO on the... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for California on
Q: I just applied FL-100 form but I put that my ex-wife and I don’t have any assets and debts to declare but we still have

Cars, credit cards and joint bank account. What do I have to do now to fix that?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

If you have already submitted the FL-100 form but later realized that you made an error by stating that you and your ex-wife do not have any assets or debts to declare, you will need to correct this information by filing an amended FL-100 form.

To file an amended FL-100 form, you will need...
View More

2 Answers | Asked in Divorce and Family Law for California on
Q: I filed for divorce and missed the court date. Now what do I do?

I filed for divorce and missed the court date. I haven't heard anything from the courts so I do not know what to do next? I want to continue with the divorce

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 15, 2023

What court date? For what? If all you did was file for divorce and nothing more, there won't be any court date or hearing. You get court dates/hearing dates when you file a motion or when you ask for them, such as a trial setting conference. The court isn't going to contact you. It... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: I filed for divorce and missed the court date. Now what do I do?

I filed for divorce and missed the court date. I haven't heard anything from the courts so I do not know what to do next? I want to continue with the divorce

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

If you missed the court date for your divorce case, it is important that you take action as soon as possible to address the situation. Here are some steps you can take:

Contact the court: You should contact the court where your divorce case was filed as soon as possible to find out what...
View More

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: A minor boy12 innapropriately touched my daughter 3 years ago when she was 9 she is 12 and just tood me what can i do?

What can i do since he also is a minor he was 12 or 14 at the time i cant remember the boy lives in Texas but it happened in california.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

I'm sorry to hear about what happened to your daughter. Here's some information that may be helpful:

Under California law, the statute of limitations for filing a civil lawsuit for childhood sexual abuse is generally within 8 years of the victim turning 18. However, if the abuse...
View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can I request case transfer from "Van Nuys" court to "LA downtown" court?

My wife filed a Domestic Violence Temporary Restraining Order (DV TRO) against me in Van Nuys, and I was served. I also filed an FL-100 in LA, which is in the same county but has not been served yet. Can I request a case transfer by filing an RFO to Van nuys court even if the FL-100 has not been... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

It is possible to request a case transfer from one courthouse to another, but the specific process and requirements will depend on the rules and procedures of the court where your case is currently pending.

In general, you may be able to file a motion or request for order (RFO) to transfer...
View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Hello,is it possible to reopen unfair divorce agreement to reinstate spousal support?

Been married for 25 years have 3 mutual children

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

Whether or not it's possible to reopen a divorce agreement to reinstate spousal support will depend on the specific circumstances of your case and the laws in your jurisdiction.

In general, if there has been a substantial change in circumstances since the divorce agreement was...
View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex parte was Granted today

My wife served me with a TRO in A court, and in response, I filed an FL-100 at B court, which is also in LA county. I filed an ex parte request to transfer the TRO to my divorce case today, and it was granted. However, I was told by the court to serve the TRO to my wife as soon as possible, but I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

It's important to follow the court's instructions and serve the TRO to your wife as soon as possible, even if you do not know her whereabouts. If you are unable to serve her personally, you may be able to use substitute service methods such as serving her by mail or email, as long as you... View More

2 Answers | Asked in Family Law and Child Support for California on
Q: my class A license was suspended in CA on 1/23/22 and i was never notified of this action , how can i get this lifted

my class A driver lic was suspended in california and i was never notified of this action , i found out about this when I went to get a new driver lic in the state I had recently moved to. I have been unemployed since August of 2022 and i havent been able to make a payment , and I am currently in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2023

If your Class A driver's license was suspended in California and you were not notified of the suspension, you may be able to request a hearing to challenge the suspension and have it lifted.

To request a hearing, you will need to submit a written request to the California Department of...
View More

View More Answers

1 Answer | Asked in Divorce and Family Law for California on
Q: My ex wife she taken all decisions for my 2 kids l have only visitors she is go to out from the country 4 times per year

And stay there for 3 weeks somthimes more her mom takes care of my kids and l pay her for the food what can l do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2023

If you are concerned about your ex-wife's decisions regarding your children and her frequent trips out of the country, you may want to consider talking to a family lawyer about your legal rights as a parent. You may be able to seek a modification of your custody agreement to increase your... View More

1 Answer | Asked in Family Law for California on
Q: Is it possible to file for alimony online? Where can I find Bono attorneys?

I want to file for spousal support (alimony) I tried getting my name changed but was not able to due to divorce decree letter. I asked my ex if he can email or mail me the form I received the form and told it was not the correct form. He mailed another form that stated it was filed.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2023

The ability to file for alimony online varies depending on the jurisdiction where you live and where the divorce was finalized. In some areas, it is possible to file for alimony online through the court's website or through an online portal. However, in other areas, you may need to file your... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How can I serve notice for an ex parte while under a no-contact order in my wife's TRO case?

I have a no-contact order in my wife's TRO case against me, and I'm planning to file an ex parte to transfer the case to another court where my ongoing divorce case is being heard. I will need to fill out FL-303, but I'm unsure how to give my notice to her. Can I mark "Unable to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2023

If you have a no-contact order in your wife's TRO case, you may be prohibited from contacting her directly or indirectly, including through email or text message. It's important to follow the terms of the no-contact order carefully to avoid potential legal consequences.

If you are...
View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: My TRO case has been consolidated with Divorce?

Wife left home 3weeks ago and is staying in the shelter or friend home unknown. She served me TRO (p.o.box address) her court is 50miles away and then I filed divorce in our hometown court. Wife's TRO hearing is March23. I also filed RFO for transfer wife's TRO to our court and the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

Based on the information provided, it appears that the June 5 hearing is for the RFO (Request for Order) to transfer the TRO case to your hometown court. It does not appear that the consolidation of the two cases has been ordered yet.

If the RFO is granted, the TRO case will be transferred...
View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to serve DV-100 and FL-260 to Wife in the courtroom?

I don't know her whereabouts, but by chance, I'm going to meet her in the courtroom a week later via Bailiff. Do I have provide for the sheriff with Form DV-200 and FL-115 filled out with his sign section blank?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

If you will be seeing your wife in court and you want to serve her with the DV-100 and FL-260 forms, you may be able to do so with the help of the court bailiff or a process server. Here are the general steps you should follow:

Obtain copies of the forms: You will need to obtain copies of...
View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Who can contact to have a court case file investigated for illegal actions made in court?

I want to have a legal expert to go over a previous DCFS case from 2018 to investigate illegal actions made by dcfs and the courts. One example there is physical evidence just accusations and the so called witnesses all have same statement word for word they lied and changed the sheriff's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

If you believe that there were illegal actions made by DCFS and the court in a previous case, you may want to consider contacting an attorney who specializes in family law and has experience with challenging DCFS cases.

One option is to contact the California State Bar Association's...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.