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Nicole Elizabeth Nicolette

Nicole Nicolette’s Answers

14 total


  • My appeal was denied in NJ...what is the next step?

    The Mercer County Domestic Violence Team forged a restraining order and back dated it 20 years I proved that it was fake and filed suit in the USDC Trenton. The NJ AG forged more documents to cover up the crime and the USDC granted them SJ using t...

    Nicole’s Answer

    I agree with the other answers, however, you can also file a motion for rehearing or rehearing en banc, in which you are requesting the entire Circuit Court to hear your case. Once this motion is filed, it will toll the filing time of a Petition for Writ of Cert to the U.S. Supreme Court. If this motion is denied, you will still have 90 days to file you Writ with the Supreme Court.

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  • Pendleton, OR. I have an Immediate and Desperate need of Pro Bono Appeals repersentation for a support order based on false...

    falsified statements from father. have submitted my objections with sprt enf. and begged them to investigate the truth, & nothing!

    Nicole’s Answer

    Your objections needed to be made a part of the record. In other words, there must be some evidence in the record that the court considered your position that he presented false statements and ruled against you in order to file an appeal. However, child support is always modifiable , so you can also file for a modification of support once you have the evidence to show the court that the father presented false statements during the previous hearing.

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  • If you file an appeal are you served with any type of paperwork?

    Person tried in GA as a recidivist offender, immediately asked court appt lawyer to file an appeal. Has not heard a word since regarding the case. Evidence given to lawyer was never presented in trial and lawyer did not even contact person until t...

    Nicole’s Answer

    You can check to see if the Court of Appeals has an online docket, if so, the case should come up in a docket search if an Appeal was filed with the Court. You can also call the Clerk of Court for the Court of Appeals to check the status of the Appeal. You just need the person's full legal name.

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  • Do I need a criminal defense attorney or a appeal lawyer?

    advice on a forfeiture of a house that was inherited because of a drug case and the person has no priors . the person is in prison and they are trying to take the family home. there is a lot more to this but we are also broke.

    Nicole’s Answer

    If the case was in Federal Court, you need a Federal Criminal Defense Attorney who handles forfeiture cases. In other words, you need to determine if the State or the Federal Government is trying to seize the home. If it is the state, look for an attorney who handles forfeitures in State Court.

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  • Appeal without Findings of Fact and Conclusions of Law entered?

    I am appealing a relocation decision (family law). An Order on Objection to Relocation and new Parenting Plan were entered at trial but the judge did not sign a Findings of Fact and Conclusions of Law. Do the Findings of Fact and Conclusions of La...

    Nicole’s Answer

    If you have a Final Order, you can likely file your notice of Appeal, although you should check with an Appellate Attorney in Seattle for the exact Rules of Procedure. You only have a certain period of time to file a notice of appeal, and you want to make sure you do not miss the deadline. You can also go ahead and order the transcripts from the hearing, these transcripts will be important for you appeal, as they will be included in the Record on Appeal.

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  • Are designations due 14 days after the notice of appeal is filed?

    I filed an amended notice in bankruptcy court and by my calculation I believe the designation of appellate record and statement of issues will be due 14 days after our notice of appeal which was filed on(3/8). Am I correct?

    Nicole’s Answer

    Generally in Federal Court If you filed the notice of appeal, you must file the docketing statement within 14 days and order the transcripts from the proceedings from the court reporter. However, you should read the Appellate Rules of Procedure which will be located on the Court's website for the exact dates the documents are due. I also recommend you hire an attorney to assist you with this matter.

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  • "How & when" may I appeal a family court judge's order,if parties made agreement on record-but changed my mind later that day?

    If a legal complaint over child visitation was resolved pre trial (in the court house on the trial date) through negotiations and an agreement/settlement. This was very fast paced, shocking to me (because the father of our son never backs down), a...

    Nicole’s Answer

    You have 30 days to appeal the Final Order, and you start the appellate process by filing a Notice of Appeal. However, if you entered the agreement on the record, appealing the Order may not be your best option. If it is clear from the record that you entered the agreement freely and voluntarily it will not likely be overturned on appeal. The Appellate Court only reviews what is in the record, so issues that were not mentioned in court will not be addressed by the Appellate Court.
    However, you may be able to modify your order, especially if there were important issues that were not addressed in Court. I suggest you contact your lawyer immediately.

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  • MY QUESTION IS WHAT CAN I DO TO APPEAL .THERE HAS TO BE SOMETHING OR SOMEONE WHO CAN TELL ME SOMETHING THATS POSITIVE

    TO GET MY LITTLE GIRL BACK WITH HER MOMMIE WHERE SHE REALLY BELONGS ,AND SHES LOVED ,AND, CARED FOR, AND MY LITTLE GIRL IS SO MUCH MISSED BY HER MOMMIE AND, FAMILY ,AND BY SO MANY OTHERS. PLEASE NONE OF THIS SHOULD HAVE HAPPENED TO US, I WAS A G...

    Nicole’s Answer

    • Selected as best answer

    I need more information to answer your question. It depends on what stage you are in the custody proceedings, if a final custody order has been entered by the family court, it can be appealed. If it is just a temporary order, the family court still has jurisdiction and you will need to fight for custody in that court, I suggest you contact a family law attorney in Tucson as soon as possible.
    remember child custody is always modifiable, don't give up!

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  • In NY, does a phrase like “is directed to” constitute an appealable Order in a divorce trial decision?

    The judge issued a decision after trial that we believe contains errors in fact and application of the law. Is the decision appealable, or must we wait until I t is incorporated into a Divorce Judgment?

    Nicole’s Answer

    I would first talk to the lawyer in NY that handled your trial for help with this question. You must find out if this was an informal decision or if it is a Final Order of the Court. If it is a Final Order, it may be appealed. If it is not, you may want to file a motion for reconsideration first, which will also help preserve potential issues for the appeal.

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  • My nephew needs help a Habeas Corpus appeal..........

    He needs help with his appeal he wasn't given a fair trial in Kern county. He has a criminal history from a young age, however he managed to stay productive with a steady job for many year. He started a family and managed a job. He was arrested a...

    Nicole’s Answer

    You need to find out what stage of the appellate process your nephew's case is in, for example, has a direct appeal been filed and if so, the outcome of that appeal. If a motion for change of venue was not made at the trial level, the issue is likely waived. However, I would talk to an appellate lawyer in California first to determine what may be appealed. You stated he needed help with a habeas Corpus appeal, but you must first find out the date he was convicted and the date the judgment became final to make sure he meets the basic requirements to file a Habeas petition. As a result, I highly recommend that you consult with an appellate attorney in California in order to determine what can be done for your nephew.

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