Skip to main content
Carina Castaneda
Avvo
Pro

Carina Castaneda’s Answers

20 total


  • Is there a way to Remove a TRO case in Family Law active action (case), so it can be heard by new judge? Or 170.x

    Looking for lawyer- Case filed by Petitioner 2015 ongoing to today with Petitioner's (her) heels still stuck in the ground for full custody rights. Judge has been slowly adding hours to Respondent (Mon after school, Wed overnight, Fri after school...

    Carina’s Answer

    To file a 170.6 against a judge, it would need to be your first appearance in that court. If it is not the first appearance, you would need to defend the TRO in the subsequent hearing so there is no restraining order in effect. You need to consult an atty. asap.

    See question 
  • Is it a law to keep info from family members? Is there anything I can do about this?

    The brother of my one of my friends was shot by a police officer in Santa Ana, CA. That is honestly all the information we have. When we contact the Santa Ana Police Dept. they wont give us information on what happened or what hospital he is in . ...

    Carina’s Answer

    The immediate family of the "victim" need to hire an attorney. They should be able to get information through discovery.

    See question 
  • So my question is this; do I qualify under that same law to have my felony expunged or reduced any way?

    In 2008 I was convicted of assault with a firearm I was sentenced to 6 yrs in prison which I have served and since then been released and discharged from parole. However I was 17 years old at the time of the crime and i was found unfit and charged...

    Carina’s Answer

    You can seal juvenile files especially based on the facts provided. Also, it appears your case remained in juvenile but additional information would be needed since in adult court--if your case is a "wobbler"--meaning the govt. can either file it as a misd. or a felony, they you can reduce your crime, get an expungement and try for a certificate of rehabilitation. These are not easy tasks but since you were a juvenile when you were convicted and if there are rehabilitation factors present in your case, you need to consult with an atty asap.

    See question 
  • Are there resources that can help me collect this money?

    I was married to a man in the military for less than 10 years. In the divorce I was awarded part of his retirement. I know I cannot receive direct payments because we were married less than ten years. He has been retired for a year and is refusing...

    Carina’s Answer

    If there is a judgment, he may be in contempt of a court order. An affidavit of contempt can be filed. Note as well that if you win, you could be awarded all or a portion of the attorney fees. Note, there are specific legal requirements that need to be followed when a spouse is in the military.

    See question 
  • Renewing restraining orders and criminal protective orders?

    After a DV incident, civil DVRO was issued which was violated. Since he was on probation for an unrelated case, his probation was revoked and he was sent to serve a term in state prison. I was added to that case and granted a Criminal Protective O...

    Carina’s Answer

    Since he has prior violations, the likelihood that the court will grant you a new DVRO and CPO extended is pretty good.

    See question 
  • Push back trial date

    How do I push back a trial date for custody? If I'm not ready. Is there paper work,

    Carina’s Answer

    Request if the opposing party will grant your request to continue then simply file a "stipulation to the effect with the court." But this is if the court allows a continuance. If you are not represented by an attorney, it may be incumbent upon you to request a continuance to allow you to get an atty. since this is a critical hearing.

    See question 
  • Pursue a property lien or file for contempt of non-support for past-due child support? Old case with father in TX and me in CA.

    Minor is now an adult and this case is for court ordered child support back from 1976. Father paid about $300 during the 18 years. He paid while he was in prison because they garnished his half-way house paycheck. He owns real and personal prop...

    Carina’s Answer

    It is too bad this is only an arrears case only now. I had prosecuted cases involving child support cases when the Dept of Child Support in CA was within the DA's office in LA County. The state department will not enforce a valid order if it is only arrears. In recent years, I have been successful in getting a stipulation and agreement between parents pertaining to arrears even outside of the US so that is an avenue to pursue. You may not get the full amount of arrears but you may get a lump sum in exchange for a waiver of some of the arrears.

    See question 
  • California only: Can a minor child be forced to testify at a contempt trial without being subpoenaed?

    Trial set for next Wednesday. Attorney just filed a witness list (today) with minor children on it - 7 days before trial. Court orders already in place prohibiting minors from knowledge of court disputes between parents. 730 expert already denied...

    Carina’s Answer

    Since contempt is punishable by jail amongst other things, the court will need to weigh the evidence that could be provided by the witness (even a minor). Under Evidence Code 403 standard (probative v prejudicial). The issue is not going to be whether a party was subpoenaed esp. if they are already present but whether the testimony will be relevant, probative and of course, if we are talking about the minor who are issue, the court's review will take consideration of the child's interest. You need to object if you have valid grounds then opposing party must show they have good cause and can not get this evidence in an alternative way. Bottom line, in criminal cases, judges make 403 decisions in all evidence- documentary and testimonial

    See question 
  • Who pays for the attorney in contempt when one cannot afford it. The judge appointed one.

    When a person enters a court and faces charges of contempt and states they cannot afford an attorney, the judge then appoints one to them. Who pays for this attorney? How much money can be spent to defend this person? Who pays for all the peopl...

    Carina’s Answer

    Since contempt is a "quasi" criminal action, you have the same constitutional rights as you would if you were a criminal defendant, including the right to a court appointed atty. Note, since I was a DA for 10 years in LA County, you may qualify for a public defender or even an alternate public defender (if you had used the services of the PD) before. The court can assess fees to be paid -- it is not always free.

    See question 
  • How can you close and expunge a Restraining Order after it expires?

    The Restraining Order expired on 4/6/2012 and I checked online through the Superior Court in which the case was out of and it said the case was still open. What do I have to do to close that? Can I have it expunged? Also the plaintiff passed away ...

    Carina’s Answer

    The restraining order is expired but the case may still be open. Not clear if you are talking about a criminal case or a family law case. Expungements are only applicable to criminal convictions. If your case is "open" there may be outstanding issues with your probation that needs to be completed. Depending on the type of case, criminal cases can be expunged and some can even be done through a certificate of rehabilitation in California.

    See question