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Vincent Walter Davis

Vincent Davis’s Answers

34 total

  • I have been asked to ahearing for revocation of my foster care license for trumped up a lies of violating personal rights and c

    child abuse of which both r lies went police station never charged and the district attorney closed the case said no child abuse but still have a hearing on Friday with the department of social service and the community care licensing reguarding ...

    Vincent’s Answer

    I am an experienced Juvenile Dependency lawyer, and have represented my foster parents in licensing situations. The first thing you have to make sure that if charges have been filed, you must request a hearing within a certain time frame. It is not automatic. Please contact me for a free consultation.

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  • Hi: Can we sue Kaiser for negligence and for filing a falsified referral to child protective service to discharge the baby.

    She was at 7 months, and the medical record shows that she was very vigorous. Subsequently she intubated at least two times through the esaphogus. Catheter was placed in the plueral space of the lung. Her stomach was filled with air and required s...

    Vincent’s Answer

    The simple answer is yes; however, there are a lot of things to consider before you take such action. Generally, Kaiser has an arbitration clause they may prevent you from bringing a civil law suit. Also, you must have an expert review the medical records before proceeding to make sure Kaiser intentionally falsified the referral. Some speculate that doctors and nurses may make false referrals to cover up medical malpractice. I have seen some evidence of this in my career, not it is not always the case.

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  • Court filings

    I live in San Jose CA and have a court case in Los Angeles. I will not be able to go to the courthouse in person to file forms, but I will be sending them by mail. IF I am filing a Request for an emergency/Temporary order, can the court fax me a c...

    Vincent’s Answer

    There are several ways the individual court room might handle this matter. The best way is to contact the department's clerk and explain your circumstances and ask how can you proceed. You can reach your department by dialing 213 974 1234, and asking for dept ___ of the Superior Court, located at ____. That operator will connect you and give you the direct dial number.

    You might also consider, contacting a local attorney and retaining him/her on a "limited scope basis" just to handle this one matter for you. You'd probably get a good price.

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  • Is this enough vacationing information or can I ask her for more detail information?

    Court granted week a yr for vacationing time w / our son . It states that " the parent vacationing shall provide the other parent with BASIC ITINERARY , this includes dates of departure and return , destinations , flight information and tele...

    Vincent’s Answer

    Its unfortunate that information is not provided without making a big deal about it. Unfortunately, you have an order that is not very specific on this issue, but you can't cover everything in a child custody order otherwise you'd have a novel.

    I agree with the first lawyer that answered this question. Basic Itinerary, at least in my opinion, includes all the information you are requesting.

    The problem becomes, how do you enforce this order. I would consult with an experienced family law attorney and see if you can't appear ex parte and request the information, or at least shorten time for a hearing. You might also want to request attorney's fees against the other side.

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  • Is it possible to file a Habeas Corpus in family court following an order that puts a child at risk?

    Recently, a visiting family law judge granted custody to a parent who has a history of not abiding by orders of the court. In 2009, the parent was limited to supervised visitation and therapy when the court found the parent put the child's health...

    Vincent’s Answer

    Yes and No. You probably can file a writ of Habeas Corpus, but the parent may file an appeal or writ to the appellate of court. There are several types of writ that may be filed in this instance, but it is not a writ of habeas corpus.
    You should probably discuss the issues in further details with a family lawyer who has appellate experience.

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  • Is there a penalty for lying in a declaration in family law?

    Father has submitted two declarations accusing me of violating court orders which I have not . For example , he tells the courts that I kept our son on a Sunday night because school wasn't on Monday and our court orders state father picks up our...

    Vincent’s Answer

    Yes, yes and yes!!!!

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  • I have a question about a Emergency Protective Order issued in San Francisco, CA about it's validity and being in public record.

    I am trying to get information on a Emergency Protective Order for a relative . The order was never served and the only copy of the order was a photocopy of Application for the Emergency Protective Order ( LETS ) OPE - 001 which was sent by ma...

    Vincent’s Answer

    I'm not really sure what you are asking. However, let me say this: If you want to make sure your order is enforceable, you want to make sure that everything in the order is correct, including the spelling of the defendant/respondent's name and physical description.

    It may be useful for you to seek a free legal consultation with a lawyer. It sounds like this is a very important issue and you want to get things right.

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  • Can I find a lawyer for my civil restraining order case at the last minute without notifying the other side about it...

    I am thinking about hiring a lawyer for my civil restraining order (domes. viol based on threat) as I was falsely accused. I have already responded to my soon to be ex, but without an attorney. Can I still retain one at the very last minute even w...

    Vincent’s Answer

    Yes!

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  • Boy kissed my child at school.

    Is that molestation of one child to another ? He took behind a building and they are only six and the other students witnessed and told staff when staff found them they both began to cry uncontrollably and I was in form about matter from school g...

    Vincent’s Answer

    • Selected as best answer

    Probably not. By definition molestation means an act where the offending party receives some type of sexual satisfaction. I'm not sure you can say any act by a six year old results in sexual satisfaction, although I could not be sure without more information about the boy.

    If there is a problem some sort of counseling with a professional should be sought.

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  • Are there any laws in California that state unrelated children of the opposite sex cannot share a room?

    If I have 2 daughters and my husband has 2 boys each child 2 years apart from the other, can I be in a 2 bedroom and have kids in one room together?

    Vincent’s Answer

    Assuming that you are not a licensed foster home, the answer is yes. However, that is not to say it may not be in the children's best interest, or that you may not receive grief from a county social worker. But remember, there is no crime in being poor and not being able to provide a larger home.

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