Marshall William Waller’s Answers

Marshall William Waller

Woodland Hills Divorce / Separation Lawyer.

Contributor Level 15
  1. How can I use self-defense in a domestic violence misdemeanor case?

    Answered almost 2 years ago.

    1. Tai Christopher Bogan
    2. David Jon Pullman
    3. Marshall William Waller
    4. Kevin Samuel Sullivan
    4 lawyer answers

    You need a lawyer. If this is a criminal case and you cannot afford a lawyer one might be appointed for you free of charge. Ask for that. You do have defenses to this charge.

    5 lawyers agreed with this answer

  2. ExSpouse is actively transferring to his family, community property that is still being disputed in family law court.

    Answered almost 2 years ago.

    1. Cathleen Elisabeth Norton
    2. Marshall William Waller
    3. John Noah Kitta
    4. Robert Ricci
    4 lawyer answers

    Your husband is violating the Automatic Temporary Restraining Orders and you need to bring this to the attention of the court. The way to do that is by bring a motion (a formal request) to the Judge's attention asking him for relief in stopping this from happening. For example, you could ask the judge to issue more specific restraining orders so they are more easily enforceable by contempt, things of this nature. You really need to hire an attorney to assist you with this if you are able...

    5 lawyers agreed with this answer

  3. How long do I have to pay alimony for a wife?

    Answered over 5 years ago.

    1. Marshall William Waller
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    This question requires a lot more information before it can be answered. Generally speaking, however, in California the longer you are married the longer the exposure to the payment of spousal support. In California a distinction is made between marriages less than 10 years and more than 10 years. While the courts generally have discretion in these areas, if a marriage is less than 10 years in length (form the date of marriage to the date of separation) the amount of time for spousal support...

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  4. Can I get a restraining order if my ex violates the custody agreement?

    Answered almost 2 years ago.

    1. Marshall William Waller
    1 lawyer answer

    Not a TRO per se, but definitely an order very possibly suspending visitation until there is full compliance and a better protocol is established for the monitor. I would ask for a professional monitor and that the visiting parent pay the costs of it.

    4 lawyers agreed with this answer

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  5. How much alimony does CA require for unemployed ex spouse?

    Answered over 5 years ago.

    1. Marshall William Waller
    1 lawyer answer

    Before providing an answer to your question, I need to recommend that you consult with an attorney in your area who can answer these questions in greater detail, and as applied to your particular situation. The information contained in this answer is just that: information only. You cannot rely upon it as a legal opinion or advice. The calculation of alimony, or "spousal support" in California is actually somewhat complicated. There are essentially two types of spousal support in California:...

    1 lawyer agreed with this answer

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  6. Past due child support lost license, procedure for getting license back under CA child support law

    Answered over 5 years ago.

    1. Marshall William Waller
    1 lawyer answer

    From California DMV website: Child support: Failing to pay your required child support payments can lead to having your license suspended. If this happens, you'll be given a 150-day temporary license. During this period, you're expected to satisfactorily address your situation with the Department of Child Support Services (DCSS). SO, go get the temporary license and then hire an experienced family law lawyer who can help you to address this situation with DCSS. If you cannot afford a lawyer,...

    2 lawyers agreed with this answer

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  7. Difference between Joint Physical Custody and Visitation in CA?

    Answered almost 6 years ago.

    1. Marshall William Waller
    2. Stella Espinoza Browne
    3. Alec Scott Rose
    3 lawyer answers

    To answer your question about the differences between visitation rights in California and joint physical custody; practically speaking, these are two sides of the same coin. As has been explained above, "physical custody" refers to the timeshare arrangement between the parents, whether it is 50/50, 60/40/ 100/0 or somewhere in between. That determination is the so-called "physical custody." "Joint physical custody" refers to 50/50, or very close thereto, and essentially simply gives...

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  8. Can a non-custodial parent file a restraining order against the custodial parent to prevent them from interrupting visitation?

    Answered almost 2 years ago.

    1. Marshall William Waller
    2. Hillary Johns
    3. James D. Madden
    3 lawyer answers

    Yes, you can get orders prohibiting your ex from interfering with your visits while the child is with you, although not domestic violence orders. You can file a simple OSC with the court and explain what is happening to the judge and ask the judge to enter specific orders telling your ex to stop doing what they are doing. On the other hand, if your ex is calling you on the phone incessantly while your child is with you, just don't answer the call, let it go to voice mail and then check it a few...

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  9. Family

    Answered 5 days ago.

    1. Marshall William Waller
    2. Stephen Ross Cohen
    2 lawyer answers

    More facts are needed in your question. What "agency" are you talking about? What exactly did your husband do that you felt you needed to file police reports about? If he is violating the terms of the visitation order or is taking some other action that is contrary to the messengers of the children then you need to go to court and explain that the judge.

    4 lawyers agreed with this answer

  10. If my ex-husband refuses to give me flight and hotel info when he travels to mexico with our children can I keep them from going

    Answered almost 2 years ago.

    1. Marshall William Waller
    2. Mary Katherine Brown
    2 lawyer answers

    If your court order is simply an order pending trial or final judgment in your case then the restraining order prohibiting removal of the child from California pending final judgment in this case is still in effect. You can also go into court "ex parte" as early as Thursday seeking an order that he give you the itinerary you need. If you can afford it, consider hiring a lawyer to help you asap.

    4 lawyers agreed with this answer

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