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Richard Glenn Freed

Richard Freed’s Answers

72 total


  • What if the petitioner shows up to a TRO hearing. but the respondent was never served TRO papers, and fails to appear? CA.

    San Diego ca. TRO/RESTRAINING ORDER HEARING.

    Richard’s Answer

    If one party appears in court to get the temporary restraining order and the request is granted, the clerk will set a hearing date within a certain number of days and instruct the moving party to make sure that the defendant receives all the paperwork before the court date. Sometimes it is not possible to effectuate service in a timely manner. At the time of the hearing, the moving party will appear in court and tell the judge they were not able to serve the responded with the paperwork. The court will do something called a reissue which means they give you a new court date and tell you to make sure the other side gets to read your paperwork before the next hearing everyone has a right to fight in court but it always has to be a fair fight. Good luck.

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  • My daughter was served with a restraining order that was granted march6th 2015, she was never notified of the filing.

    SHE LIVES IN san fran, filed in el cajon

    Richard’s Answer

    If I understand you correctly, your daughter lives in San Francisco and the court in El Cajon granted someone else's request for a restraining order against her. But she apparently knows about it now. I wonder why the order was issued if she is too far away to be a danger to the alleged victim unless she travels back-and-forth frequently or perhaps it is a matter of Internet stalking which can be done anywhere. However, that was not your question. You want to know what can be done because your daughter never was served with the temporary restraining order or given a fair chance to present her side of the story that to defend yourself. And I correct? The best thing to do is file a motion to vacate the judgment and to prepare a declaration explaining how she was not served and why she now is aware of the order was granted. her complaint is very basic and constitutional in nature. Every citizen is entitled to notice and opportunity to be heard. It's in the due process clause. It means before the court makes any orders against a person, they should know what their accused of that have a chance to defend himself. That didn't happen for your daughter. So the order that was granted needs to be thrown out.
    invite

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  • If a garnishment has been enforced by DFAS and the amount that there garnishing isn't the full amount am I in contempt of court?

    Do I have to do anything after a garnishment is enforced or am I in compliance with the law.

    Richard’s Answer

    • Selected as best answer

    Mr. Taylor is correct. There are four elements to prove the contempt action. There has to be a valid order; you have knowledge of the order; you have to have the ability to comply with your other; and then you have to willfully disobeyed the order. It is your obligation to pay the full amount of child support each month. You know how much is being taken out of your paycheck and how much your child support obligation is every month. The question is whether or not you have enough to pay for your necessities of life and still meet the child support obligation. Sometimes the person violate the court order but does so unintentionally. Stated differently content is very difficult for even season attorneys to prove because there are so many constitutional protections to help you stay out of jail. It is the other sides burden to prove you had the ability to comply with your daughter and that is not always an easy task. On the other hand, the best course of action is to acknowledge how much you are behind and then either set up a payment plan or bring the deck current. Do you judges will appreciate or allow a contempt action to be filed when there are no longer any arrearages.

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  • What is the visitation schedule normally recommended for a 5 year old.

    My daughter has court ordered visits with her dad a few hours at a time 4 days a week. This order was put in place when she was two. He and I have been able to put our past issues aside and co parent our daughter. (Surprisingly) he works grave ya...

    Richard’s Answer

    Fortunately there are no set rules or guidelines for how to establish a schedule of visitation in any given case the judge will do it based on whatever is best for the child. It depends on your work schedule, and his work schedule, how far apart you both live, the age of the child, when and where the child goes to school, whether the child has any special needs, and so forth. The goal in California is to make sure children have continuing frequent regular and ongoing contact with both parents after the parents are separated or divorced. That policy has to be balanced against any existing protection issues or needed safeguards in cases where one or both parties have a history of alcohol abuse drug use domestic violence or other factors that impact the child.

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  • Restraining Order against Husband / separated.

    I recently put out a Restraining Order against My Husband. We have been separated for awhile now, since January 2014. Since My Mother has passed. He recently broke into My house while I was with another man. In any way possible can he have the ...

    Richard’s Answer

    Definitely do not drop the restraining order against your husband. He sounds like a man restraining orders were meant to control. California is a no-fault state for many years. It means the judge does not care if you were sleeping with another man nor any other facts that do not directly bear on the single issue in the case. Has he done anything to hurt you, or place you in reasonable fear of imminent harm, physical emotional psychological financial or other? You've been separated since January 2014; this might be a good time to take the next step and file for divorce if you're not going to reconcile. If you rely on his support to pay bills or make ends meet and maintain the marital standard of living you are entitled by law to be paid spousal support. How much and how long depends on how long you've been married and the other factors in family code section 4320. Lastly, if the TRO is new (temporary), and you ask to dismiss the case because he threatened to cut off your support the judge will still keep the order in place. Instead I would suggest that you enforce the restraining order if he violated the terms and file a contempt action along with your support request when you file the divorce and let him spend five days in jail so next time he'll think twice before threatening you

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  • In a family law cast, how do I ...

    Oppose a witness list? Can I do it before the trial? What is the procedure for denying a witness? Can I refuse to give testimony or testify against myself in a deposition? Can I plead the 5th amendment in a deposition? Can a CPS report clear me of...

    Richard’s Answer

    If you have a legitimate evidentiary objection to the names on a witness list presented sufficiently before the date set for trial, you can file a motion in limine and asked the court to exclude The testimony of a particular witness if your objection is granted.
    For example if 10 people are planning to testify on the very same issue like Tom is a real good employee because he always goes to work the judge will likely not be interested in cumulative testimony.
    As for your own testimony everyone has the right to exercise their fifth amendment privilege and no one can be compelled to testify against himself or make incriminating statements that could be later used against the witness.
    Fundamental constitutional fifth amendment guarantees however only apply to criminal acts The penalty of which includes the deprivation of liberty or going to jail

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  • How EXACTLY do I request retroactive child support?

    I filed for divorce on June 19th 2014. My husband was served on June 23rd 2014 and my divorce was granted by default on December 24th 2014. I was advised by the fmily law facilitators office to file an order for child support which is what I'm doi...

    Richard’s Answer

    I think the correct answer to your question is to file a document called request for order. Check the box for child support and the box for other relief. Type in the word retroactivity. You should accompany the form with a typed statement telling the court that you have never received a guideline child support award in your case. Your judge may backdate the effective date of child support to the first date of filing. If there has been no order for support in your case, none of the payments, if any, voluntarily made by the other party will be applied to the newly created order and the court will calculate the child support arrearages owed on top of the ongoing child support. In addition the court will order add on child-support costs which include uncovered medical dental optical orthodontia counseling and prescription drug expenses incurred for the children but not covered by insurance plus half of any child care costs that are needed for employment or education related to employment. Child support Is based on the amount of each party's actual income or earning ability, the number of kids at issue and timeshare percentage in your parenting plan. Use a lawyer or the FL facilitator. Period. It is easy. End of story. Go do it.

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  • How do I add my Childs father to his/hers birth certificate with without a hassle??

    He wasn't there for the birth and now that he's back from China I want him on the birth certificate

    Richard’s Answer

    Ask him to cooperate and then go down to public records to have the birth certificate amended. Or file a paternity action and get a judgment of paternity and then have the birth certificate amended.

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  • Do I need to send proof of service to the opposing party if I subpoena the court ordered therapist?

    Family law case-custody dispute. I am going to a status hearing and want to subpoena the court ordered therapist. Do I need to send the opposing party a copy of this subpoena or proof of service?

    Richard’s Answer

    I agree. There are not supposed to be any surprise witnesses with exception of true rebuttal witnesses and in your case that would include your expert.

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  • Can I put my son in childcare on my days without my x's permission, the court order doesn't mention it either way?

    I have my son Wednesday's 8am - Fridays 8am and every other Friday 8am - Monday 8am. The court order makes no mention of childcare outside of that we are each responsible for 50% of the cost of it but only related to employment.

    Richard’s Answer

    Nope, not if you share joint legal custody which requires you both to share all of the information and all of the decisions regarding a child's health education and welfare, which would include who is allowed to watch your child for childcare when you're not available

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