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Timothy Miranda
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Timothy Miranda’s Answers

734 total


  • How much do i have to pay to file for divorce?

    are there multiple fees and if so how much would it average to process my divorce

    Timothy’s Answer

    The filing fee for the Petition to initiate the process is $435, unless you qualify for a fee waiver. There are several other, ancillary fees, such as for filing a motion. I have added a link below with all of the current fees for San Diego County.

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  • Domestic violence

    What are the guidelines for making a domestic violence report/ obtain a restraining order. Is it based off more recent events of abuse /violence, or can it be based off past incidents. Do I Need to prove a pattern of behaviors if the major inc...

    Timothy’s Answer

    While recency is not a statutory bar to the request, it is a practical consideration for the Court, since you are seeking a prospective injunction. The law in this area changed in January to permit greater consideration of past events and course of conduct, as well as more types of conduct that constitute "domestic violence." There is no statute of limitations on a DV restraining order, but again timing goes to the weight of the evidence. You should review Family Code Sections 6200 and 6300, and then consult with an experienced DV attorney.

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  • If the judge denies the petitioners application for a civi harassment TRO, can the prosecutor prosecute the respondent for the

    thing? If the judge denied the request is that the end of this thing or can the D say there is reason t prosecute based o the same thing??

    Timothy’s Answer

    Yes. However, if the proceeding could not be sustained on a lower burden of proof (clear and convincing), this will be considered by the prosecution, who must prove the criminal case at the higher standard of beyond a reasonable doubt.

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  • Motions in limine to exclude illegally obtained evidence in A Domestic Violence TRO hearing?

    My ex, illegally accessed my personal data files in order to gather evidence against me in an upcoming Domestic Violence TRO hearing? Would I be able to file a motion in limine to exclude the evidence?

    Timothy’s Answer

    You can, and in it you will need to show authority as to why the Court cannot consider the evidence that you deem to be illegally-obtained. You should also add-in other evidentiary objections, such as foundation, hearsay, etc.

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  • Does Family Code section 218 allow discovery in postjudgment child support matters?

    My husband and I are divorced and I want to modify the existing child support orders. However, I need to do some discovery on his financial situation. Does Family Code section 218 allow me to serve formal discovery requests on him for this purpose?

    Timothy’s Answer

    Yes, but there must be a modification motion pending. If you are not sure about filing that yet, send him an FL-396 form, and possibly an FL-397 to his employer. See Family Code 3664.

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  • Can I still be convicted in criminal court if a family law restraining order was denied?

    A family law restraining order against me was denied. Can I still face criminal prosecution arising from the same case and set of facts?

    Timothy’s Answer

    Yes, because there is a different purpose behind an injunction and a conviction for a past, criminal act. However, since the burden of proof in a criminal case is much higher than that in a DVRO case, the fact that a restraining order was not issued will be something that the prosecution will have to consider, when deciding whether to present charges against you, or not.

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  • Does having nude pictured and sex videos (put on a porn site) make a mother unfit.

    The father is the noncustodial parent and mother is primary. She was part of a private group that posted nude pictured and had made sex tapes with a previous partner and he posted the videos to a porn site. They have been removed. Father may try s...

    Timothy’s Answer

    It creates an argument, but if the children were not purposefully exposed or otherwise involved, the fact alone that a parent made a consensual, otherwise legal tape and pictures will not move the custodial needle.

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  • My ex boyfriend who I have a restraining order against recently sent me an email. What should I do?

    I have a permanent restraining order against my ex boyfriend who was abusive in the past. I recently received an email that he forwarded from my veterinarian about an upcoming appointment. It seems innocent but I do not wish to receive any communi...

    Timothy’s Answer

    Technically it is a violation of the DV restraining order, if the restraining order has a no-contact provision. You can report it to the police, and they should make contact with him. They may or may not arrest him. Likewise, you could file an OSC re. contempt in family court for the violation, but that would be laborious and costly.

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  • Do I need a civil harassment restraining order or a domestic violence restraining order?

    I am divorced and have a court order that my ex is not to come within a hundred yards of my home. This came into effect due to my ex's coming to my home and harassing me. He was fighting the RO so we agreed to a stay away order. However he ...

    Timothy’s Answer

    You would need to request a Domestic Violence Restraining Order, since there is a preexisting marital relationship. That is good, as the burden of proof to receive the restraining order is much lower. The Family Code at 6320 and 6203 list what type of conduct may be enjoined by a DVRO. Typically one is protected in making true reports to public agencies. However, the court may consider the totality of the conduct that is harassing, including these reports, their validity, and motive.

    Bottom line is that it is ultimately up to the discretion of the judicial officer. However, you appear to have the elements of harassment and threats, and a breach of the stay-away.

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  • If someone is representing themselves in a restraining order case, can they contact the other party to negotiate a settlement?

    Well, that's pretty much my question. If someone is representing themselves in a restraining order case, can they contact the other party to negotiate a settlement?

    Timothy’s Answer

    It depends on if it is the petitioner that wishes to contact the respondent, or vice versa. The respondent cannot contact the petitioner, but can contact their attorney, if applicable. Contacting family or friends to communicate a "settlement" can be big trouble too. If the petitioner wants to contact the respondent, there is likely no need for a restraining order.

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