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Timothy Miranda
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Timothy Miranda’s Answers

740 total


  • Do I have a right to testify in a DVTRO Hearing? I am the restrained party and have criminal charges pending.

    I am the restrained party. I have a DVTRO against me and I also have a criminal hearing pending for the same events. I asked for a continuance on the DVTRO until after the criminal case concluded, but the Judge wouldn't continue it since the prote...

    Timothy’s Answer

    If there are criminal charges pending, you have an absolute right to invoke the privilege. The protected party cannot abridge your Constitutional rights, and the time waiver is yours, not the protected party's, meaning you have the right to have a hearing on the permanent order within 21-25 days of the TRO being issued. There is no prejudice to the protected party if your invocation delays the proceeding, as they remain protected under the reissued TRO. It sounds like you need a criminal and a family law attorney, or one that understands both aspects of a DV case.

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  • Is it necessary to divorce in two countries (if you married the same person in both countries)? (Mexico & USA)

    This is a simple divorce WITHOUT assets or children. We married legally in Mexico first for papers, and then again legally in the US for family reasons. I would file for divorce in California and he now lives in Mexico City. Can we simply divorce ...

    Timothy’s Answer

    You can, if you have resided in CA for at least 6 months. The more difficult issue for you may be personal service of the summons.

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  • Domestic Violence Temporary Restraining order.

    my estranged wife filed for an ex parte TRO which was partially granted according to the San Mateo Open Access system. No police charges are filed against me, its just her basically wanting no communication with me. I have not yet been served, ...

    Timothy’s Answer

    It is technically only effectual to enjoin you if it is personally served. However, now that you have knowledge of it, you do not want to violate any of the provisions by making any contact. If she cannot personally serve you prior to the hearing, it will be reissued for another 21-25 days so that she may attempt service again. She may serve you 5 calendar days before the hearing. Be wary of strangers at your door, or a calling card from the Sheriff. You are entitled to a first continuance as a matter of right if you do get served. The biggest concern with you not showing at the first hearing is the possibility of her fabricating service, which is the only way to that a permanent DVRO would issue against you.

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  • Can I sue ex for lying to retain a temp TRO? It was dismissed after 3 months. I could have proved his fabricated lies but had 10

    Suppose to say had 10 days till hearing plus I would have had to retain attorney again. I just agreed to 3 months. & it would be dismissed. Ex stated I went to his apt, I was shouting & yelling his name to come out, in fear he called the police.s...

    Timothy’s Answer

    No, there is no cause of action to sue. To exacerbate matters, it appears that you stipulated to the DVRO being issued against you, which is conclusive. Had you defended and prevailed, you would have then had a remedy of possible attorney fees under Family Code Section 6344, as well as possible sanctions under Family Code 271 and Code of Civil Procedure 128.5, if you could prove the necessary elements.

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  • I have court for my restraining order on Monday how can I stop it to have time to try and find a lawer

    My wife I'm divorcing made false allegations against me which got my forearms taken away. And court is on Monday what can I do

    Timothy’s Answer

    As the respondent you are entitled to a first continuance as a matter of right. Appear and request a continuance (reissuance) so that you may retain an attorney. See Family Code 243(d).

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  • When there's a CLETS dvro hearing, is it the judge or opposing attorney who decides how long the order will be?

    I'm trying to get a grasp on what factors come into play when the length of CLETS are decided. Can an attorney go to the hearing and just tell the judge they're seeking a 5 year DVRO against the opposing party because their client was in fear (of ...

    Timothy’s Answer

    The bench officer that presides over the case will decide. A "permanent" DVTRO can be issued at the conclusion of the proceeding for up to 5 years. The protected party can thereafter seek to have it reissued or renewed before it expires by way of noticed motion. A renewal on a permanent DVTRO can be for either 5 years or in perpetuity.

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  • 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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