The police are not required to provide you with a Miranda admonishment unless you are arrested, and they desire to interrogate you. The police can detain you during an investigation, but handcuffing you and placing you in a police car is likely an arrest. However, if you were not interrogated, and thus did not say anything, the lack of Miranda admonishment is a non-issue.
She does not need to sign anything. Just have her personally served, and then enter a Default if she does not respond.
You should visit the office of the Family Law Facilitator at your local family courthouse, to obtain the documents necessary to petition for the divorce. Your son can complete them, and then you can deliver them to the court for filing. You can then personally serve the wife with the Summons.
Seven hour time limit; no limit to the number of questions; usually the deposition is held at the office of the attorney that has noticed it, but it can be held at the office of the deponent's attorney; you must do a Notice of Deposition and provide at least ten days notice from date of service; you do not have to provide the questions in advance.
She will be allowed inside of the family court building, but can only enter the judicial department if permitted by the judge or commissioner. There is nothing that prevents a minor from testifying as a witness, but you will need to advise the judge/commissioner that you plan on calling a minor witness. The judge has the ultimate discretion whether to allow, and how to conduct, such testimony.
If you need a restraining order immediately, call the police. The police can issue an Emergency Protective Order, which will expire in 5 days, but will provide you with protection until you can petition the family court for a DVTRO on Monday morning.
Also, given his threats, she should not go near him whatsoever.
The TRO and collateral kick-out order are only valid for 21-25 days, pending the hearing on the permanent Domestic Violence Restraining Order. If your boyfriend prevails, and he is still on the lease, technically there is no legal impediment to him returning to the home. If you prevail, he will not be permitted to come within 100 yards of you.
Whether or not you are in the position to “evict” him depends on your interest in the property relative to his. Changing the locks and removing his...
It sounds like they are your separate property, and would theoretically remain as such after marriage. However, there are many ways that a community interest may arise, such as by the work and efforts you perform on the properties during the marriage.
The best way to ensure that things remain as you want them to, is to delineate community property rights in a prenuptial agreement.
If your husband is a resident of California/San Diego, he may properly file for divorce here. However, the Court in San Diego may not have personal jurisdiction over you, and probably has no jurisdiction regarding child custody, based upon your comments. What this means is that the most he can likely obtain in San Diego is a termination of marital status.
You should consult with an attorney regarding the specific facts of your case.
Since it is a criminal matter, albeit benign, you may invoke the Fifth Amendment; lack of potential incarceration is not a bar. However, the Fifth Amendment is not selective, meaning that you cannot pick-and-choose which questions to answer. With this said, failing to testify may result in your failing to put forth any defensive evidence, which may in fact be worse than testifying.