Alphonse Francis Provinziano's Answers

My Husband got arrested for a warrant and a ticket for driving on a suspended license.

The police will often give a separate citation for a new offense, even if your husband was also cited for the warrant. The offense can be one of the VC 14601.1 through VC 14601.3 offenses. The severity of the jail time will increase with the number of prior convictions that a person has for driving on a suspended license. Fortunately the judge dismissed his DUI case, but the DMV will most likely require him to complete a DUI course before giving him his license back. A person needs to act...

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What are the grounds for getting a domestic violence restraining order under the Family Code?

Mr. Moore has a very practical answer to this question. However, the California Family code requires merely one credible threat or act of violence against a person or someone they live with (e.g., a child) in order for there to be sufficient grounds for the court to grant a temporary and/or permanent restraining order. The Judicial Council has mandated mandatory forms, including form DV-100, request for an order, which requires a person to describe the most recent abuse that has occurred to...

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My boyfriend's child's mother lied in court saying my boyfriend molested their son. what can happen to her for lying like that?

Under California Family Code, a proven false allegation of child molestation can be used as a factor to change custody or limit custody of the party that levied the false accusations.

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How do I find a pro bono or low cost family law attorney in Victorville, CA?

My law firm focuses on family law in victorville, Ca. Please call us at 760-951-1100 for a free initial consultation. We do offer affordable services and payment plans, depending on your matter. I wish you the best of luck in your matter!

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May a defendents lawyer contact me in a restraining order case?

A party in a temporary restraining order case is not barred from having their attorney contact you to discuss legal matters. In fact this is often the norm when an attorney will contact another party in an attempt to settle a case. It may be an opportunity to work out a settlement, rather than go to court and litigate the case fully. Nonetheless you should be careful and not enter into a settlement agreement unless you feel fully comfortable with the results. In your situation it maybe...

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I have a bench warrant for failure to appear in court for a 3 year old ticket, will i go to jail?

The answer is that it depends. If the offense is for an infraction, by law you cannot go to jail for an infraction. If the underlying offense is a misdemeanor, you can go to jail for your failure to appear, but it depends greatly on the discretion of the court. Failure to Appear in of itself in certain circumstances can be a misdemeanor and you can be charged with a crime for failing to appear for qualifying offenses. In your situation, a private attorney may go to court and appear for you...

My ex hasn't filed the entry of judgement or the judgement yet, does that mean I can't proceed to collect on the judgement

In order is not enforceable unless it has been signed by the judge. In your particular case it sounds like you received a judgment packet from the court. You can go to the court clerk's office to find out if the judgment that you received has been filed or if it was rejected for some reason by the Court. If the judgment has been filed and it specifies the time the money is to be paid and the amount of money then it is an enforceable judgment. You should seek legal counsel to further help...

I got a judgement from my divorce for money and it's been a couple of months now and I've heard nothing from my ex.

While I agree with other counsel that you may not wish seek to file a motion, you still have the legal right to file a motion for enforcement of the judgment. If the money owed to you is a child support or spousal obligation you're also able to file a motion for contempt, in which you're asking the court to find a person in contempt of a court order which can result a into up to five days in custody for each Violation of the court order. The necessary questions in order to evaluate what...

Is attempt of robbery a strikeable offense?

Under California law attempted robbery is a strike offense. Your husband may be faced with an attempted robbery on an aider and a abetting theory, if his activity was such that him getting into the fight assisted with the other person in taking the chain. However I would need more facts and to review the police report to give a complete answer. Also you would have to take into account that the District Attorney's Office files charges, so they have the discretion to file charges as a assault...

Can you eat at a restaurant that has a bar if you are on probation

You really have to look at the terms and conditions of probation. If a term of probation is that your fiance cannot enter a place where the chief item of sale is alcohol, which is a very common term of probation in the San Bernardino County and Riverside County courts, then it is defitinely the right decision for him to not enter a bar. A violation of probaition in San Bernardino County and Riverside County, California can result in up to the maximum punishment possible for the offense. So,...