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Alphonse Francis Provinziano
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Alphonse Provinziano’s Answers

15 total


  • Original child support case was opened in SF County but none of us (me, child and dad) are residents of SF. Can I change venue?

    I was served re: a child support review. I used to live in SF but have been an LA County resident, as has my daughter for 8 months and her dad lives in Thailand. I cannot travel back to SF and will have a hard time filing forms there, daughters da...

    Alphonse’s Answer

    The code of civil procedure does allow for a transfer of family law cases, especially child support cases, if neither of the parties continue to live in the venue. The way this is accomplished is to file a Request for Order hearing to change venue pursuant to Code of Civil Procedure 397 and 397.5. The statute states: "the court may, when the ends of justice and convenience of the parties would be promoted by change, order that the proceedings be transferred to the county of residence of either party."

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  • I need a free family law loyer to help me in court

    No body is helping me its not fair that she can contact me and not be arested

    Alphonse’s Answer

    Most family law attorneys do not handle cases for free, as they are quite complicated. A good place to look for free attorneys would be legal aid. You can also seek out attorneys that accept affordable payment plans, or work on a limited scope. I wish you the best of luck!

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  • Are there any Family Law Attorneys in the San Gabriel Valley who may assist in affordable fee's or payment plans?

    I am a responsible Father who has always been there for his children. For the past five years it has been a nightmare with my ex. and child. I have not been able to see my child for two mnths now. She has used my girlfriend now my fiance from day ...

    Alphonse’s Answer

    Children definitely deserve to have a good father in their life. The court system will view a father and a mother as an integral part of a child's development. You should definitely act quickly to try to secure a custody order, so that you can have a legally enforceable framework as to your visitation - how it should occur, when it should occur, ad the manner of your exchanges. You can also be entitled to summer, holiday time, and additional time determined by the court, including daily telephone contact. I have convenient offices located throughout Southern California, including Beverly Hills, Huntington Beach, Newport Beach, Orange, Mission Viejo, and the Inland Empire. We have programs available to provide affordable legal services with reasonable payment plans. Please feel free to call us at 877-529-7101 to schedule your free initial consultation, or contact us through the web at provinziano.com

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  • Can California Family Court order child support or support for secondary college education after the child turns 18?

    Can California Family Court order child support or support for secondary college education after the child turns 18? Thank you for your assistance.

    Alphonse’s Answer

    There are circumstances that you can seek child support after the child turns 18. In certain circumstances, a parent can pay child support until a child is 19 if there are still enrolled in high school. In certain circumstances, under Family Code 3910, parents "have an equal responsibility, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means." What this means is that a parent may have support a child over the age of 18, if that child is incapacitated. The appellate cases have not given firm guideline of what this means - but it is clear from that statute that the child must be unable to support themselves - this could be due to physical incapacity.

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  • How much evidence is needed to refile a case?

    It is for a murder case. The attorney says their isn't any physical evidence and the 2 witnesses are not even close to credible. The D.A. Has even admitted that the case is "bad" and if it would go to trial it would be a "not guilty verdict". So w...

    Alphonse’s Answer

    The truth is that the DA can refile a case based on if they think there is enough evidence to prove the case beyond a reasonable doubt. It is truly in the discretion of the DA's office to decide this important issue. The truth is that every DA's office is different.

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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?

    I got pulled over recently and the cop told me I had a warrant for my arrest, only $500. I believe its for failure to appear to court. But the cop gave me a ticket regarding my warrant, what will happen in the court date and will i be arrested?

    Alphonse’s Answer

    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 without you needing to appear pursuant to the guidelines established by California Penal Code section 977(a). I would encourage you to seek legal advice to correctly analyze your specific situation and what you are facing. My office offers such initial consultations free of charge and we cover criminal matters all over Southern California, with convenient office locations. Feel free to call us on our main office line at (760) 951-1100 to set up your free initial consultation.

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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?

    shes known for lying constantly. i'm with my boyfriend 24/7 and no such situation ever happened even close to that and she told the judge that my boyfriend molested their son even though he didn't.

    Alphonse’s Answer

    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?

    I am currently enrolled in college classes so have no income other than child support, but need an attorney to represent me in court for a custody matter.

    Alphonse’s Answer

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

    My fiancé is on felony probation for a sex offense and won't go in any restaurant that has a bar, will he violate his probation by eating in a restaurant that has a bar (not sitting at the bar of course but at a table)?

    Alphonse’s Answer

    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, it is very smart to do everything that you can to avoid a violation of probation, and probably it is the best thing to avoid a bar in order to stay in compliance with probation, especially in San Bernardino County and Riverside County California. I wish you and your fiance the best of luck.

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

    What are the law requirements to grant a restraining order in domestic violence ,family law case? general requirements?

    Alphonse’s Answer

    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 them. Typically judges will not take a matter seriously unless there has been a qualifying act within the last 30 days. An important element is that the persons must be related, had a sexual relationship. dating relationship, or have children together. If the parties do not meet this affinity test, then a petitioner can seek to file a civil harassment restraining order. While an attorney is not required in a restraining order matter, it is often helpful to have an attorney present in court or in the preparation of the documents given the extreme emotional distress often suffered by the petitioner. My firm offers free consultations for these matters, I wish you the best of luck.

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