Skip to main content
James Louis Miller

James Miller’s Answers

1,335 total


  • Family law

    in the state of California there's a child that's a ward of the court and the father has the custody is it illegal if the father lives in a motel room and is waiting for AFDC to assist him in moving into a stable apartment is it illegal for that f...

    James’s Answer

    As long as the child is in a healthy environment it is not illegal. The Father has custody so he can basically live anywhere where the child will be safe.

    See question 
  • Family law

    if the child in California is a ward of the court and an outside Aunt wants to take the baby to the parents go for kidnapping because the babies a ward of the state

    James’s Answer

    You asked the same question previously so look at my previous answer.

    See question 
  • Family

    I keep asking if a child is a ward of the court in the state of California and it outside Aunt from another state wants to come and get this child do the parents go to jail for kidnapping because the babies a ward of the court

    James’s Answer

    This question is not clear. You ask if an Aunt from outside the State takes the child would the parents be held for kidnapping. If the child is a ward of the State then someone must have custody of them (foster parents, a relative etc) That person is in charge of the child and no one can take her. It possibly could be abduction but I', failing to see where the parents come in.

    See question 
  • Alameda County: DVRO & Petition served together but DVRO hearing is at Rene C & George E is listed on court docs.

    They also have different case #s. Does the George E court in Alameda hear DVRO cases related to a divorce going on concurrently?

    James’s Answer

    You need to contact the Court clerk to see where it is you are supposed to be. If you don't find out anything show up at the address it tells you to on the DVRO paperwork.

    See question 
  • What if I got served temparory restraining order before the intended date that the filer wanted it served?

    She wanted the papers served monday to give me time to get my things out of the house , the sheriff took it upon himself to serve them the friday before the Mondays intended date.

    James’s Answer

    I have to agree if you were served you were served. Your only hope is the RO does not restrain you from the premises but I'm pretty sure it does. You will have to make arrangements to have the police do a civil standby while you get your items.

    See question 
  • 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...

    James’s Answer

    I agree with Mr. Miranda there probably is not a cause of action. As he stated you stipulated to the RO which a Court can use as an assumption that something did happen.

    See question 
  • Ex is using the dvro to stalk me, control what I say & do, threaten me, etc. is there anything I can do to try and stop it?

    She was extremely abusive. 7 years ago I attempted suicide. When I woke in hospital I had two black eyes. Said she hit me trying to wake me up. She controlled the $, where & what I said & last year abandoned me at hotel after spoiling me the night...

    James’s Answer

    You can turn around and file a DVRO against her. I would first contact the police and get a report on file. If her stalking is severe she may be arrested on criminal charges. I would contact an attorney and have your case reviewed.

    See question 
  • Filed a Domestic violence charge when I was in a rage how can I get the DA to believe me without being sent to jail?

    I started depression meds and since then I've been a complete wreck , I've been screaming and hurting the ones I love my doctor said I should get better when the meds kick in but before they did I tore into my husband of 14 years. He restrained me...

    James’s Answer

    I agree with the other responses but I would add you should contact the Deputy DA handling your husband's case and tell them what you wrote here. You may not have been in a proper state of mind and the DA should understand this.

    See question 
  • How do I try to drop charges and avoid testifying with out incriminating myself in a Domestic violence felony case

    I had a harsh dispute with my ex BF, my friend called the cops and I felt obligated to say what happend after the officer showed up. My adrenaline was going all over the place and I felt uncomfortable causing my report to be exaggerated I got so l...

    James’s Answer

    Immediately go and speak tot he Deputy DA handling your ex BF's case. Explain to them that while certain things did happen (if they did) in the moment of excitement you may have exaggerated a bit. As another attorney stated you have not committed perjury and you don't want to. The DA will take the new information you give them and make a decision on which way to go.

    See question 
  • Can my mother who is over 18 that lives in the same house as me serve child custody papers (the one by mail)

    Shes not part of my case. Court saw the same address from the proof of service and didnt say anything and I still got a court date. That actual big packet of forms being served to the child father has to be served in person and that one will be by...

    James’s Answer

    If you know he is in prison then I would serve everything personally at the prison. He probably was not afforded a chance to file a change of address with the Court. Serve everything to the prison.

    See question