Sarah Jeannette Arnott’s Answers

Sarah Jeannette Arnott

San Francisco Divorce / Separation Lawyer.

Contributor Level 9
  1. Can I find a lawyer for my civil restraining order case at the last minute without notifying the other side about it...

    Answered almost 2 years ago.

    1. Sarah Jeannette Arnott
    2. Cathleen Elisabeth Norton
    3. Stephen Ross Cohen
    4. Vincent Walter Davis
    4 lawyer answers

    Your attorney could make his/her first appearance at the hearing, although the person requesting the restraining order *could* request a continuance to obtain their own attorney as well. While the person who is requesting the restraining order should be ready to proceed at the 1st hearing, especially if you have shown up, some courts may be willing to allow them a short continuance to get an attorney to level the proverbial playing field. With respects to your request for attorney's fees,...

    9 lawyers agreed with this answer

  2. I need an explanation of what CURRENT domestic violence means...how current does it have to be...

    Answered almost 2 years ago.

    1. Sarah Jeannette Arnott
    2. Edna Carroll Straus
    3. Timothy Miranda
    4. Debra A Opri
    4 lawyer answers

    Recent will generally not be considered a year ago. Generally the Court is looking for a more immediate incident of domestic violence ("violence" not simply being physical violence). As an advocate for victims of DV, I would not have counseled your former partner to file a restraining order request given the amount of time between the alleged incident and the time he made the request. Much time as passed such that the immediacy of the perceived danger/fear has abated. That being said, some...

    5 lawyers agreed with this answer

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  3. Child custody, parental alienation, international move away, 730 custody evaluation.

    Answered almost 2 years ago.

    1. Sarah Jeannette Arnott
    2. Linda Calderon Garrett
    3. Luca Cristiano Maria Melchionna
    4. Todd Matthew Heine
    4 lawyer answers

    There are a lot of things that you can do, many of which - as you are aware - cost a considerable amount of money. If you want a custody evaluation to be completed, it would be wise for you to immediately request that it be done, including offering to pay for it if you can find the money to do so. Additionally, if you are concerned about the financial claims, doing discovery (in particular document production) would advisable to obtain copies of your ex's bank statements. In the alternative,...

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  4. Family law question

    Answered about 2 years ago.

    1. Sarah Jeannette Arnott
    2. Terry Anne Buchanan Esq.
    3. Cathleen Elisabeth Norton
    3 lawyer answers

    You should check your court's Local Rules for guidance on this as oftentimes it can vary from court to court. Generally, as the other attorney stated, a Memorandum of Points and Authorities is not required. However, if you are writing a Declaration, and need more space than provided on the FL-320, you should staple it to the FL-320 and submit together. Best wishes!

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  5. Can I have an outdated case in Stanislaus County dismissed and just file a new current case in San Mateo County?

    Answered over 1 year ago.

    1. Sarah Jeannette Arnott
    2. Trevor L Hensley
    3. John Noah Kitta
    4. Robert Andrew Michael Burns
    4 lawyer answers

    You can petition the Stanislaus Co. to have the case moved to San Mateo County given that the children are presently living in San Mateo County and have been since 2011. The prior orders, however, are not vacated.

    4 lawyers agreed with this answer

  6. I was recently arrested and the hearing for that is pending...my ex is using it as a way to get custody...what can I do?

    Answered almost 2 years ago.

    1. Sarah Jeannette Arnott
    2. Jacques Tushinsky-Fox
    2 lawyer answers

    First of all, you should follow the advice of your criminal defense attorney and not speak in Family Court about what the facts from which the criminal charges stem. You have a 5th Amendment right which protects you against self-incrimination and what you say in Family Court, because it is sworn testimony, could be used against you in the criminal court proceedings. Given the possession charge, the Court undoubtedly has concerns - even if you have had two negative tests. It would be...

    4 lawyers agreed with this answer

  7. I am currently going through a divorce and my soon to be ex sold the family residence without my knowledge

    Answered almost 2 years ago.

    1. Donald Frederick Conviser
    2. Sarah Jeannette Arnott
    3. Linda Calderon Garrett
    4. Madanmohan Singh Ahluwalia
    5. Peggy Margaret Raddatz
    5 lawyer answers

    I agree with Mr. Conviser. That being said, if the asset is truly community property, the asset (or the proceeds from its sale) are subject I division. Discovery should be done, and possibly a motion filed to enjoin further actions and possibly for breach of fiduciary duty, depending upon the circumstances of the sale. Best speak with an attorney soon.

    4 lawyers agreed with this answer

  8. My wife is the petitioner and filed for an uncontested divorce 28 months ago but will not finish the divorce. What can I do?

    Answered over 1 year ago.

    1. Sarah Jeannette Arnott
    2. Christa Marie Hill
    3. Linda Calderon Garrett
    4. Madhu Kalra
    4 lawyer answers

    I agree with my colleague. A motion can also be set for bifurcation - so that the judge simply enters your divorce (restoring you to single status) while the other issues get wrapped up in an MSA. Sometimes you can get a Status Conference set, leading to a Settlement Conference. Having hearings or appearance on the court calendar will sometimes result in a person being more willing to resolve things. Consult with your attorney.

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  9. My fiance would like me to sign a prenup. I do not object. I need an attorney to sign the acknowledgement.

    Answered over 1 year ago.

    1. Sarah Jeannette Arnott
    2. Ross Carlton Meltzer
    3. Sean Anthony Musgrove
    3 lawyer answers

    Most attorneys for prenups would agree that the reviewing/signing attorney does not need to be in your local area. Rather the transaction can be done "at arms length" using a mail service like FedEx to ensure that the executed documents are not lost in transit. Quotes for a price, however, may be a challenge as most attorneys have to review the document, advise you of your rights and how your rights are implicated by the prenup, negotiate any changes, revisions and signing.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. My husband of 21yrs has walked out on the marriage. He also has criminal protective order in place exp 2014. He came back

    Answered almost 2 years ago.

    1. Sarah Jeannette Arnott
    2. Elizabeth Jones
    2 lawyer answers

    I would advise a client in your situation to do the following: 1. Go to the police station and ask to speak with a superior officer to explain what occurred during what sounds like a civil standby. Ask them to investigate. 2. If you do not get any assistance there, go to the Victim's Witnesses Assistant Office of the District Attorney and ask to speak to someone (they would also be able to discuss the amendment of the CPO) (see: http://www.co.contra-costa.ca.us/index.aspx?NID=972) 3. In...

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