Andrew Lee Westover’s Answers

Andrew Lee Westover

Irvine Family Law Attorney.

Contributor Level 11
  1. Time limit to file charges California?

    Answered 4 months ago.

    1. Andrew Lee Westover
    2. Greg Thomas Hill
    3. Daniel J. Fester
    4. Tigran Grigoryan
    5. Nicholas Milan Loncar
    6. ···
    10 lawyer answers

    This is not uncommon. Make sure you save the proof that you appeared this morning in the Court. The statute of limitations for filing criminal complaints is complicated. Generally, the District Attorney has 1 year to file a misdemeanor complaint and 3 years to file a felony complaint. There are certain types of crimes that set forth a different limitation period, often longer. It is possible that the District Attorney has declined to prosecute or they could still be investigating...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I get charged with fraud? Just because I did a favor to deposit some checks to some people acc. And they were stolen.

    Answered 4 months ago.

    1. David S. Kestenbaum
    2. Sagar P. Parikh
    3. Andrew Lee Westover
    4. Tigran Grigoryan
    5. David Mark Wallin
    6. ···
    10 lawyer answers

    This can be a very serious issue. The most important thing you can do at the moment is to not discuss this matter in a public forum, such as this one. I know you are looking for answers but you have a Fifth Amendment privilege not to speak and you should exercise it. That being said, there are serious potential issues with bank, and wire, fraud. Fraud requires a specific intent to commit the crime, therefore, if you did not know about the stolen checks, you may have a valid defense if...

    7 lawyers agreed with this answer

  3. What are my legal rights once a family support judgment has been made by the courts in California

    Answered 4 months ago.

    1. Andrew Lee Westover
    2. Jay Carl Stoegbauer
    3. Laura M Dunst
    3 lawyer answers

    The filing of an appeal does NOT stay your ex husband's requirement to follow the court order. If he is not following the court order, you should pursue a contempt of court proceeding, either on your own or through Department of Child Support Services (if available).

    5 lawyers agreed with this answer

  4. Higher court vs. Lower court??

    Answered over 2 years ago.

    1. Andrew Lee Westover
    2. Kresta Nora Daly
    3. James S. Lawrence
    3 lawyer answers

    California has done away with the "higher court" "lower court" classifications. We used to have a municipal court (i.e. "Lower") and the Superior court (i.e."Higher"). Several years ago, all courts were consolidated into "Superior Courts." Your husband had a preliminary hearing and it appears, from your answer, that probable cause was found to hold him over for trial. Once the preliminary hearing occurs, most cases are then transferred to a different court for trial setting. This may be...

    5 lawyers agreed with this answer

  5. She told me was 18, her parents made a police report against me, police told me she's 17 going on 18 I'm i in trouble

    Answered 4 months ago.

    1. Andrew Lee Westover
    2. Joseph Briscoe Dane
    3. Tigran Grigoryan
    4. Greg Thomas Hill
    5. George Anthony Munoz
    6. ···
    7 lawyer answers

    More than anything else, you should not speak to the police, any investigator, or anyone else about this matter. You must get an attorney to represent you at this time. This can be very serious and you will need legal assistance. If you are questioned, you want to say you do not want to speak with anyone without the assistance of an attorney.

    4 lawyers agreed with this answer

  6. How do I go about getting rid of my alimony payments ? Which paperwork do I need ? My case is in California & I live in reno.

    Answered 4 months ago.

    1. Andrew Lee Westover
    2. Gregory Paul Benton
    3. George Anthony Munoz
    3 lawyer answers

    It sounds as though you have an existing order for long term Spousal Support (i.e. Alimony), you will need to demonstrate a change of circumstances has occurred since the order was filed. That will require you to file a motion for modification of spousal support and you will need to present evidence regarding all of the Family Code 4320 factors. This is an area of law where you will need the assistance of a skilled family law attorney. Be aware that a motion to modify spousal support...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How to pay for divorce attorney when husband took all the money?

    Answered 4 months ago.

    1. Andrew Lee Westover
    2. Gregory Paul Benton
    3. David Alexander Browde
    3 lawyer answers

    This is a difficult situation that is, unfortunately, very common. 1) For the ex parte hearing, your friend needs to be present and needs to present her side of the case. She should tell the judge of her financial difficulty and the fact that she has no means to hire an attorney. 2) Your friend should also file a motion under Family Code 2030 seeking payment of attorney fees. She will need to fill out the proper forms, including an income and expense declaration, that she can file...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My ex and i split 2 years ago he took my son. I see my son regularly but I want him to live with me. How can i get my son back?

    Answered over 2 years ago.

    1. Andrew Lee Westover
    2. Donald Frederick Conviser
    3. Mary Katherine Brown
    3 lawyer answers

    If you and your ex are able to mutually agree on a solution, then that is the best answer. However, if there was an agreement, I would assume that you would not have posted your question. The short answer is that you will need to Petition the court. A motion requesting either a change to existing orders or the establishment of new orders will need to be prepared and filed. California law states that you and your ex must attend mediation as part of this process and you will need to do...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What is the federal law against opening mail that isn't addressed to you? And how can I approach the situation if I am a victim?

    Answered almost 6 years ago.

    1. Andrew Lee Westover
    2. Michael E Hendrickson
    2 lawyer answers

    Yes. It is against the law to tamper with the mail. Your best bet is to report it to the office of your local (at your mom's house) postal inspector. This will take care of the criminal side. If you have suffered financial losses because this mail is being hidden from you, then you need to speak with a local attorney that can help you recover your costs. The simpler solution might be to file a temporary change of address with the Post office. They will automatically forward...

    2 lawyers agreed with this answer

    6 people marked this answer as helpful

  10. Is there a law

    Answered 4 months ago.

    1. Andrew Lee Westover
    2. Jeffrey Wayne Rickard
    3. Oliver Alexander Greenwood
    4. Laurie Peters
    4 lawyer answers

    The Family Court will consider what is in the best interests of the children. CPS will look mainly for issues of immediate neglect or immediate danger to the children. Siblings sharing a room, especially if they have separate beds, is rarely an issue of concern. Of course, this will be very fact specific and will depend greatly on any things going on with these children. You should carefully review any court orders either of you have regarding these children to make sure you are...

    3 lawyers agreed with this answer

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