Thomas Allen Neil's Answers

How do i get a 273.5 domestic violence charge dismissed?

Forget about habitual liar, etcetera. The ONLY important thing is the police report. If the DA has solid evidence (shown in the report) that you did domestic violence, then you better start negotiating for anger class. If the DA has no evidence (shown in the police report or later reports) then you have nothing to worry about. Some big factors are whether the police report shows any other witnesses or any children were present (if no other witnesses then it just your word against hers,...

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My daughter left my granddaughter with me for a couple of months and has not been back. Can I get custody of my granddaughter?

Your immediate problem is that a child has been dropped into your lap, and you need to enroll the child and get the child to a doictor. But the school and Doctor won't deal with you because you are not the parent. This is a recurring problem, and California wants kids enrolled and receiving health care, so California has a solution for your problem; California law's "Caregiver Affidavit" which you can download at http://www.courtinfo.ca.gov/selfhelp/family/guardianship/documents/caregiver....

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Can he get a temporary restraining order lifted because hes an law enforcement?

If you want to know why it was lifted you need to get a copy of each parties pleadings and thde judge's orders and take them to a family law attorney. No, the restraining orders statutes do not say that orders can be lifted if you are a law officer (connected and powerful or not). There is a reason it was lifted (the pleadings may tell you) but it was not connections and power. Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the...

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Can a judge allow my ex to tesify against me when I have a restraining order against him?

You are wasting your time trying to think of a proceedural trick to avoid grandmother suceeding in court. It won't work. Period. Better to start thinking of what evidence you are going to present, in court, that visits with grandmother would be harmful to your son. That is the ONLY way you will win. For example: That grandmother has recent drug convictions, or that grandmother or her grandmother's live in boyfriend or girlfriend are convicted child molesters. This is the type of...

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Can my ex-wife keep my girlfriend, who is part of my household, from watching the children?

I concur with the above attorney. In addition, if mom comes into court and tells a mediator or judge that she does not want kids with your girlfriend, and has no real evidence of detriment to the kids (except her belief your girlfriend can't properly raise), then she may look like a mom who cannot psychologically share the kids, which is grounds for suggesting the court give more time to you. The mom (and somestimes dad) who cannot accept a girlfriend of her ex with her kids is a VERY...

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Does having a sex offense change a person's rights to custody of a child?

Hello: I am a Sacramento attorney doing many custody cases. My rates are equal to or better than any local family lawyer. There are no hard rules regarding your situation. The family court judge will look at the facts of your conviction and decide what is in the child's best interest regarding your custody rights. That could be anythiung from no change, to supervised visitation. Whether violence was involved would be a factor. The outcome can have make a big diffrence to your...

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How to properly present a voicemail recording to judge before family court hearing? What forms to use?

If it is a velied threat as, you say, then I wouldn't waste much time with it in court, because it probably is not going to overcome the mediator's recommendation. And you only have maybe 5 minutes to speak so if you spend all your time on this recording you may not get anything important said. Rather, I suggest you seek a local attorney to help you prepare, or to go to court with you, to make your best arguments and increase your chances for sucess. But if you must go to court without...

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Can a defendant attorney contact a plaintiff friends or family to contact plaintiff? Is this within the attorney authority

All of the above attorneys are correct: The attorney probably can contact your friend and family. BUT: (1) Your friends and family have no duty to talk to the attorney and in fact they can tell the attorney "go to hell" (or stronger words) and / or they can tell the attorney not to contact them again, and (2) You might mention the calls to the judge when you are next in court. Although the calls are legal they are tacky and it might give a judge a bad feeling about the attorney, so...

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Can I sue for slander for mine and my husbands character in a family law case?

As all the above attorneys say, "No. You cannot sue for anything said in a lawsuit." However, you can bring a motion to ask a judge to label father a "vexatious litigant" meaning he reperaterdly brings false allegations. IF a judge funds father a vexatious litigant the judge WONT order father to stop bringing motions alledging abuse - a judge will NEVER order someone cease making allegations of child abuse because someday he might actually be telling the truth and if the court didnt allow...

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Whether to submit for Ex Parte hearing or just a Declaration?

Draft file and serve a motion to modify custody. For the declaration in support of your motion use your wording from your question, above. Do NOT write a declaration longer than your question above. you have a proof prtoblem: Mom is not going to come to coourt and say, Yes, leave my children with someone smoking pot. So you have to rely on your children telling the mediator what they saw, and the mediator forwarding what the kids say to the judge.. You CANNOT tell the kids wha to say or...

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