Bruce Clement’s Answers

Bruce Clement

Auburn Family Law Attorney.

Contributor Level 19
  1. I was arrested in 1998 for a DV4 i wonder if it's a felony or misdemeanor and can I own a gun

    Answered about 2 years ago.

    1. Patrick Owen Earl
    2. Bruce Clement
    3. James J White
    3 lawyer answers

    You say that you were "arrested" and later "charged". You don't lose your rights unless you were "convicted" (after a trial, or after entering a guilty plea). If you were convicted, you lost your rights. However, you might be able to get your rights restored by filing a motion asking fir a court order restoring them. Also, if you were actually innocent and pled guilty out of fear from your boyfriend or his family, you might be able to vacate the conviction.

    6 lawyers agreed with this answer

  2. Can I file a lawsuit for my adult child because the injury happened when she was a minor?

    Answered about 2 years ago.

    1. Bruce Clement
    2. Neil P. Flynn
    3. Scott J. Corwin
    4. Christian K. Lassen II
    5. John Joseph Greaney JR
    5 lawyer answers

    Normally, after a child reaches the age of majority she must file her own personal injury claim. You should help your daughter find a good medical malpractice attorney as soon as possible.

    6 lawyers agreed with this answer

  3. Are there any loop holes where an umbrella insurance policy does not apply in a fatal car accident (wrongful death in WA state)?

    Answered about 3 years ago.

    1. John William Ladenburg
    2. Bruce Clement
    3. Raymond Scott Costantino
    4. Robert Daniel Kelly
    5. Daniel Paul Buttafuoco
    6. ···
    6 lawyer answers

    It depends on the details of the accident, and the fine print in the insurance policy. It may be worthwhile to have the policy reviewed by an attorney experienced in insurance law or personal injury cases.

    6 lawyers agreed with this answer

  4. In a Child Custody Case, when should I label evidence "Notes to my attorney" ?

    Answered about 1 year ago.

    1. Bruce Clement
    2. Lee Alan Thompson
    2 lawyer answers

    If you intend your notes to be a time line or other communication to your attorney, you should caption it "Notes to My Attorney" at the very outset. However, the label is not necessarily the key - your intent is the key. The label merely helps prove your intent - that the chronology you created was actually meant as a communication to your attorney. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on child custody for...

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  5. My wife did not follow a court order to file a joint tax return. What can I do?

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Michael L Raff
    3. Dara J. Goldsmith
    3 lawyer answers

    You can file a motion to enforce the prior order or motion for contempt. Otherwise you can wait until the final orders or trial and ask that the court enter an order at that time giving you credit for the money she took. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on division of property and contempt for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on...

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  6. What is the correct method for service when replying to a response?

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Vitaliy Kertchen
    3. Constantine D. Buzunis
    3 lawyer answers

    In most situations, after personal service of the petition the parties can serve each other with motions by mail. There are always exceptions to every rule, however. It would be best to pay for a brief consultation with an experienced family attorney, who would review the pleadings before giving you advice. See my AVVO Legal Guides on motions and service of pleadings for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View...

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  7. Can I ask for a temporary antiharrassment order from the new judge if it was previously denied by the comm who I affidavited ?

    Answered almost 2 years ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Patrick Owen Earl
    3 lawyer answers

    Normally not, but there are always exceptions. See my AVVO Legal Guides on domestic violence and anti-harassment for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.” You can schedule a...

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  8. Can an open application for SSA Disability negatively affect a marriage dissolution/child custody case?

    Answered about 1 year ago.

    1. Bruce Clement
    2. Thuong-Tri Nguyen
    3. Michael T Warshaw
    3 lawyer answers

    Your open application for SSA, including mental health information, cannot be accessed by your spouse to use against you in a custody case. Under certain circumstances your spouse might be able to request a court order (1) requiring you to submit to an independent mental health evaluation; or (2) authorizing the Guardian Ad Litem for the children to review your medical records. But these are situations where there is strong evidence of a psychological condition that affects parenting. It’s...

    5 lawyers agreed with this answer

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  9. Due due to a flight delay, I was late to my court hearing and it got pushed to the next term. Can I submit an apology?

    Answered about 1 year ago.

    1. Bruce Clement
    2. Jay Bodzin
    3. Lee Alan Thompson
    3 lawyer answers

    If the hearing was a family law motion, if someone shows up late it is usually re-set at the end of the calendar that morning (or afternoon). It sounds like this case was scheduled for trial, and you showed up 15 minutes late. The judges normally will make some allowance for this on the first day of trial, especially when the party is flying in for the trial. So I'm a little mystified as to what happened. You might order a transcript of what happened before you decide to appologise. It’s always...

    5 lawyers agreed with this answer

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  10. My husband refuses to sign the divorce papers because he thinks the child/spousal support is too high. What can I do?

    Answered over 1 year ago.

    1. Bruce Clement
    2. Dave Hawkins
    3. Peggy Margaret Raddatz
    3 lawyer answers

    If your husband doesn't agree with your proposal, you need to file and serve the papers. The court will give you a schedule of deadlines, including the trial. The two of you will go to trial unless you both agree on the final orders. Mediation often is a good solution. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on divorce, child support, spousal maintenance and mediation for more information about the legal issues...

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