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Dave Hawkins
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Dave Hawkins’s Answers

7,078 total


  • Can I represent myself (Pro Se) in all matters not related to a pending appeal, but have an attorney handle the appeal?

    I'm currently in a custody dispute in Pierce County. My ex-wife is appealing the trial courts decision. I've hired an attorney to handle the appeal, but there are other issues that need to be resolved and frankly I'm unable to pay an attorney to...

    Dave’s Answer

    No. You may represent yourself and have the attorney handle the Appeal -- it's a bad idea, but you are allowed to make bad decisions.

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  • Can my mother claim alimony and child support 40 years after divorce? Please read details in the additional details section.

    My father divorced my mom nearly 40 years ago. She was not in the US when he divorced her and so she just received the court order and didnt know what to do. Back then, in that country, she didn't know that she is entitled to receive alimony or ch...

    Dave’s Answer

    I doubt it, too much time has passed. Al you can do is try, but you will need to hire an attorney.

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  • In pierce county can I file a motion of contempt if my sons father is not following the case schedule including parenting class?

    My sons father petitioned the courts for a parenting plan/ residential schedule to be put into place back in October. He did this 6 months after a CPS case was started involving my daughter. That is because I found out through my old caseworker th...

    Dave’s Answer

    You can file it, but it probably won't granted based upon for the reasons you stated. Contempt is reserved for the willful failure to follow a court order. There are elements of contempt that you must prove as the moving party. You should hire counsel if you want to proceed in this way.

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  • If my ex wife has an attorney can I give him the protective temporary order rather than serving

    her or does she have to be served regardless?

    Dave’s Answer

    Not unless the attorney agrees to accept service on his clients behalf.

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  • I have a temporary harassment order against my ex. He is evading service. The hearing is next week. He does have an attorney.

    What does one do with the hearing coming up and he is not served? I did send an email to the attorney letting him know this and he is not allowed to harass or contact me in any means. The sheriff's office told me they don't serve civil harassment ...

    Dave’s Answer

    YOu will need to get the order reissued and find a way to serve him.

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  • Merotricious relationship

    My children's father and I were together 16 years we had a commitment ceremony in 1999 child support we worked out happily. But I need,someone to separate property ...retirement. ..and help us get a certificate of divorce our credit and b...

    Dave’s Answer

    You will need to contact attorneys individually. Attorneys are not allowed to solicit business on this forum.

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  • Washington State dissolution - division of liabilities

    I have a manyfold question regarding liabilities in dissolution. If a judge were to divide assets and liabilities which were community during the marriage, how does that work in regard to collections if the party who has the liability assigned do...

    Dave’s Answer

    Creditors are not bound by court orders and may attempt to collect against either spouse as long as they were married and the time the debt accrued.

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  • Contempt of court

    i filed for contempt of court on my ex wife. she filed a response and i responded back to her response. she has a lawyer i dont what am i to expect in court?

    Dave’s Answer

    There court will determine whether you have met your burden of proof under the statutory construct and apply the law to determine if the has been a violation of a court order.

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  • Please review this argument and critique.

    1. The liberty clause of the US Constitution guarantees the fundamental right to marriage. 2. This also guarantees the fundamental right for married couples to live together. (Case law supports this.) Based on 1 and 2, the filing of t...

    Dave’s Answer

    Yes, you have a right to file a I-130 petition, whether that petition is granted is up to the service after application of immigration ;aw. here is not absolute right to a green card m--- there is no "plain and simple" when it comes to immigration law.

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  • Can my childs father and gma cut his hair withou my permission?

    The court order states I am the primary residential parent. I have been growing my son's hair out for a picture, every wed he goes with his dad for a visit and comes back with his hair cut shorter. I have asked him to please stop but it keeps happ...

    Dave’s Answer

    As to decision making, unless the PP gives you sole decision making regarding haircuts, each parent can do as she/he peases.

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