I am thinking about hiring a lawyer for my civil restraining order (domes. viol based on threat) as I was falsely accused. I have already responded to my soon to be ex, but without an attorney. Can I still retain one at the very last minute even when I have filed what is needed with the court and have also responded my ex. Basically, am I obligated to notify in advance of the attorney or can I find one anytime before the hearing and go to the hearing with one. Also, if I want to transfer my attorney fees on my ex because of his false accusations for wasting my time on nonsense (assuming that I win), can the attorney request the judge for the transfer of my fees in court during the hearing or do I need to file FL-150 in advance.
I do not want to end up going to the hearing with an attorney just to find out that I had to notify the court through my response DV120 & FL-150 Income declaration form in advance. My time is also limited, so that is why I might find someone affordable the last minute as I am looking right now. Please advise as it's an emergency. Thanks.
Divorce / Separation Lawyer
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, the court *may* award attorney's fees to the prevailing party under California Family Code section 6344. This is discretionary with the Court and is oftentimes determined by looking at the parties' respective incomes and ability to pay. To this end, you should file and serve a FL-150 in advance of the hearing with any and all necessary attachments.
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Divorce / Separation Lawyer
Yes, you have every right to have an attorney represent you even if you hire him/her at the last minute. I am including a link below which may prove helpful. Good luck.
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Family Law Attorney
The answer is yes you can hire a lawyer and you can seek attorneys fees. You will have to prevail and still the judge may or may not award attorneys fees.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
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