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John Wood Bussman

John Bussman’s Answers

409 total


  • How does a restraining order affect the divorce process?

    John’s Answer

    It's very common for one party (or both) to seek a restraining order during a divorce. If your husband has committed actual violence against you and he continues to harass you, you should seek a domestic violence restraining order in the county where he lives.

    To get a DVRO, you'll need to prove "by a preponderance of the evidence" that your husband has committed actual violence, has threatened some imminent harm, or has harassed you. The legislature made this burden very low on purpose -- they wanted to make it easy for victims of domestic violence to get some protection from the courts.

    The legal definition of "harassment" is pretty specific -- you'll have to prove that his messages serve "no lawful purpose". If he's looking for his missing wife, he might argue that he has a lawful purpose for contacting you. If he's threatening you and telling you to kill yourself, you'll probably have a strong argument that his messages qualify as "harassment".

    Talk to any of the lawyers on this site if you have any questions or if you're looking for representation.

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  • Is there a time limit to sue for wrongful termination?

    John’s Answer

    Depending on what kind of employer you worked for, the statute of limitations was probably 6 months - 2 years. If it's been more than 10 years, it's way too late.

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  • How does the prosecutor get an audio recording to be played in court in front of the jury, for a criminal case trial?

    John’s Answer

    That's hard to answer without giving a 30-minute lecture on the California Evidence Code.

    The short answer is that the prosecutor would "lay the foundation". That is, he or she would call a witness who made the recording and ask a few basic questions to establish that the recording accurately reflects what actually happened (when / where / how the recording was made, whether or not it has been tampered with or edited, etc.).

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  • I have a FTA warrant in Victorville, Ca for a traffic ticket? I dont know what to do. And i cant get a job because of my warrant

    John’s Answer

    Was the warrant recalled when you appeared and had the case added onto the court's calendar?

    If you had an active warrant and you personally appeared in court, I can't imagine that they would set your court date so far out and leave the warrant active.

    Even if you turned yourself in, the police wouldn't take you into custody over a traffic ticket. They would just write a new ticket with your new court date on it.

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  • A speeding ticket waived by the officer but still gives 16028a for no insurance. What should my dad expect?

    John’s Answer

    Probably.

    You (or he) should appear at the court date and bring proof that he had valid insurance at the time, even if the paperwork wasn't in the car. I expect that the judge should reduce or dismiss it.

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  • After completing felony deferred adjudicated probation am I able to own guns ?

    John’s Answer

    I'm not licensed in TX, but it's probably the same as CA.

    If you ever pleaded "guilty" to a felony and the court imposed some punishment, then the federal government will still consider that to be a "conviction", even if the state court calls it a "dismissal".

    Most deferred adjudication programs require a defendant to plead "guilty" up front. If that's the case, then you are a "felon" in the eyes of the ATF, even if you are not a felon under TX law. If the case was reduced to a misdemeanor, or if you never entered a plea, then you might be eligible to possess firearms today.

    I'd ask the lawyer who represented you in that case and take his advice. Good luck.

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  • How much time does a victim have to report a domestic violence crime to the police? CA

    John’s Answer

    I would be amazed if the DA actually filed a DV case that was reported 6 months after the incident. Evidence would be unavailable and the accuser would have a major credibility problem.

    If you've been a victim, though, there's no harm in reporting it. If it ever happens again, the DA will see that there have been other accusations in the past, even if those accusations didn't result in criminal charges. That might affect their decision-making in the future.

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  • Can I put a camera up for safety reasons in the livingroom, even if I live with a family member who's the owner?

    John’s Answer

    The owner of the home can make whatever reasonable rules he wants inside his own home. If he doesn't want you put up cameras, you have no legal right to disregard his wishes.

    If this guy is generous enough to let you into his home, and you'd be homeless without his generosity, you should probably respect his wishes.

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  • Do criminal defense attorneys pick on the victim for the fact that the victim waited months before reporting to the police?

    John’s Answer

    It's the defense attorney's job to zealously advocate for his client. That includes exposing any credibility issues in the reporting party's testimony. He wouldn't be doing his job if he just politely accepted the accuser's allegations.

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  • Why won't they let my friend out?

    John’s Answer

    It sounds like her mom is strict, but I can't speculate about her motives. This probably isn't a legal issue that anyone here can help with.

    If you believe that she is being abused, you can report it to the police or the Department of Children and Family Services.

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