Questions answered by Ophelia Genarina Bernal-Mora

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Can a person who's been served with a stay away order move back into his apartment without permission form the courts?

Ophelia's answer | Answered on June 27, 2013

Not if the injunction or no contact order specifically states you cannot go to that address. Many great attorneys can be found here on Avvo and...

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If an appeal was filed after final judgement is the case considered open? If open all filings must be by e-mail?

Ophelia's answer | Answered on June 27, 2013

More information is needed. You may want to consult with a local attorney directly. Many great attorneys can be found here on Avvo and offer...

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How do I serve an appeal on a final divorce? service processor or e-mail since this is not initial proceeding or is it?

Ophelia's answer | Answered on June 27, 2013

I agree with my colleagues. You need to speak with an attorney that has extensive APPELLATE experience. Most attorneys are not going to get into...

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If you have a court order stating garnishment ends on May 21, 2013 and garnishment occurs must person receiving return money

Ophelia's answer | Answered on June 27, 2013

The family law court judge that has handled the child support can usually enter an order directing the overpayment to be reimbursed. At least I...

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Can I sue my husbands ex wife for filing restraining order and Dcf reports , proven to be false?

Ophelia's answer | Answered on June 27, 2013

I do not handle civil suits, however, I cannot see how in any scenario a civil suit would work or be successful. Injunctions and restraining...

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How do I handle my ex-wife not keeping to the timeshare court order?

Ophelia's answer | Answered on June 27, 2013

If she does not continue to follow the court ordered parenting plan - you need to consider filing a motion for contempt and enforcement of the...

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In the court hearing my gross income was calculated $900 more than my actual gross income due to overtime. Can that be changed?

Ophelia's answer | Answered on June 27, 2013

You can attempt to go back to court and modify the child support amount. You may want to consult with an attorney in your area to discuss the...

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If a seventeen year old has to be depositioned, and asks for a parent to be present, can the request be denied by the attorney?

Ophelia's answer | Answered on June 27, 2013

I tend to agree with Mr. Registrato. A motion for protective order would have been the proper path to take prior to deposition. Especially...

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Can I get married in the US if I'm already married in another country?

Ophelia's answer | Answered on June 27, 2013

No, the U.S. will recognize your marriage from Mexico but not give you a new license here. You may get a certified translation from a translator if...

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If a child support order gets modified will the paying parent get credit for overpaying?

Ophelia's answer | Answered on June 27, 2013

Any credit would be from the date the petition is filed so I would recommend filing it ASAP. This is also not an absolute and is up to the court. ...

Ophelia Genarina Bernal-Mora's Answers (3015)

Can a person who's been served with a stay away order move back into his apartment without permission form the courts?

If an appeal was filed after final judgement is the case considered open? If open all filings must be by e-mail?

How do I serve an appeal on a final divorce? service processor or e-mail since this is not initial proceeding or is it?

If you have a court order stating garnishment ends on May 21, 2013 and garnishment occurs must person receiving return money

Can I sue my husbands ex wife for filing restraining order and Dcf reports , proven to be false?

How do I handle my ex-wife not keeping to the timeshare court order?

In the court hearing my gross income was calculated $900 more than my actual gross income due to overtime. Can that be changed?

If a seventeen year old has to be depositioned, and asks for a parent to be present, can the request be denied by the attorney?

Can I get married in the US if I'm already married in another country?

If a child support order gets modified will the paying parent get credit for overpaying?