Archived
I am a female and received a restraining order from a male neighbor with accusation of banging to his doors and windows.
Benjamin's answer
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Answered on November 25, 2014
You need to petition the court issuing the "restraining order" (named an injunction against harassment under Arizona law), and as for a hearing on...
Archived
Is the president recent order/action on immigration lawful or constitutional?
Benjamin's answer
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Answered on November 22, 2014
No. The President is exercising what is called "prosecutorial discretion", the executive decision not to prosecute individuals even if statutory...
Charged with simple battery/fV because my boyfriend tried to choke me and he had scratches all over him. Can dfcs take our son?
Benjamin's answer
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Answered on November 22, 2014
It sounds to me like you are great candidate for a court appointed best interests attorney to evaluate whether a dependency action should be filed...
Archived
Scratched charges refiled and facing a 1 count possession or use of marijuana class 6 felony never been in trouble before
Benjamin's answer
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Answered on November 22, 2014
He will be charged with a felony. The good news is that your son is likely probation eligible. Bad news is he will likely have to compete either...
Archived
Child custody Paternity
Benjamin's answer
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Answered on November 22, 2014
Yes. He can indeed file throughout the pregnancy, and once there is a preliminary injunction, you may well not be able to leave the state for a...
If you have joint custody, can a child travel out of state without permission from the other parent?
Benjamin's answer
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Answered on November 22, 2014
Generally: No.
If there is joint custody, and the orders require notice and exchange of information prior to traveling out of State, then no,...
Archived
I was issued a ticket in Walmart for shoplifting the total of the items came out to $67 dollars and some change.
Benjamin's answer
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Answered on November 18, 2014
Perhaps with a first offense diversion may be offered, but if this is an east valley jurisdiction, they may well want a misdemeanor theft...
Archived
What recourse do I have if my lawyers silence in the courtroom has caused me to receive a bad judgement?
Benjamin's answer
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Answered on November 18, 2014
I suggest you first set an appointment with your attorney and sit down with some drawn out questions and concerns regarding her actions in court....
What is the legal term for 2-2-3 custody visitation schedule?
Benjamin's answer
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Answered on November 18, 2014
What you are describing is actually generally a 3-2-2-3 schedule. This is where there is 50/50 parenting time, and the child is generally young and...
Archived
I was arrested and charged with DV. My ex has filed a motion to take sole custody of our daughter. What are his chances?
Benjamin's answer
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Answered on November 18, 2014
Mr. Skupin's analysis is largely correct. In fact, from a criminal attorney's perspective, while it may indeed be possible to get this pled down to...
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