Can my wife come to my house and remove all the furniture and appliances if I have tro on her for domestic violence
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Answered on May 31, 2012
Review the TRO to see if it contains the typical stay away orders. I do not imagine the order would have any provisions allowing her to come to...
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Filed and served OSC, received response 3 days before court.
Fernando's answer
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Answered on May 22, 2012
Responsive declaration may seek affirmative relief on only the same issues raised by the moving party. See Family Code section 213. Any...
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Ex-wife wants a no contact order against my live-in girl friend.
Fernando's answer
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Answered on May 22, 2012
Your question raises many jurisdictional, procedural and substantive issues. From what I can ascertain, your ex-wife appears to be seeking a...
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Five year limit on paternity suit?
Fernando's answer
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Answered on May 18, 2012
See CCP 581 - 583.430, specifically CCP 583.310, 583.330 and 583.360.
Here is a link to where you can read the California Code sections...
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Family code OSC (California)
Fernando's answer
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Answered on May 18, 2012
In addition to CCP 1005, CCP 1013 provides for any period of notice to be extended five calendar days if service is made by mail (within the State...
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My x boyfriend have our four year old son a cigarette on his unsupervised visit can I order court to be supervised??
Fernando's answer
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Answered on May 17, 2012
While the discovery of a cigarette in your son's pocket would not sit well with any Judge or parent for that matter, such discovery alone would not...
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Temporary restraining order ( family law domestic violence)
Fernando's answer
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Answered on May 16, 2012
Yes, however, you will have to file your own Request for Domestic Violence Restraining Orders, not simply request such relief in a response. The...
How to enforce acceleration clause for unpaid child support per terms of a court order?
Fernando's answer
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Answered on May 16, 2012
Review the language in the order to determine whether the court ordered a payment of interest on the entire past due amount. If not, it sounds...
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Can a osc contempt be filed for child support if the support is being paid now but was not paid for the first 3 years?
Fernando's answer
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Answered on May 15, 2012
If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is...
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Ex-wife threatening to sue for full custody because I am sheltering my sister-in-law from her abusive husband.
Fernando's answer
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Answered on May 15, 2012
Your ex-wife's contention that your home is not safe for the children, because your sister-in-law who has a restraining order against her husband...
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