Is it better to proactively file a declaration explaining a filing error? Or wait to respond only if counsel mentions it?
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Answered on January 15, 2023
A "DECLARATION AND REQUEST TO EXCUSE THE GOOD FAITH ERROR" would be the proper legal document to submit in this situation. However, my colleague is...
Restraining order is about to end. How can I ensure it doesn’t get renewed?
Stephen's answer
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Answered on January 15, 2023
Surprisingly, the law makes it easier to get rid of a previous restraining order than to renew one that is about to expire. To keep a restraining...
Is a Motion to Stay the proceedings (to do a writ for example) a noticed motion?
Stephen's answer
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Answered on January 13, 2023
You didn't describe the grounds for the stay, so I have to answer the question in the most general fashion. Obviously there could be variations...
So my husband that I divorced decided he was going to move back in on me and the kids since we haven’t got ate hardcopy back ?
Stephen's answer
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Answered on January 13, 2023
Well, the Judge ordered the house be sold; so find a listing agent, sign a listing agreement, and sell the house. When there is no more house, he...
What to do when a party refuses to provide a copy of evidence they submitted to the court?
Stephen's answer
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Answered on December 11, 2022
Generally, courts have great discretion when deciding what information to accept into evidence. Evidentiary rulings will not be reversed unless...
Can I lose custody of my child if I’m dating a felon with a recent DV case? My child is never around th person.
Stephen's answer
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Answered on October 17, 2022
Child custody decisions are based upon the "best interests of the child." Let's think about this for a minute. Where is your relationship going? ...
Can I be held in contempt or punished as a caregiver?
Stephen's answer
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Answered on October 15, 2022
On the one hand, you possibly might have appealed the order when it was made - as you might not have been given sufficient notice and opportunity...
Can you request defendants to compel medical records in a summons and complaint case?
Stephen's answer
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Answered on October 15, 2022
Well, it depends. Are you demanding that Defendant provide YOUR records to you? Why not just write them a letter? You might include with it a...
Is my ex legally allowed to remove or take away cell phones I have provided for communication and safety purposes?
Stephen's answer
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Answered on October 15, 2022
If his conduct is not barred by a current order, then the police won't prevent him from engaging in it. You seem to have grounds to go back to...
What happens if petitioner’s request to enter default was filed same day as respondent’s response for a divorce?
Stephen's answer
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Answered on July 18, 2022
Typically, the RESPONSE is filed, and the Request to Enter Default is denied. That's the way it's SUPPOSED to happen. But if the default gets...
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