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In a domestic violence restraining order case does the plaintiff have to serve the respondent with all the evidence
Timothy's answer
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Answered on November 06, 2013
Yes, the respondent must be personally served at least five days prior to the date of the hearing, including all evidence to be presented. See...
Archived
I filed for a TRO (which was granted) pertaining to domestic violence. Can I now include issues of financial abuse at the PRO?
Timothy's answer
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Answered on November 03, 2013
You can, and the most effective way to do this at this juncture would be through your oral testimony at the hearing. However, see Evidence Code §412.
Archived
In a DVRO case, can the respondent be awarded attorney's fees if the Permanent Restraining Order is denied?
Timothy's answer
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Answered on November 03, 2013
He can request attorney fees under Fam.C§6344, if he prevails in defense. However, he must also satisfy the elements of 6344, which, if you are a...
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I am a victim of domestic violence. The district attorney is charging my ex. I have to testify. Do i need my own attorney?
Timothy's answer
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Answered on November 01, 2013
If you do not wish to testify, you need to hire an attorney. You may have a Fifth Amendment privilege to remain silent. If you assert that...
Archived
Can I get restraining orders toward my wife?
Timothy's answer
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Answered on October 30, 2013
You can, but not based solely upon that. The Family Code, at Sections 6203 and 6220, will tell you what type of "abuse" can be enjoined by a...
What to do with this TRO? Ask for another continuance or drop it since we have been peaceful for a month
Timothy's answer
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Answered on October 22, 2013
If the TRO was denied on an ex parte basis, the case is weak, as the burden of proof is extremely low at this phase. Either way, it sounds like...
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Can I file a divorce in San Diego for domestic violence abuse done in US embassy in Mumbai?
Timothy's answer
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Answered on October 22, 2013
In California, you do not need a reason to file for divorce, as it is a no-fault state. You can properly file your divorce in California if either...
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I have a restraining order against me until sept 2014. I sent a message on facebook to the person that restrained me.
Timothy's answer
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Answered on October 16, 2013
It all depends on what the specific provisions of the restraining order are. If you are to have no contact whatsoever, any contact, even peaceful,...
Archived
Can my bf take my newborn away before court?
Timothy's answer
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Answered on October 14, 2013
If he obtained a TRO against you that contains such a custody provision, then, theoretically, yes. However, until you are personally served with...
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Archived
Is the divorce law in dunwoody Georgia as same as CA?
Timothy's answer
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Answered on October 12, 2013
Probably not. Primarily, Georgia is not a community property state, like California. Regardless, there may or may not be some similar provisions...
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