Archived
In California family law, does the date of filing the petition or date of service determine what county will hear the case?
Timothy's answer
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Answered on April 22, 2013
Service controls; see CCP§410.50.
Archived
If I have a family who lives in Europe, can I file a restraining order on my ex spouse who said that he will fu*k them up.
Timothy's answer
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Answered on April 21, 2013
No.
There would have to be "abuse" against you, as defined in Fam. C §§6320, 6203, then in turn you could list your family as additional...
Archived
When someone has obtained a "kick-out" order, can they forcefully enter the house to serve the accused person?
Timothy's answer
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Answered on April 19, 2013
I would be very cautious about forcefully entering anywhere, but if you have obtained a kick-out order against that person, as to that residence,...
Archived
In California, how far back do judges look into when determining permanent restraining order. Is it 180 days or longer like in
Timothy's answer
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Answered on April 18, 2013
The judicial officer is to consider "recent" abuse, but there is no statutory delineation of what "recent" is, meaning that there is broad...
Archived
If I file a restraining order against someone? Do I have to show up in court?
Timothy's answer
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Answered on April 07, 2013
Yes, you must be present at your own hearing, or the motion will be dismissed. The courts are staffed by Deputy Sheriffs, so you should be...
Can I visit my boyfriend in jail if he has a restraining order on him because of me?
Timothy's answer
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Answered on April 04, 2013
Yes, you are not the restrained party. However, you going to see him significantly diminishes your ostensible need for protection.
Archived
If you call the cops on your husband and he does not get arrested does the DA still press charges??
Timothy's answer
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Answered on April 02, 2013
No.
Archived
If my wife doesn't file a response to my petition,how long before divorce is final?
Timothy's answer
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Answered on March 30, 2013
If she does not respond, you need to request to enter a default, and subsequently obtain a default judgment. The soonest that the divorce can be...
Archived
Does a restraining order mean I don't need to pay spousal support
Timothy's answer
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Answered on March 30, 2013
In addition to Fam C §4320(i), the court can consider a conviction for domestic violence as well, which is relevant if she has been arrested and...
Archived
I know I can get a divorce in CA. when my husband lives in VA. but can I still get half of our property that is in VA.?
Timothy's answer
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Answered on March 29, 2013
If the court has jurisdiction over your husband, which it would acquire when he was personally served with the summons, it can make orders which...
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