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Charles Wesley Kim Jr

Charles Kim’s Answers

2 total

  • I have to explain to a group of people what effect a "garbage" restraining order has on the restraind individuals life. pls help

    Here is the problem. I have been chewed up by the California legal system, my miserable ex wife, and her vicacious and calculating money grubbing lawyer for many many yearrs. Despite no criminal record (verified) i continue to earn restraining...

    Charles’s Answer

    If the court issued a permanent restraining roder before based on evidence presented in a contested hearing, then the process of obtaining extensions of that order is relatively easy. In order to get the orders terminated, you would need to show why restraining orders are no longer necessary - not an easy task under the best of circumstances. My guess is that you'll need third-parties to come and testify on your behalf. If there are allegations of substance abuse or anger issues, then you'd want to submit proof of treatment and/or completion of an anger management program. If you can bring a therapist who can testify that you're not a danger to anyone and that you're not likely to engage in any prohibited conduct, then that would be helpful too. If you have proof that you are not continuing to engage in the sort of conduct that triggers a restraining order, then you'll need to present that too (e.g., phone records to contradict claims you are calling, etc.). Your ex-wife's motivation is not relevant to the discussion. What matters is your conduct.

    As for your kids testifying in court, are they going to testify for or against you? They have to be 14 years old to speak in court, and then only in certain circumstances. Younger than that and they don't get to talk. Their testimony may come in through third-parties though, so you need to be prepared to address any evidentiary objections you can make.

    Having handled dozens of DV cases over the years (both for and against), I can tell you that they are difficult, but not impossible, to defend against. In your case, having already been hit with one or more, you're fighting an uphill battle. At a minimum, you really do need to consider consulting with a lawyer experienced in DVPA cases to see if you have any chance of prevailing in a contested hearing. If not, then you'd be well-advised to try to cut a deal with your ex-wife, through her attorney, that gives her what she wants in return for dispensing with the restraining order.

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  • When do I start paying spousal support?

    We have a Marital Settlement Agreement that says I will pay spousal support when my ex-spouse moves from our home. The agreement also says that we will remain in the home until it is sold, and she is to pay money to me for expenses. However, she m...

    Charles’s Answer

    A Marital Settlement Agreement is treated as a contract. If it were incorporated in the Judgment, however, it would be treated as a court order as well. I am assuming, for purposes of this answer, that the MSA was incorporated in the Judgment.

    The obligation to pay spousal support and the obligation to contribute to household expenses are separate obligations. The fact that she moved out early is not a justification for not paying spousal support. At the same time, she is not absolved of having to contribute to the household expenses (essentially preserving the community property equity in the house) if she vacates early. Technically, she should have requested permission to move out, to remove the problem of a court having to figure out if part of her financial contribution should be reduced because she is no longer having the benefit of the use of the house.

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