My husband assulted me, was arrested and released on an unsecured bond under the conditions he would make no contact with me. I reside in the home and he has filed a petition for special relief to make me turn over the family dog to him and pay at...
He can file the petition but you can oppose the petition and show that he was arrested and why and that the charges are pending and that he has filed this to further harass you and is violating the terms of his release. Let the judge know you are filing for divorce and if you can file before the hearing even better! Not sure how he would be entitled to attorney fees and in fact you shouldask for your attorney fees and costs in opposing his petition! If you don't have a formal restraining order against him, get one now and please be careful to protect yourself as the TRO is only worth the paper it is written on and sometimes in these situations angry spouses will violate them without regard for the law! See if you can get your petition for a TRO filed and have the hearing in the same court as your husband's petition? You need to get a family law/divorce lawyer to help you!See question
I have an injunction against me, from my husbands ex wife. I didn't show for the hearing, so it was granted to her. She has tried to get two contempts on me in the last 6 years but not enough evidence. I filed to have this injunction dismissed, an...
I think most judges are fair and impartial, your failure to appear will not impress the judge unless you have a very good reason! You need to look at the evidence she is putting forth and be able to rebut that conviningly. If you can prove some of it is false or without any foundation, it would be helpful. If you can show an alterior motive for the injunction, that would help as well. Does she have any felonies or something that would reflect poorly on her credibility? Do you have any favorable witnesses, phone records that show you are not calling her, were you out of town on a day she claims you harassed her, etc.See question
Can I Take this first step to oppose the plaintiff's Motion for SJ and then if their motion is denied, can I then Motion for SJ on my counterclaim? I will not be able to meet the lawyer until next week and I need to get my response in ASAP. I w...
I would ask the opposing side to stipulate subject to court approval to a continuance on the date for your opposition and the MSJ hearing and get the lawyer involved. If they will not, then go into court ex parte and explain to the judge you tried to get an extension as you have a lawyer coming in but they would not agree and you need the lawyer to oppose the MSJ. The judge would rather have a lawyer doing the opposition than you.
You can file your MSJ or Motion to Dismiss anytime as long as there is enough time left before the motion cut-off or trial to schedule the hearing and give adequate notice to the other side.
We have been in a court battle with another couple over adopting a child. Court has been completed for 5 wks and still no ruling!!
This is not unusal, particularily given the length of the case, the judge also has many other cases and matter to preside over, so it may take some more time.See question
I have been served with a motion for order by my ex in family law division. He is requesting 9 orders be made against me including ending my spousal support. He states in two of his motions he is going to call witnesses. He did not provide their n...
yes they can it is up to the judge whether to allow the witness, you can object and try to show prejuduce, if the judge allows, then ask for time to prepare for the cross-exam of the new witnesses.See question
Not served either papers . Complaint or Osc. Do I just show up for the Osc of do I file an answer.
I agree with Attorney Schwimmer, check out the court file and see what the OSC is about, if it is a default or something like that, you need to know. Get yourself a lawyer ASAP.See question
Greetings, I have an injunction against repeat violence on my ex husbands current wife. I have had this order for 8 years. She has recently filed an outlandish motion to vacate the injunction ( Outlandish, meaning personal/slander attacks against ...
I think the strongest argument other than any improper contact or violations since the injunction was issued is why would she spend the time and money to vacate the injunction if she has moved on with her life and never harrassed you? If you have any evidence that she has violated the injunction let the judge know, does the injunction provide she cannot possess a gun, if so the picture is important, also whether she has committed any crimes since the injunction, anything that would indicate she is still a threat. I agree with the other lawyer it is hard to predict what the judge will do.See question
What hearings are held before trial. How long after hearings does trial start
It depends on the type and size of your case and many other factors, including the availability of a judge and courtroom? There are many types of hearings, including demurrers, motions, status conferences, trial settings, etc. I suggest you get a lawyer ASAP!See question
I just found out from my bank that I have a lawsuit started against me by my HOA. They say I owe them a lot! That's not the only thing we don't agree on. It seems a process server swears that he served my wife. Suffice to say that is impossible. ...
I agree with Attorney Hawkins, you need to get a lawyer to either prepare, file and serve a Motion to Quash the alleged service, a Demurrer or Answer to the complaint? If you lose, you may likely owe the other side and their lawyer more than you will spend on a lawyer! you can always negotiate a settlement, the question is whether the other side will negotiate or agree? if they get a judgment it will be hard and costly to undo via an appeal?See question
After you file a request to transcribe a trial, how long does it take before you recieve that back?
You need to contact the court reporter(s) for your case and inquire as it depends on many factors, the length of your trial, the other committments of the reporter, their vacation schedule, etc.See question