Archived
Arrested for but not guilty of domestic violence and the District Attorney rej'd case. How do I get arrested removed from record
Andrew's answer
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Answered on May 07, 2010
Regarding the arrest, you need to make a demand that the record be sealed under Penal Code 851.8. There is a procedure listed in the code on...
Archived
Do I need a Family Law Attorney?
Andrew's answer
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Answered on May 07, 2010
Your best defense is to show that you have been paying the amount of support that was ordered by the court. If she wants to seek a modification of...
Archived
Property rights in a divorce
Andrew's answer
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Answered on May 06, 2010
It is difficult to answer your question with certainty as there are several factors that can affect the characterization of property. However,...
Can someone get a restraining order with no evidence of wrong doing?
Andrew's answer
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Answered on May 05, 2010
The technical answer is YES. Someone CAN get a temporary restraining order under the Domestic Violence Prevention Act simply by showing "good...
How to settle federal restitution with the
the victim or govt any lawyers?
Andrew's answer
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Answered on May 05, 2010
Federal Restitution is something that is under the direct oversight of the Federal Probation Service. If you have been released, and are seeking...
Archived
I was granted after hearing order of protection and restraining order on April 28 2010 but the clerk wrote same date as end date
Andrew's answer
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Answered on May 04, 2010
The simplest answer is to go back to the clerk and request a correction. The clerk can check the minute order to verify that a mistake was made...
Archived
Can a judge put perminate restriction 9 years later after I served my crime
Andrew's answer
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Answered on May 01, 2010
You state a 261.c (Rape) but I have a feeling you mean 261.5c which is statutory rape. There is a big, big difference.
Essentially, your...
Archived
Custody and visitation
Andrew's answer
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Answered on May 01, 2010
These are ALL facts that you want to present to the judge at your hearing. I am guessing that since you have a hearing, your ex filed a motion to...
Archived
Are emails/face book or other chats ok to use in court or other family court proceedings in CA?
Andrew's answer
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Answered on May 01, 2010
It definitely depends on what context you are trying to use that information.
If it is part of a custody evaluation or mediation, then you can...
Archived
At what age can children be witness to the abuse in domestic violence and say NO to visitation?
Andrew's answer
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Answered on April 30, 2010
Generally, the court will start to take account of the child's wishes after 12, but that is subject to the maturity of the child. Basically, the...
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