I was evicted from my apartment and had to move back in with my mom, who lives with a man she used to date, but there just friends now. She's been here since I was 8 so about 27 yrs. now. I have a 7 year old daughter and no where else to go, I don...
In some situations you can get a restraining order that would prevent harassment; however, in certain circumstances judges are reluctant to do so. A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence.
You can ask for a civil harassment restraining order if:
A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, AND
You are scared or seriously annoyed or harassed.
Also, the person you want to restrain CANNOT be:
Your spouse/partner or former spouse/partner,
Someone you dated at any point, OR
A close relative (parent, child, brother, sister, grandmother, grandfather, in-law).
The person you want to restrain CAN be:
A neighbor, A roommate (as long as you never dated), A friend, A family member more than 2 degrees removed, like an aunt or uncle, a niece or nephew, cousins, and more distant relatives, OR Other people you are not closely related to.
Hi. Sorry. I posted this before, but I think it went into the wrong category. I have a small restaurant. I hired a server who worked for me for around 10 months. I fired him for stealing. He said he wasn't paid the right wages while he was here...
Yes, it is legal and sometimes the best option to avoid expensive litigation. You should consult with an attorney to make sure the settlement agreement will be sufficient to protect your rigjts after the settlement is completed. If written improperly, the agreements may not hold up in court and expose you to further lawsuits.See question
I live in sacramento I have been stay at home dad for the last year also married 10yrs and have one son age 14 wife has admitted to second affair in 3yrs & wants divorce however no papers filed yet. She involved my son in first affair by moving hi...
Yes. There is a good chance for both but you will need to approach this case very carefully. You should consider consulting with an attorney soon.
Generally, In California child custody is based on the overall best interest of the child. This means the health, welfare and safety of children is the first concern of the courts. In California, the standard for child custody is the much talked about best interests doctrine combined with a leaning toward frequent and continuing contact with both parents. “The one thing to note about California family law when it comes to dealing with child custody is that there is ‘no’ preference or presumption for or against joint custody or even custody to one parent. If you can show that your [ex]wife's actions are detrimental to the safety & welfare -- 'the best interests' of your son, the court will likley grant you full custody. Again, reach out to an attorney here in Sacramento area to discuss how to protect your rights.See question
I was married to my soon to be ex wife for just over 12 years. I was ordered to pay temp alimony and she is now living with her boyfriend who makes just under 100k a year. They made a co habitation agreement had it signed and Noterized and lists e...
If your Judgment is silent on the issue of cohabitation and only states that spousal support will be modified upon further order of the court, or if your divorce is still pending and you have not entered into a final Judgment yet, your former spouse's cohabitation may result in your support obligation being modified or terminated altogether. Family Code Section 4323 provides that except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate spousal support ... The Court presumes the supported party has a reduced need for support because they are, presumably, sharing in expenses, such as rent, utilities, groceries, etc. with the person they are cohabiting with. Keep in mind though, this is a rebuttable presumption, meaning that cohabitation does not automatically modify or terminate support. Various factors could be used to rebut this presumption. For example, if the cohabiting person of the opposite sex were not contributing at all to the rent, utilities, groceries, or other expenses, your former spouse would likely not have any reduced need for support based solely on the fact they are cohabiting. I would recommend speaking with a family law attorney to ensure that your rights are protected.See question
I was scared when I hit a parked truck . Nothing happened to the truck but my car is possibly totaled . it was done at a neighbors house so cops knew where to find me,. I didn't admit to the accident but later implied I did,. the officer said no c...
Sounds like you screwed up. You need to speak with an attorney to help straighten this mess out. Chances are you or your friend will face some consequences.See question
I filed an unprofessional conduct complaint against my supervisor and 3 days after I filed the complaint I was moved from my assign work post , even though my position is a post and bid position (I work for the state of CA), am I being harassed? ...
Yes there is something you can and should do. You should consult with an employment attorney to explore your options. However, generally, in California, you should file report with your Human Resources Department and file a claim with the California Department of Fair Employment and Housing. There is a process you must follow to stop the harassment and recover potential damages. There are many attorneys in the Sacramento area that are able to help you.See question
hi my ex husband and I have joint custody of our daughter. She lives with him and has physical custody since she lives with him but yet we have joint custody. I heard he is taking her out of the country and who knows if he forged my name for her p...
It depends on how the custody order reads, but generally orders prohibit travel out of the country without parental or court authorization. Speak with a family law attorney to ensure your rights and child are protected.See question
Our HOA is very dysfunctional. Constant fighting among the Board Directors. A couple of months ago, the Board President suspended Board email accounts of 2 Board Directors. It was something about them disclosing confidential emails to various p...
I have had experience with HOA board infighting. In my experience rules are often bent or simply ignored. Consult with an attorney in Roseville/Sacramento area to explore your options and ensure that the rules are being followed.See question
I rented a room at an Indian Casino. When I got to my room, I took a shower butt he bathroom floor got wet because I left the shower door open. I slipped and fell when I took a step over the bathtub and fell onto my face. I received a concussion a...
There are several attorneys here in Sacramento/Rocklin that handle these types of claims. You are wise to get an attorney involved early.See question
We married in 1985 - he moved out Jan 2015 and has been seeing another woman since I don't know when. We tried reconciling but in May of 2016 I left after being told by my husband he was in love with the other woman.
Separation and divorce are essentially the same thing in California. Consult with an attorney here in Sacramento to explore your options and protect your rights.See question