Its been 30 days from filing a divorce. I haven't been served his response nor do i know if he responded. Can I file a default?
Joseph's answer
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Answered on March 02, 2013
He has 30 days to file and serve the response FROM THE DATE HE IS PROPERLY SERVED. If he filed his response but failed to properly serve you, I...
Archived
Retired military member wants to file motion to terminate spousal support in Georgia as ex remarried in 11/10/12.
Joseph's answer
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Answered on March 01, 2013
As a California family lawyer, I find it quite surprising that there are jurisdictions that have a spouse receiving support from their first...
If I accept A deferred adjudication plea for family violence, will I still be able to obtain a national security clearance?
Joseph's answer
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Answered on March 01, 2013
The clearance is a huge issue, but as the others have posted, you have opportunities to explain, and even appeal an unfavorable recommendation. ...
Archived
Urgent easy question about D.V. response and witness report please....
Joseph's answer
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Answered on March 01, 2013
If the witness signed the statement, dated it, and it has "I declare under penalty of perjury under the laws of the state of California (or says it...
Archived
Can i continue to get medical benefits from spouse if we sign divorce papers?
Joseph's answer
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Answered on March 01, 2013
This question appears in "Military Law" so I am making an assumption that you are referring to TriCare coverage as a former spouse. YFrankly, his...
Archived
Any advice on defending myself against my restraining order cases?
Joseph's answer
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Answered on March 01, 2013
You are in a good position if the Court denied the Temporary Orders. Representing yourself and talking to the Court directly in your OSC hearing is...
Archived
Arrested and charged with domestic violence. I asked my lawyer to show me the police evidence.
Joseph's answer
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Answered on March 01, 2013
I cannot imagine a scenario where I keep anything from my client (other than the personal contact information of complaining and other witnesses,...
Archived
SHOULD I PLEAD NOT GUILTY TO A DOMESTIC ABUSE BATTERY IF MY WIFE DIDN'T PRESS CHARGES , BUT THE OFFICER ON SCENE DID
Joseph's answer
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Answered on March 01, 2013
Plead NG at arraignment. Consult your public defender. If you are not enthusiastic about the public defender's skills, hire a lawyer. Research...
Archived
If I was tried for domestic violence when I was a minor and am no looking to enlist in the military do I need a pardon and how
Joseph's answer
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Answered on March 01, 2013
The Lautenberg Amendment prohibition on access to firearms for those convicted of Misdemeanor domestic violence is VERY unforgiving. In fact,...
Archived
Why would he get a a public defender if it is a civil case for a domestic violence injunction violation?
Joseph's answer
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Answered on March 01, 2013
If he is charged with violating the Injunction, that's criminal. Each state may be a little different. But if the prosecutor elects not to pursue...
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