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Articles

The Most Important Thing You Must Know At the Beginning of Your Juvenile Dependency Case

November 3, 2014

I’ve been noticing a shift in the willingness of social workers, and sometimes judges to place foster children with family. It seems that all the political lobbying foster parents are doing in Sacramento and amongst the County social workers is paying off. It is imperative that you know the following: YOU MUST FIGHT TO PLACE YOUR […]

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When Stopped By Police You Must Assert Your Rights Clearly or Risk Waiving Them…

November 7, 2013

ASSERT YOUR RIGHTS CLEARLY OR RISK WAIVING THEM

Why would you talk to a police officer who stopped you? There are several reasons. First, you feel like you have nothing to hide and you want to explain your way out of the situation. Second, you are confused by the Miranda warnings. This article is designed to help clarify Miranda in one key aspect […]

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Obtaining a Temporary Restraining Order

November 7, 2013

TEMPORARY RESTRAINING ORDER

A temporary restraining order is a remedy issued prior to final disposition of litigation. Its function is to preserve the status quo and to prevent irreparable harm pending the hearing of an application for preliminary injunction on notice. A temporary restraining order has the same force and effect as a preliminary or permanent injunction. But […]

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Moving Forward From a Criminal Past: Expungement of a Felony DUI Conviction

November 7, 2013

EXPUNGEMENT OF A FELONY DUI CONVICTION

At the age of twenty-one, drinking became an all too familiar ritual for him. He was clearly inebriated, yet he grabbed a hold of the steering wheel while his friend entered the passenger side of his car. Now, at age forty, he tries to forget that night, despite the descriptive police report detailing the freeway […]

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JUVENILE DEPENDENCY BASICS – Lesson II in the Series – Some Stupid Damned Social Worker Took My Kids; Things you Should Know

November 7, 2013

JUVENILE DEPENDENCY BASICS

A Primer for Parents and Other Caretakers Lesson II in the Series “Some Stupid Damned Social Worker Took My Kids; Things you Should Know” When last we met, our dear victims of circumstance had endured a police raid on their home in the middle of the night, only to find that the reason for the […]

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EX PARTE

November 7, 2013

In a family law matter you will come across issues that will required your immediate attention and action taken, issues that cannot wait 30+ days to be heard by the Court. Luckily we have the option of appearing in Court within 24 hours, this process is called Ex Parte. An Ex Parte hearing is based […]

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Cohabatation and Spousal Support after the Divorce

November 7, 2013

COHABATATION AND SPOUSAL SUPPORT AFTER THE DIVORCE

Spousal support is designed to allow both ex-spouses to maintain the same living standard as they enjoyed during marriage. It is also designed to help the supported spouse (the spouse receiving spousal support) become self-sufficient. This article is not designed to be comprehensive on spousal support. This article focuses on a situation when the supported […]

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Filing a Welfare & Instructions Code Section 388 Petition In Juvenile Dependency Court

November 7, 2013

388 PETITION IN JUVENILE DEPENDENCY COURT

A 388 petition is typically brought to request a hearing to modify, change, or set aside a previous court order, or to terminate juvenile court jurisdiction, on the ground that there are changed circumstances or new evidence. Any change or modification of a previous order may be sought by a 388 petition. From the commencement […]

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The Evidence Code 730 Evaluation: The Custody Evaluation

November 7, 2013

EVIDENCE CODE 730 EVALUATION: THE CUSTODY EVALUATION

Usually, after months of negotiations and struggles, when the parties are unable to resolve the custody issues resulting from a divorce and paternity action, one of the parties may ask the Court to order a 730 evaluation. The 730 evaluation is a study of the family, the family members and their relationships with the child(ren) […]

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Your Spouse May Be Ordered To Pay Your Attorneys’ Fees

November 7, 2013

spouse pay for your attorneys’ fees

California courts have the power to make your spouse pay for your attorneys’ fees. Family Code section 2010(f). This article is not designed to be comprehensive on the question of attorneys’ fees in family law cases. This article is designed to emphasize that even if you do not have the money to hire an attorney […]

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