Justia Legal Services & Lawyers Directory

Questions Answered by Jeffrey Moore - Justia Legal Answers

• 12 February 2012Q: Can a defendant in a limited civil suit (for$) DEMAND evidence of personal service other than proces server's affidavit
  A: You can file a Motion to Quash Service of Process, and the court will hear evidence regarding whether or not you were properly served. This procedure is not used very often because it basically just delays the inevitable. For example, even if the plaintiff loses on the motion, he can just have you served again at the courthouse exit after the hearing.
• 10 February 2012Q: What is a case management conference for in a divorce? And, do I have to attend?
  A: A case management conference ('CMC') is a hearing where the court checks on the status of the case. The court will make procedural decisions such as setting the case for mediation, trial, or other hearing, or continuing the case on the CMC calendar. Yes, you should attend the CMC and be prepared to tell the judge what you want to happen next in the case. Also you should file and serve the appropriate Judicial Council form before the hearing.
• 10 February 2012Q: If a man is almost done with a divorce what should he do if the ex wife to be tells him she is now pregnant not his
  A: You have been separated for some time, and Mother says the child is not yours, so you should be safe on the issue of child support/paternity for the unborn child. You have no duty to support this child unless you are the actual father. If your ex does file an action for support later, be sure to request the court order a paternity test.
• 4 February 2012Q: Upstate management agency called me and some how convinced me that I had to pay or else I would be served the next day
  A: Contact the bank that issued the ATM card. At the very least you need to get a new card issued so that Upstate does not continue to withdraw funds from your account. I am not sure what you mean by 'a scam', but if appropriate you should also report the matter to law enforcement.
• 2 February 2012Q: How doesone file for protective order?
  A: The first step is to file a written ex parte application for an order. This is done with fill-in-the-blank Judicial Council Forms supported by a declaration of what happened to justify the order. The court will make a determination about whether to issue a temporary order for several weeks until the matter can be heard based upon the written application. Regardless of whether the temporary order is issued, a hearing will be set so the court can evaluate whether or not to issue a 'permanent' three year order. The hearing is a court trial at which either side can present witnesses and other tangible evidence. Often photographs of injuries, or medical records are presented to the court to prove the type and extent of abuse. It is not necessary to prove physical injury to get an order. Things like locking someone out of their house, vandalizing their vehicle or other personal property, and other forms of harassment can be enough too.
• 1 February 2012Q: What are a father's rights in California concerning visitation rights? What if mother wants to move away?
  A: Cases involving move-aways are some of the more complicated in family division. In most circumstances Father has a right to a trial of the issue. The court's ultimate concern is what is best for the child. This is balanced by the statutory requirement that non-custodial parents have 'frequent and continuous' visitation. The court considers such factors as the reason for the move request, relatives and friends of family at the new location, education and health care at the new location, the distance of the move, the amount of visitation father currently has, and many other factors. You should hire counsel to represent you if you can afford it.
• 30 January 2012Q: How do I file an Order to Show Cause for Reimbursement of child expenses with the court?
  A: Child care and medical expenses are an aspect of child support, often referred to as a ,child support add-on'. You have filed the correct forms. You should of course be prepared to submit receipts for the medical and childcare expenses. Also prepare to defend the necessity of the expenses: medical expenses must be necessary, not cosmetic; child care expenses must be so that you can attend school or work.
• 29 January 2012Q: My mother in law is demanding to see my daughter everyweekend but makes no effort to come see her. Does she have rights?
  A: If you are still married the answer is no. If you go through a divorce or legal separation, grandparents can request visitation from the court. If she rarely visits now, the court will be less likely to grant her visitation if you separate or terminate your marriage.
• 29 January 2012Q: In san diego a false domestic violence case was filed,the TRO was denied,a hearing was offered and denied by petitioner.
  A: You could have challenged the assignment of the judge to the custody case as prejudiced by the hearing of the earlier DV case, but you waived this right by not raising the issue at the first custody hearing. At this point you should bring an Order to Show Cause for modification of grand-parental visitation. You will need to show a change of circumstances since the prior order (e.g., completion of DV classes, 12 step program, etc.)