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Recent Posts in Domestic Violence and Restraining Orders Category

Eavesdropping and Audio Recordings | Penal Code section 632's Exclusionary Rule in Family Law Proceedingss

Eavesdropping and Audio Recordings – Penal Code section 632’s Exclusionary Rule in Family Law Proceedings Introduction Likely most of us have called into our cable provider or other like ...
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Can Self-Defense Be Used to Defend Against Claims of Domestic Violence?

Self-Defense and Domestic Violence: Defending DV Abuse Claims and In re Marriage of Grissom By: Michael C. Peterson, CFLS A trend in California appellate courts over the past ten years in domestic ...
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How Oppose Illegal Video or Audio Recordings in DV and Other Family Law Proceedings?

What to Do With Illegally Obtained Recordings in Domestic Violence and Other Family Law Situations Over the years I've seen a lot of attempted over-reaches by parties to family law cases. One is ...
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Excluding evidence outside pleadings, including "incidents" not alleged in Request for DVTRO Orders

How Do I Exclude Evidence That Is Outside of the Scope of the Pleadings Filed By the Other Party At My Family Law RFO or Domestic Violence Hearing? While historically it has seemed that Family Court ...
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Denial of Spousal Support Extended to Include DV Perpetrated Against Child

Expanding Spousal Support Denial In Cases of Domestic Violence - Meet IRMO Gomez and Shue : No Alimony to Abusive Parents! What Might This Mean for You? While the language of Section 4320(i) of the ...
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My Spouse Has Placed a "Tracker" on My Car! Is "Techno-Stalking" Domestic Violence?

TECHNOLOGY, STALKING, AND DOMESTIC VIOLENCE: A GROWING JUDICIAL AND LEGISLATIVE RECOGNITION OF "ABUSE" By Michael C. Peterson, Esq. Introduction Over the past several months, some of my ...
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2014 Legislative Changes and Amendments to the CA Family Code

Q. What are the most important 2014 changes and revisions to the California Family Law Act? 2014 Legislative Changes/Amendments to the California Family Code 2013 was definitely a boring year in terms ...
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Avoiding Temporary SPOUSAL SUPPORT for DOMESTIC VIOLENCE

Q. My wife was arrested for domestic violence about seven years ago (two years before we married). She threatened me with a gun. Police were called and she was arrested. I didn't want to press charges ...
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Family Court EVIDENCE Rules - What Is HEARSAY?

An Overview of the "Hearsay Rule" and Its Applications to Divorce and Family Law Proceedings We give the best divorce and family law advice available on the Internet - here's a primer ...
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San Diego Trial Court REVERSED for Failing to Exercise An "INFORMED DISCRETION" in Refusing to Permit Sole Legal Custody Father Who Had PRIMARY PHYSICAL CUSTODY to MOVE OUT OF STATE

San Diego County Move-Away Cases F.T. vs. L.J. (2011) 194 Cal.App.4th 1 On April 6, 2011, the California Fourth Appellate District, Division One, in a strongly (and painfully) worded opinion reversed ...
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I Have My Ex-Husband's EMAIL PASSWORD and Found Email That Proves His INABILITY TO PARENT - How Do I Present This to the Family Court?

Q. My ex-husband and I are involved in a bitter custody dispute. I recently realized he had not changed his Email password, and so I was able to enter his account and review his emails. I found ...
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Overcoming the PRESUMPTION Against SPOUSAL SUPPORT in DOMESTIC VIOLENCE Cases

Q. My wife obtained domestic violence restraining orders against me. I was not guilty of what she claimed I did, but the judge said that all he needed was a 'preponderance of the evidence' to ...
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How Does DOMESTIC VIOLENCE Affect My SPOUSAL SUPPORT OBLIGATIONS?

Q. I obtained Domestic Violence retraining orders against my ex, but I earn more money than she does. Can I use those orders as a defense against her request for temporary spousal support from me? A. ...
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Will the Court DRUG TEST My Wife?

Q. How do I get a Court Order for drug testing my wife? I know she is using and I fear she is a danger to our son. Your argument for drug and alcohol testing of parents or others having custody or ...
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How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?

Q. I know my ex-husband uses drugs and I fear for the safety of our children. We are having a custody dispute. Is it possible to have him give a hair follicle sample for drug testing? How do I get a ...
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How Do I Get the Court to Order My Husband to be HAIR FOLLICLE tested?

Q. I know my ex-husband uses drugs and I fear for the safety of our children. We are having a custody dispute. Is it possible to have him give a hair follicle sample for drug testing? How do I get a ...
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Will the Court DRUG TEST My Wife?

Q. How do I get a Court Order for drug testing my wife? I know she is using and I fear she is a danger to our son. A. Your argument for drug and alcohol testing of parents or others having custody or ...
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OVERVIEW OF CUSTODY APPLICATIONS AND PROCEDURES in California

There are numerous types of situations that may involve custody determinations between parents and even nonparents (although nonparents typically need to be joined into the action since they are not ...
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Domestic Violence and SHELTER FROM THE STORM

Coachella Valley Shelter From the Storm I visited the administrative center for the Palm Desert based Shelter From the Storm on November 11, 2009, and met with its Executive Director, Lynn Moriarty, ...
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Joint legal and sole physical custody Mom needs help.

I am a mom in San Diego County. There are court orders for joint legal custody and sole physical to me. The old orders said I could move anywhere within San Diego County. I just changed our son's ...
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