California Family Law Attorney
Recent Posts
Archives
225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

Recent Posts in Evidence 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 ...
Continue reading "Eavesdropping and Audio Recordings | Penal Code section 632's Exclusionary Rule in Family Law Proceedingss" »

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 ...
Continue reading "How Oppose Illegal Video or Audio Recordings in DV and Other Family Law Proceedings?" »

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 ...
Continue reading "Excluding evidence outside pleadings, including "incidents" not alleged in Request for DVTRO Orders" »

Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney

Tips On Using Notices of Deposition Together With A Demand for Production in Divorce and Family Law Proceedings I was recently asked by a reader of our Enlightened Divorce Blog™ about how to ...
Continue reading "Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney" »

Thurman Arnold, III, to Co-Present National Family Law Webinar on Family Law Evidence Rules

Dear Enlightened Divorce Blog™ Reader and Colleagues (Get CLE Credits!): I am pleased to announce that I will be speaking in an upcoming Strafford live webinar, "Evidentiary Challenges in ...
Continue reading "Thurman Arnold, III, to Co-Present National Family Law Webinar on Family Law Evidence Rules" »

Does the FIFTH AMENDMENT Apply to Perjury in Family Law | Divorce Cases?

Q. Can I assert the Fifth Amendment in my divorce | family law proceedings? Asserting the Fifth Amendment Privilege Against Self-Incrimination in Family Law Cases in California: Severe Adverse ...
Continue reading "Does the FIFTH AMENDMENT Apply to Perjury in Family Law | Divorce Cases?" »

What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)

Q. I am representing myself in my divorce. My husband is self-employed. I know he earns more than he claims. We have two children, and I haven't worked in seven years. I feel so stupid now, but I ...
Continue reading "What Should a PRODUCTION DEMAND Request for SUPPORT Purposes? (Part 1)" »

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 ...
Continue reading "Family Court EVIDENCE Rules - What Is HEARSAY?" »

What Is the MARITAL PRIVILEGE in California Family Law and When Does It Apply to Testimony?

Marital Privileges Not To Testify Against Spouse or Domestic Partner Sometimes married persons who are in litigation with third parties (i.e., former spouses and co-parents) are asked to reveal ...
Continue reading "What Is the MARITAL PRIVILEGE in California Family Law and When Does It Apply to Testimony?" »

IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS

An Explanation of CA Fiduciary Duties! Marriage of Margulis ( 8/11/2011) 198 Cal.App.4th 277 Part One I am always pleased to report cutting edge rulings by our appellate courts, and this is one of the ...
Continue reading "IRMO MARGULIS - Managing Spouse Has BURDEN OF PROOF To Explain MISSING ASSETS" »

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 ...
Continue reading "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?" »

Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?

What Are "Statements of Decision" in California Marital Dissolutions? Given the 2011 changes to the California Family Code brought about by the recommendations of the Elkins Task Force, you ...
Continue reading "Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?" »

ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical ...
Continue reading "ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!" »

Can My CHILDREN TESTIFY About Their PARENT PREFERENCE in Our Custody Case?

Q. We have a hearing coming up before the Christmas holidays over custody and visitation issues. I believe my children should testify in court about their father's living conditions, as well as ...
Continue reading "Can My CHILDREN TESTIFY About Their PARENT PREFERENCE in Our Custody Case?" »

DISCOVERY - How are DEPOSITIONS used in California FAMILY LAW and DIVORCE cases? (Part I)

Q. What is a deposition in a California family law or divorce case and what is it used for? Depositions are hands down the most direct and cost-effective way to move your case forward and expose the ...
Continue reading "DISCOVERY - How are DEPOSITIONS used in California FAMILY LAW and DIVORCE cases? (Part I)" »

DISCOVERY in California Marital Proceedings - What Are Requests for Admission?

Q. How do I use Requests for Admission in my dissolution proceeding? What Are Requests for Admission? Requests for Admission ("RFA's") can be a useful discovery tool in family law ...
Continue reading "DISCOVERY in California Marital Proceedings - What Are Requests for Admission?" »

What is DISCOVERY in California Dissolution and Family Law Cases? (Part 1 - Form Interrogatories)

Q. Can you tell me how "discovery" works in California divorce and family law cases? What is Discovery? "Discovery" generally consists of formalized requests for the exchange of ...
Continue reading "What is DISCOVERY in California Dissolution and Family Law Cases? (Part 1 - Form Interrogatories)" »

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 ...
Continue reading "Will the Court DRUG TEST My Wife?" »

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 ...
Continue reading "Will the Court DRUG TEST My Wife? " »