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Recent Posts in Evidentiary Hearings Category

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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May I Make a Motion for a Directed Verdict in a California Family Law Case?

What is the Correct Procedure for Making a Motion for Judgment in a Family Law, Non-Jury Trial? Most trial lawyers, and particularly those with jury trial experience, are generally familiar with a ...
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The Art of the Objection In California Family Law Litigation

The Art of Family Law and Divorce Objections: Evidence and Procedure in California Family Law Proceedings and RFO Requests By: Michael C. Peterson, CFLS Introduction: Whether you are an attorney, or ...
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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 ...
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Announcing Our New SAMPLE Attorneys' Divorce and Family Law Library!

New: Sample and Exemplar Forms For Drafting Pleadings and Discovery in Marital Dissolution and Family Law Cases in January, 2014 we began cobbling together a form library containing selected pleadings ...
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What Is Our DATE OF SEPARATION? Maybe Whatever a Trial Court Says It is!

Q. My wife and I have continued to reside in the same household, although we each understood the marriage was over several years ago. We continued to live together for the kids, and to share expenses ...
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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 ...
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New Cal. Rules of Court, Rule 5.111 - Increasing Litigation Costs Impairs Justice

Important Changes to the Rules For Making Evidentiary Objections to the Contents of Declarations That Support and Oppose Requests for Orders: Meet California Rules of Court, Rule 5.111 Palm Springs ...
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A Family Court Judge's Perspective On EFFECTIVE ADVOCACY

Here is an article that Indio Superior Court Judge Dale R. Wells wrote for publication in the Desert Bar Association's, Family Law Section, monthly newsletter (June, 2012, Vol. 6:12). His article ...
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TIPS for Drafting Family Court DECLARATIONS

Rules for Declarations Filed In Family Court Whether you are a self-represented party or an attorney, I want to remind you that rules govern the declarations that you file in family law proceedings - ...
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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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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 ...
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Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!

Working with Family Court Judges I recently attended this year's annual AFCC (Association of Family and Conciliation Courts) Conference in Orlando. Two Canadian jurists put on a workshop entitled ...
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Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!

A Shifting Judicial Response to Overzealous Advocacy: Excessively Exuberant and Inflammatory Litigation Tactics Will Not Be Tolerated in California Marriage of Davenport (2011) 194 Cal.App.4th 1507 In ...
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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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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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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 ...
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How Do I DISQUALIFY The JUDGE Assigned to My Case?

Q. My husband has filed for divorce and set a hearing for custody of our children. I was just served with the papers. My girlfriends tell me that the judge assigned to my case may be prejudiced ...
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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 ...
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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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