“I Was Served With A Temporary Restraining Order: What Now?” When a temporary restraining order is issued by a judge, you must be personally served with a copy of the temporary order as well as a notice of a hearing date. The temporary orders last only until the hearing date, when the judge will hear evidence and make a decision on whether or not to issue a longer order. As you wait for your...
Swanson O’Dell
From The blog
“Video Cameras and Recording: Is It Legal?”
“Video Cameras and Recording: Is It Legal?” In recent years the cost and portability of video cameras has improved to the point where people can videotape nearly anywhere at any time. Cell phone cameras have made them easily portable and available for instant use. There are a lot of legal questions that have come up regarding cameras, and not all of them have clear answers yet. For instance, can...
“My Ex And I Argue Every Time We Have A Visitation Exchange. Can This Be Stopped?”
“My Ex And I Argue Every Time We Have A Visitation Exchange. Can This Be Stopped?” Visitation exchanges can often become heated, particularly during a custody or divorce case. Fighting and arguing during exchanges is not something the child or children should have to see, and efforts should be taken to make sure that arguing is stopped early on. A judge has several ways to eliminate arguing,...
What Is Comparative Negligence?
California is what is called a pure comparative negligence state. What this means is that in every accident, the jury will be asked to determine what percentage of fault to assign to each driver. This can range for 100% and 0% in cases of clear liability, to a true 50-50 split if the jury believes each party was equally at fault. While the rules for different kinds of damages are complicated,...
What Should I Look For On My Insurance Coverage To Make Sure My Family Is Protected?
When examining a potential insurance policy, you need to check on several things: Overall coverage, both for property damage and for medical. Gap coverage if your vehicle is financed. Uninsured/underinsured coverage. Deductibles on various events. Whether there is any umbrella coverage. One thing to ask your agent is what your rate would be if you increased your coverage amounts. The most...
Planning for the Needs of a Special Needs Loved One
Today's post, about how to care for a family member with special needs, highlights some very real issues and some important solutions. Estate planning is always important, but never more so when you have a child or relative with special needs. Barry Rosenfeld is a Chartered Financial Consultant and a Chartered Lifetime Assistance Planner who has years of experience helping families with many of...
I Got Hit By A Hit And Run Driver: What Now?
There are two things to do after a hit and run. First, you need to make a police report. Give the investigator any information you have about the accident, including the name and number of anyone who saw anything that might be useful. There are some bad consequences if the driver cannot be found. Law enforcement’s investigation can be cursory, short, and simply a shrugging of the shoulders if...
“What Facts Do I Need To Prove Before I Can Get A Restraining Order?”
“What Facts Do I Need To Prove Before I Can Get A Restraining Order?” The California Family Code lays out the grounds needed for a restraining order fairly specifically. (Civil, non-domestic violence restraining orders are not discussed here and are governed by the Civil Code.) The basis for restraining orders is actually quite broad, and only needs to be proven by “reasonable proof” of past or...
How Can An Attorney Help With My Medical Care After An Accident?
Sometimes it can be difficult to get the medical care you need after an accident, and the out-of-pocket expenses can add up fast. If you are not at fault in the accident, an attorney can help you find a doctor that will treat on a lien. What this means is that you agree to pay the medical bill out of the settlement money you will receive in your lawsuit. This can be particularly useful when you...
“I Was Served With A Restraining Order Giving Me No Visitation With My Kids: Can Anything Be Done?”
“I Was Served With A Restraining Order Giving Me No Visitation With My Kids: Can Anything Be Done?” One of the common requests made with a restraining order filing is that the restrained person have no visitation with minor children. This is a fairly extreme order, but is asked for quite often in cases where violence, abuse, or drug or alcohol problems are alleged in the papers. Because the...